Zaneta Sedilekova

Biodiversity Risk: Legal Implications for companies and thier Directors report addresses the nature of directors’ duties vis-à-vis increasingly material risk related to biodiversity loss. It finds that directors may face liability for a failure to consider biodiversity risks in governance and disclosure if this breaches their duties of care or loyalty. The standard for directors’ duties is interpreted in light of external context and will depend on the jurisdiction and factual circumstances of… Show more

Biodiversity Risk: Legal Implications for companies and thier Directors report addresses the nature of directors’ duties vis-à-vis increasingly material risk related to biodiversity loss. It finds that directors may face liability for a failure to consider biodiversity risks in governance and disclosure if this breaches their duties of care or loyalty. The standard for directors’ duties is interpreted in light of external context and will depend on the jurisdiction and factual circumstances of the company. This report is generally applicable to jurisdictions worldwide, with illustrative examples of relevant context in the following jurisdictions: Australia, Canada, India, South Africa and the UK. Show less

Commissioned by The Law Society of England and Wales, Addressing biodiversity loss – evolution or revolution of English law? report examines two trends related to biodiversity - its current decline and what we hope to be its future restoration, and how these trends challenge the legal profession in a myriad of unprecedented ways. It discusses the gradual development of the legal understanding of nature; where the responsibility for past biodiversity loss may lie; and how stewardship of… Show more

Commissioned by The Law Society of England and Wales, Addressing biodiversity loss – evolution or revolution of English law? report examines two trends related to biodiversity - its current decline and what we hope to be its future restoration, and how these trends challenge the legal profession in a myriad of unprecedented ways. It discusses the gradual development of the legal understanding of nature; where the responsibility for past biodiversity loss may lie; and how stewardship of biodiversity is crucial for its restoration in the years to come. The report is published as part of The Law Society's Horizon Scanning project, which looks at potential risks to the legal sector and those who practise within it over the next five to 10 years. Show less

This article addresses the pertinent questions that arise when international investment norms confront non-investment principles – what is the significance of this clash in the worldwide effort to combat climate change? How can it be reconciled? And, most importantly, does this conflict of norms make international arbitration a friend or a foe in the fight against climate change?

In 2020, Law Society's Future Worlds 2050 project explored what emerging signals of change today might mean for the world by 2050, climate change being one of them.

The climate crisis is a risk multiplier across society and for the legal sector it brings new and wicked problems around attribution, jurisdiction and accountability. As the legal profession begins to understand the full possible legal implications of climate change risks, in this publication, we share our understanding of… Show more

In 2020, Law Society's Future Worlds 2050 project explored what emerging signals of change today might mean for the world by 2050, climate change being one of them.

The climate crisis is a risk multiplier across society and for the legal sector it brings new and wicked problems around attribution, jurisdiction and accountability. As the legal profession begins to understand the full possible legal implications of climate change risks, in this publication, we share our understanding of the emerging physical, liability and transition risks and the growing role for lawyers in climate change litigation. Show less

This article addresses the increasing necessity to establish the extent of states' human rights obligations in extraterritorial armed conflicts. The substantial discussion focuses on two recent judgments of the European Court of Human Rights - Hassan v. UK and Jaloud v. Netherlands. Since the reasoning of the European Court in these cases suggests that various human rights obligations will be affected to a different extent by the occurrence of extraterritorial hostilities, Section 3 of this… Show more

This article addresses the increasing necessity to establish the extent of states' human rights obligations in extraterritorial armed conflicts. The substantial discussion focuses on two recent judgments of the European Court of Human Rights - Hassan v. UK and Jaloud v. Netherlands. Since the reasoning of the European Court in these cases suggests that various human rights obligations will be affected to a different extent by the occurrence of extraterritorial hostilities, Section 3 of this article focuses on the standards of the duty to investigate violations of the right to life and concludes that there are certain aspects of this duty that manifestly conflict with its counterpart under International Humanitarian Law. Two methods of modifying the strict standards of the duty to investigate are therefore proposed, namely the focus on the effects (or the absence thereof) of the challenged shortcomings and on concrete constraints substantiated by factual evidence as well as provisions of the International Humanitarian Law. Show less

The expert opinion seeks to answer the question, whether the duty to ‘facilitate’ laid down in Article 3(2)(b) of Directive 2004/38/EC leads to an obligation under Union law for the Member States to assess and evidence the starting date of the lawful residence of the unmarried partner. The expert opinion investigates the content of the duty to ‘facilitate’ and argues that the assessment of evidence of the starting date of the residence right of an unmarried partner falls within the scope of… Show more

The expert opinion seeks to answer the question, whether the duty to ‘facilitate’ laid down in Article 3(2)(b) of Directive 2004/38/EC leads to an obligation under Union law for the Member States to assess and evidence the starting date of the lawful residence of the unmarried partner. The expert opinion investigates the content of the duty to ‘facilitate’ and argues that the assessment of evidence of the starting date of the residence right of an unmarried partner falls within the scope of this duty as well as the right to an effective remedy guaranteed by Article 47 of the EU Charter on Fundamental Rights. Consecutively, the implementation of the duty to facilitate in the Netherlands is discussed. It is argued that this situation is not in conformity with the duty to facilitate and the EU right to an effective remedy. Show less

The expert opinion addresses the following topics: assessment of the risk of refoulement in Somalian asylum cases, the internal flight alternative in the context of Article 3 ECHR, internally displaced persons camps in the context of Article 3 ECHR and assessment of the risk of refoulement upon return to al-Shabaab territory.