Corporations, Accountability and International Criminal Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857939505
Total Pages : 320 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Corporations, Accountability and International Criminal Law by : Kyriakakis, Joanna

Download or read book Corporations, Accountability and International Criminal Law written by Kyriakakis, Joanna and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

Corporations, Accountability and International Criminal Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9780857939494
Total Pages : 320 pages
Book Rating : 4.9/5 (394 download)

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Book Synopsis Corporations, Accountability and International Criminal Law by : J. Kyriakakis

Download or read book Corporations, Accountability and International Criminal Law written by J. Kyriakakis and published by Edward Elgar Publishing. This book was released on 2021-12-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. Joanna Kyriakakis surveys the state of the art in the field, highlighting the case for the international criminal justice project to engage more fully with the role industry can play in atrocity. From the post World War II era to contemporary international criminal courts and tribunals and the activities of domestic criminal justice agencies, this book analyses cases and international law reform efforts aimed at accounting for business involvement in international crimes. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice. Students, practitioners and academics of international criminal law will find this a beneficial read, particularly through its engagement with the key contemporary debate around the extension of international criminal law to business actors. The exploration of how to address the global governance gap and better account for human rights abuses in transnational corporate activity will also make this an invigorating book for business and human rights scholars.

Accountability, International Business Operations and the Law

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Author :
Publisher : Routledge
ISBN 13 : 1351127144
Total Pages : 299 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Accountability, International Business Operations and the Law by : Liesbeth Enneking

Download or read book Accountability, International Business Operations and the Law written by Liesbeth Enneking and published by Routledge. This book was released on 2019-12-05 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

Strategic Litigation and Corporate Complicity in Crimes Under International Law

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Publisher : Taylor & Francis
ISBN 13 : 1000969932
Total Pages : 207 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Strategic Litigation and Corporate Complicity in Crimes Under International Law by : Kalika Mehta

Download or read book Strategic Litigation and Corporate Complicity in Crimes Under International Law written by Kalika Mehta and published by Taylor & Francis. This book was released on 2023-10-09 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.

Moral Accountability and International Criminal Law

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Publisher : Routledge
ISBN 13 : 1136633332
Total Pages : 222 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Moral Accountability and International Criminal Law by : Kirsten Fisher

Download or read book Moral Accountability and International Criminal Law written by Kirsten Fisher and published by Routledge. This book was released on 2013-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--

Accountability and Corporate Human Rights Violations in Tort and International Law

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527575756
Total Pages : 480 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Accountability and Corporate Human Rights Violations in Tort and International Law by : Emmanuel K. Nartey

Download or read book Accountability and Corporate Human Rights Violations in Tort and International Law written by Emmanuel K. Nartey and published by Cambridge Scholars Publishing. This book was released on 2021-10-04 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.

Corporate Liability and International Criminal Law

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Author :
Publisher :
ISBN 13 : 9781032487427
Total Pages : 0 pages
Book Rating : 4.4/5 (874 download)

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Book Synopsis Corporate Liability and International Criminal Law by : Alessandra De Tommaso

Download or read book Corporate Liability and International Criminal Law written by Alessandra De Tommaso and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book investigates whether corporate criminal liability should be incorporated within the scope of international criminal law. The work provides unique insight into the evolution of the debate on the international criminal liability of corporations to facilitate future discussion on the possibility of including corporations within the scope of international criminal law. It combines a detailed examination of Nuremberg and Rome with the examination of previously overlooked initiatives such as the Draft Code of Offences against Peace and Security of Mankind and the 1951 and 1953 Committees on International Criminal Jurisdiction. This analysis is also complemented by a review of significant post-1998 international and domestic developments around corporate criminal liability. In addition, it offers suggestions for the development of an amendment to hold corporations accountable under the Statute of the ICC. The book contributes to the existing literature on the topic of corporate liability which attracts significant attention from scholars in the fields of Law, Business and Political Science. It will be useful to professionals in the academic and diplomatic fields, researchers, legal advisors, and business leaders. It will also be of interest to anyone who wants to understand the debate on holding businesses accountable under international criminal law"--

International Corporate Legal Responsibility

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141898
Total Pages : 600 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Corporate Legal Responsibility by : Stephen Tully

Download or read book International Corporate Legal Responsibility written by Stephen Tully and published by Kluwer Law International B.V.. This book was released on 2012-01-06 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.

