Human Rights Violations In The Zambian Mining Sector

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Human Rights Violations in the Zambian Mining Sector

Author : Brigadier Siachitema
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (111 download)

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Book Synopsis Human Rights Violations in the Zambian Mining Sector by : Brigadier Siachitema

Download or read book Human Rights Violations in the Zambian Mining Sector written by Brigadier Siachitema and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation is a legal analysis of the violations of human rights in the Zambian mining sector. The study provides a brief background to the mining sector in Zambia, the facts of several past and ongoing cases related to the human rights violations in the Zambia mining sector, summaries of domestic, regional and international human rights law applicable to the Zambian mining sector and then applies the legal framework to the facts of past of and ongoing cases relating to violations of human rights in the Zambian mining sector. The study thus aims to discuss the effectiveness of the Zambian legal framework in addressing human rights violations in the mining sector. In doing so, it aims at establishing whether the Zambian legal framework, in practice, is reducing and mitigating the negative impacts of the mining sector on human. The study will inform the government, regulatory institutions, mining companies, and grievance mechanisms of what is expected of them under the existing regulatory framework, including regional and international standards and also empower affected communities on when and how to seek a remedy . By employing a desktop-based research methodology, the study analyses reported incidences of human rights violations in the mining sector in the light of existing legal framework. It also analyse issues around the enforcement of existing legal frameworks and some gaps and inconsistencies between Zamia domestic legal frameworks and regional and international instruments to which Zambia is a party. The reveals that there are persistent incidences and cases of violations of human rights in the mining sector which include, air, water, and soil pollution, land degradation, and the displacement of rural communities without consultation and fair compensation. Besides, mining workers are subjected to poor and unsafe working conditions and standard and the use of excessive force by both public and private security forces. The study also reveals that Zambia has laws and regulations aimed at minimizing the negative impacts of mining operations on human rights and ratifying several international and regional human rights instruments. While the law provides protections of human rights, there is a chronic lack of enforcement of the law and underfunding of most of the major regulatory bodies. The majority of victims are poor and unable to access justice without the provision of meaningful legal aid. In addition, there are fairly large gaps between the existing law regional and international law. The Zambian legal framework lacks concrete requirements for consultations with and participation of local communities. Therefore, the Zambian legal framework is ineffective in addressing human rights violation in the mining sector.

Mining Rights in Zambia

Author : Muna Ndulo
Publisher :
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Mining Rights in Zambia by : Muna Ndulo

Download or read book Mining Rights in Zambia written by Muna Ndulo and published by . This book was released on 1987 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

"You'll be Fired If You Refuse"

Author : Matt Wells
Publisher :
ISBN 13 : 9781564328243
Total Pages : 122 pages
Book Rating : 4.3/5 (282 download)

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Book Synopsis "You'll be Fired If You Refuse" by : Matt Wells

Download or read book "You'll be Fired If You Refuse" written by Matt Wells and published by . This book was released on 2011 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past decade has seen burgeoning investment across Africa by private and state-run Chinese enterprises. This report examines the labor practices of a Chinese state-owned enterprise in four copper mining operations in Zambia. While Zambia's copper miners welcome Chinese-run companies' substantial investment and job creation, they also encounter abusive employment conditions that violate national and international standards and fall short of practices among the other multinationals operating in Zambia's copper mining industry. Miners at Chinese-run companies described consistently poor health and safety standards, including inadequate ventilation that can lead to serious lung diseases, hours of work in excess of Zambian law, the failure to replace workers' damaged protective equipment, and routine threats of being fired should they refuse to work in unsafe places. These practices, combined with the already dangerous nature of the work, cause injuries and other health complications. Many of the labor practices in Zambia seem to be exported from China's domestic mining industry, with safety and health measures treated as irritating barriers to greater profits, rather than as good business practices, both in the Chinese domestic mining industry and in Chinese-run mines in Zambia. Primary responsibility for ensuring that Zambia's copper mines operate in accordance with national and international standards rests with the Zambian government, which has largely failed to enforce the country's labor laws and mining regulations. A September 20, 2011, presidential election brought to power longtime opposition politician Michael Sata, who has long been critical of labor practices in Chinese-run companies. Sata should now demonstrate that his rhetoric will be matched by action to protect workers' rights.

