This chapter examines the role of the individual in the international legal system. It considers the direct rights and responsibilities of individuals under the international legal system; their capacity to bring international claims; and their ability to participate in the creation, development, and enforcement of international law. Particular examples from a wide range of areas of international law, including international human rights law, international criminal law, and international economic law, are used to illustrate the conceptual and practical participation of individuals in the international legal system. It is argued that individuals are participants in that system, and are not solely objects that are subject to States’ consent, though their degree of participation varies depending on the changing nature of the international legal system.
Chapter
9. The Individual and the International Legal System
Robert McCorquodale
Chapter
11. Duty of care, skill, and independent judgment
In addition to their fiduciary obligations, directors are subject to duties of care, skill, and diligence. This chapter discusses the statutory standard of care, skill, and diligence which is an objective standard as set out in CA 2006, s 174. The section does not indicate the content of the duty, however, which is a matter for the case law. The issues of concern revolve around the extent to which directors need to be informed to carry out their duties and the extent to which they can delegate to others and then rely on that delegate. There is also a related duty in s 173 to exercise independent judgement rather than blindly follow the instructions of others, which is also discussed in the chapter.