Crimes of Business in International Law

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Publisher : Nomos Verlag
ISBN 13 : 3845271574
Total Pages : 401 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis Crimes of Business in International Law by : Thomas M. Schmidt

Download or read book Crimes of Business in International Law written by Thomas M. Schmidt and published by Nomos Verlag. This book was released on 2015-12-31 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Prävention von Wirtschaftstätigkeit, die zu schwersten Menschenrechtsverletzungen beiträgt, ist für die internationale Gemeinschaft von hoher Bedeutung. Der Verfasser entwirft Wege zur Begründung individueller strafrechtlicher Verantwortlichkeit für das Bereitstellen von Infrastruktur-, Finanz- und sonstigen Mitteln zur Begehung von Verbrechen gemäß dem Römischen Statut des Internationalen Strafgerichtshofs. Das Werk macht dafür grundlegende Beiträge der deutschen Strafrechtswissenschaft fruchtbar und hinterfragt kritisch die Rechtsprechung des Gerichtshofs zu Täterschaft und ziviler Vorgesetztenverantwortlichkeit. Aus menschenrechtlicher Perspektive legt der Autor dar, in welchem Umfang sozial erwünschte wirtschaftliche Betätigung straffrei zu stellen ist. Ein interdisziplinärer Zugriff auf das rechtspolitische Vorhaben einer völkerrechtlichen Unternehmensstrafbarkeit legt den ungelösten Konflikt zwischen konträren Organisationswirklichkeiten als wichtiges Reformhindernis frei.

Corporate Accountability in the Context of Transitional Justice

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Publisher : Routledge
ISBN 13 : 1317577493
Total Pages : 280 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Corporate Accountability in the Context of Transitional Justice by : Sabine Michalowski

Download or read book Corporate Accountability in the Context of Transitional Justice written by Sabine Michalowski and published by Routledge. This book was released on 2014-06-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.

National Accountability for International Crimes in Africa

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Publisher : Springer Nature
ISBN 13 : 3030880443
Total Pages : 652 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis National Accountability for International Crimes in Africa by : Emma Charlene Lubaale

Download or read book National Accountability for International Crimes in Africa written by Emma Charlene Lubaale and published by Springer Nature. This book was released on 2022-02-07 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.

Towards Corporate Liability in International Criminal Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Towards Corporate Liability in International Criminal Law by : Desislava Stoitchkova

Download or read book Towards Corporate Liability in International Criminal Law written by Desislava Stoitchkova and published by . This book was released on 2010 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.

The International Criminal Responsibility of War's Funders and Profiteers

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108651208
Total Pages : 571 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The International Criminal Responsibility of War's Funders and Profiteers by : Nina H. B. Jørgensen

Download or read book The International Criminal Responsibility of War's Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

Corporate Environmental Accountability in International Law

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Publisher : Oxford University Press
ISBN 13 : 0198738048
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Corporate Environmental Accountability in International Law by : Elisa Morgera

Download or read book Corporate Environmental Accountability in International Law written by Elisa Morgera and published by Oxford University Press. This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.

Business and Human Rights

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317233859
Total Pages : 314 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Business and Human Rights by : Nadia Bernaz

Download or read book Business and Human Rights written by Nadia Bernaz and published by Taylor & Francis. This book was released on 2016-10-04 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

Corporate Manslaughter and Regulatory Reform

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Author :
Publisher : Springer
ISBN 13 : 1137296275
Total Pages : 324 pages
Book Rating : 4.1/5 (372 download)

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Book Synopsis Corporate Manslaughter and Regulatory Reform by : P. Almond

Download or read book Corporate Manslaughter and Regulatory Reform written by P. Almond and published by Springer. This book was released on 2013-01-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.

Prosecuting Corporations for Genocide

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Publisher : Oxford University Press
ISBN 13 : 0190238925
Total Pages : 280 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Prosecuting Corporations for Genocide by : Michael J. Kelly

Download or read book Prosecuting Corporations for Genocide written by Michael J. Kelly and published by Oxford University Press. This book was released on 2016-02-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.