Mineral Mining in Africa

Author : Evaristus Oshionebo
Publisher : Routledge
ISBN 13 : 1351055526
Total Pages : 277 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Mineral Mining in Africa by : Evaristus Oshionebo

Download or read book Mineral Mining in Africa written by Evaristus Oshionebo and published by Routledge. This book was released on 2020-11-11 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa is endowed with commercially viable quantities of several minerals and metals, and, more than ever before, African countries wish to harness their mineral resources for their economic development. The African mining sector has witnessed a revolution in terms of new mining codes and amendments to extant mining codes, which are designed to achieve a multitude of objectives, including the assertion of greater control over exploitation of mineral resources; optimization of resource royalties and taxes; promotion of equity participation in mining projects; enhancement of indigenization in the form of domestic participation in mineral production and local content requirements; value addition and beneficiation in terms of domestic processing of raw mineral ores and metals in Africa; and the promotion of sustainable practices in the mining sector. This book analyzes the legal and fiscal frameworks for hard-rock mining in several African countries including Botswana, Democratic Republic of Congo, Ethiopia, Ghana, Guinea, Kenya, Namibia, Nigeria, Liberia, Tanzania, Sierra Leone, South Africa, South Sudan, Zambia, and Zimbabwe, with reference to other resource-rich countries. It engages in a comparative analysis of mining statutes in Africa with regard to topics such as the acquisition of mineral rights; types of mineral rights; the nature of mineral rights; the rights and obligations of mineral right holders; security of mineral tenure; surface rights; fiscal regimes including royalty and tax regimes; resource nationalism in the mining sector; management and utilization of mining revenues including benefit-sharing arrangements between mining companies and host communities; environmental stewardship; and sustainable exploitation of mineral resources.

Business and Human Rights Law and Practice in Africa

Author : Olawuyi, Damilola S.
Publisher : Edward Elgar Publishing
ISBN 13 : 1802207465
Total Pages : 337 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Business and Human Rights Law and Practice in Africa by : Olawuyi, Damilola S.

Download or read book Business and Human Rights Law and Practice in Africa written by Olawuyi, Damilola S. and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.

Human Rights and the Environment in Africa

Author : Jean-Claude N. Ashukem
Publisher : Taylor & Francis
ISBN 13 : 1000997677
Total Pages : 408 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Human Rights and the Environment in Africa by : Jean-Claude N. Ashukem

Download or read book Human Rights and the Environment in Africa written by Jean-Claude N. Ashukem and published by Taylor & Francis. This book was released on 2023-11-10 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between human rights and the environment, as evidenced by the recent UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, doctrinal, and empirical research to interrogate and provide clarity on how and whether the human rights-based approach to environmental protection and policy implications has been effective in enhancing environmental protection and sustainability in Africa. It brings together an elite group of African and international experts to investigate the increasing connectivity and problems with African human rights, environmental governance, and the quest for sustainability. The book is divided into thematic clusters, including: the right of vulnerable communities to sustainability; climate change, the right to development and natural resource governance; corporate environmental responsibility and sustainability; the philosophy of environmental ethics and theories of human rights approaches to environmental governance; procedural environmental rights; the role of the judiciary in environmental protection; and desertification. These themes provide a structure to investigate and clarify specific fundamental questions on Africa’s environmental governance paradigm. This innovative contribution provides an interdisciplinary approach to the philosophical interrelationship and use of human rights approaches to ensure and enhance environmental protection and sustainability. As such, the book will be of interest to African scholars, researchers and students in Human Rights Law, Environmental Studies, Political Science, Ecology and Conservation and Development Studies. It will also be a valuable resource for policymakers, governments, NGOs, practitioners, and all those interested in African environmental governance.

Natural Resource Sovereignty and the Right to Development in Africa

Author : Carol Chi Ngang
Publisher : Taylor & Francis
ISBN 13 : 1000433730
Total Pages : 329 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Natural Resource Sovereignty and the Right to Development in Africa by : Carol Chi Ngang

Download or read book Natural Resource Sovereignty and the Right to Development in Africa written by Carol Chi Ngang and published by Taylor & Francis. This book was released on 2021-08-25 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

The Socio-Economic Impacts of Artisanal and Small-Scale Mining in Developing Countries

Author : G.M. Hilson
Publisher : Taylor & Francis
ISBN 13 : 1135291225
Total Pages : 766 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Socio-Economic Impacts of Artisanal and Small-Scale Mining in Developing Countries by : G.M. Hilson

Download or read book The Socio-Economic Impacts of Artisanal and Small-Scale Mining in Developing Countries written by G.M. Hilson and published by Taylor & Francis. This book was released on 2003-01-01 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine both the positive and negative socioeconomic impacts of artisanal and small-scale mining in developing countries. In recent years, a number of governments have attempted to formalize this rudimentary sector of industry, recognizing its socioeconomic importance. However, the industry continues to be plagued by

Still Killing

Author : Alex Vines
Publisher : Human Rights Watch
ISBN 13 : 9781564322067
Total Pages : 222 pages
Book Rating : 4.3/5 (22 download)

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Book Synopsis Still Killing by : Alex Vines

Download or read book Still Killing written by Alex Vines and published by Human Rights Watch. This book was released on 1997 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Momentum for a ban

General Principles for Business and Human Rights in International Law

Author : Ludovica Chiussi Curzi
Publisher : BRILL
ISBN 13 : 9004440038
Total Pages : 404 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi

Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.

The Ethics of Global Business

Author : Denis G. Arnold
Publisher : John Wiley & Sons
ISBN 13 : 1118322169
Total Pages : 182 pages
Book Rating : 4.1/5 (183 download)

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Book Synopsis The Ethics of Global Business by : Denis G. Arnold

Download or read book The Ethics of Global Business written by Denis G. Arnold and published by John Wiley & Sons. This book was released on 2023-03-07 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an original account of international business ethics grounded in cosmopolitan human rights theory Transnational companies (TNCs) operate in a variety of political jurisdictions and legal frameworks. As international trade and foreign direct investment (FDI) continue to increase, TNCs based in industrialized 'home' nations are gaining enormous economic and political influence in developing 'host' nations. Corporations operating internationally, particularly in nations with limited regulatory and enforcement resources, are often free to determine whether they will follow existing laws and guidelines regarding consumer protection, worker safety, and environmental protection. The Ethics of Global Business provides clear and pragmatic guidance for business leaders interested in the ethical conduct of international business. With a cosmopolitan human rights perspective on international business ethics, this comprehensive volume describes modern transnational companies, explains why companies and their leaders are responsible for company policies and practices, and presents a conceptual framework grounded in respect for basic human rights. Arnold addresses a wide range of central topics, such as the role of transnational companies in global justice, the human rights obligations of transnational companies, labor rights in global supply chains, corporate responsibility regarding global climate change, and exploitation and empowerment at the base of the global economic pyramid. Presents and defends a theory of moral legitimacy that views TNCs as agents of justice Offers an alternative ethical conception of CSR that integrates a cosmopolitan human rights perspective Provides critical and ethical analysis of recent United Nations (UN) initiatives on business and human rights including the UN tripartite framework recently approved by the UN Human Rights Council Analyzes current Base of the Pyramid (BoP) strategies Defends minimum standards for working conditions in global supply chains and analyzes wage exploitation in developing nations Demonstrates the need for ethical CSR and morally legitimate BoP business ventures that do not exploit people living in moderate and extreme poverty (MEP) The Ethics of Global Business is essential reading for business leaders, policymakers, scholars, undergraduate and graduate students, and general readers with an interest in business ethics, global justice, human rights, sweatshop ethics, solutions to global poverty, corporate environmental sustainability, and global climate change as related to transnational companies.

Investigating Forced Labour and Trafficking

Author : Carron Fox
Publisher : International Labour Office
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Investigating Forced Labour and Trafficking by : Carron Fox

Download or read book Investigating Forced Labour and Trafficking written by Carron Fox and published by International Labour Office. This book was released on 2008 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research project was undertaken in response to an approach by the Zambian Ministry of Labour and Social Security (MLSS) to the International Labour Office (ILO) to request assistance to look into the possible existence of forced labour practices in Zambia. In particular, MLSS had become concerned about the practices of some recruitment agencies, which were acting as 'labour brokers' in the mining sector. These agencies were thought to be exploiting jobseekers after they had been placed into employment, by retaining a significant part of their wages as a placement fee. MLSS' concern arose following the lodging of complaints by workers over non-payment of terminal benefits, with neither the client company nor the recruitment agency accepting responsibility for the payment.

Global Governance, Human Rights and International Law

Author : Errol P. Mendes
Publisher : Taylor & Francis
ISBN 13 : 1000578372
Total Pages : 160 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Global Governance, Human Rights and International Law by : Errol P. Mendes

Download or read book Global Governance, Human Rights and International Law written by Errol P. Mendes and published by Taylor & Francis. This book was released on 2022-08-18 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, it argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. Following the election of President Donald Trump , the second edition will explores how we are witnessing a critical battle to ensure that human rights, international law and the beneficial aspects of globalization will still be relevant and applied in some of the critical institutions of global governance and in the operations of the global private sector. The second edition will focus on how States, institutions and global civil society will have to ramp up the struggle to fight this ‘tragic flaw’ that is now even more evident with the actions of the US and other authoritarian states, like China and Russia in this second decade of the 21st Century.

Chinese Investment in Africa

Author : David N. Abdulai
Publisher : Routledge
ISBN 13 : 1317166981
Total Pages : 217 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Chinese Investment in Africa by : David N. Abdulai

Download or read book Chinese Investment in Africa written by David N. Abdulai and published by Routledge. This book was released on 2016-11-03 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: China leads the world when it comes to investment and influence on the African continent. The extent of Chinese investment in Africa is well known and much has been written about China’s foray into Africa. However, most of the available material has approached this issue by looking at China as the ’New Colonialist’ – more interested in Africa’s vast natural resources than working in partnership for sustained development. Whilst China’s interest in Africa’s resources is evident, it is just half of the story. China’s foray into Africa goes beyond its appetite for natural resources and into the realm of geo-politics and international political economics. For example, China is all too aware of how it can cultivate Africa’s support on global issues at the United Nations and at other international fora. Breaking free from the binary arguments and analysis which characterize this topic, Professor Abdulai presents a refreshing perspective that China’s foray into Africa can produce win–win outcomes for China and Africa – if Africans really know what they want from China. Hitherto, each African country has tended to engage China with an individual bucket list; acting in isolation and not as part of a wider continent (indeed Africa and the African Union does not yet have a coordinated policy towards China). For Africa to be able to do that it needs to know where China is coming from, the factors that contributed to its awakening and success, and the benefits and possible pitfalls of this foray, in order to better position itself for a win–win engagement with China. This book will be a valuable read for policy makers, think-tanks and students of Africa-China studies programmes alike.

Human Rights Standards and the Responsibility of Transnational Corporations

Author : Michael K. Addo
Publisher : BRILL
ISBN 13 : 9004637567
Total Pages : 410 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Human Rights Standards and the Responsibility of Transnational Corporations by : Michael K. Addo

Download or read book Human Rights Standards and the Responsibility of Transnational Corporations written by Michael K. Addo and published by BRILL. This book was released on 1999-09-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature and scope of corporate responsibility with regard to human rights? Should companies themselves be responsible for human rights violations involving themselves or their subsidiaries? What principles should guide business in countries known to violate human rights? Is self-regulation sufficient, or are corporations best regulated by national or international codes, and on what should these codes be based? These are some of the many questions which this ground-breaking collection of essays seeks to address as it assesses the value of applying human rights standards to transnational corporations. The increasing involvement of corporations in the public domain and the steady reduction of governmental involvement in commercial and social undertakings has created a desperate need to rethink the nature and role of the private corporation and its regulation. This volume, which contains a balanced collection of analyses from all interested sources in the corporate responsibility debate, is the result of a three-day conference during which government officials, corporate executives, NGOs, and representatives of inter-governmental organisations, as well as academic researchers, came together for the first time to discuss the emerging issues. The essays have been arranged under six broad themes: policy issues, regulation, issues of application, matters of doctrine, globalisation and case studies. In addition, each section contains the opinion (not simply a summary of proceedings) of a nominated rapporteur who draws together the strands of each theme, and, where necessary, broadens the analysis to cover important issues which may not have been addressed. At the heart of this volume is the attempt to define an effective framework for transnational corporate responsibility through international human rights standards. It will be of vital interest to corporate legal advisers, human rights practitioners, NGOs, government law offices and academics, as well as to all those concerned with human rights and their place in the modern world.

Litigating Transnational Human Rights Obligations

Author : Mark Gibney
Publisher : Routledge
ISBN 13 : 1135121052
Total Pages : 385 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Litigating Transnational Human Rights Obligations by : Mark Gibney

Download or read book Litigating Transnational Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2013-10-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

The Culpable Corporate Mind

Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 150995239X
Total Pages : 523 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Culpable Corporate Mind by : Elise Bant

Download or read book The Culpable Corporate Mind written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law. The collection also has a deliberate focus on the 'nuts and bolts' of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends.The collection therefore engages strongly with scholarly debates. The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice.