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Responsabilite Penale Des Personnes Morales
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Book Synopsis Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif by : Hans De Doelder
Download or read book Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif written by Hans De Doelder and published by Martinus Nijhoff Publishers. This book was released on 1996 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.
Book Synopsis Corporate Criminal Liability by : Mark Pieth
Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Author : Publisher :Editions Bréal ISBN 13 :2749525802 Total Pages :259 pages Book Rating :4.7/5 (495 download)
Download or read book written by and published by Editions Bréal. This book was released on with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulating Corporate Criminal Liability by : Dominik Brodowski
Download or read book Regulating Corporate Criminal Liability written by Dominik Brodowski and published by Springer. This book was released on 2014-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Book Synopsis Preventing Corporate Corruption by : Stefano Manacorda
Download or read book Preventing Corporate Corruption written by Stefano Manacorda and published by Springer Science & Business. This book was released on 2014-04-28 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.
Book Synopsis Forging a Convention for Crimes against Humanity by : Leila Nadya Sadat
Download or read book Forging a Convention for Crimes against Humanity written by Leila Nadya Sadat and published by Cambridge University Press. This book was released on 2011-03-28 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.
Book Synopsis Liability of Legal Persons for Offences in the EU by : Gert Vermeulen
Download or read book Liability of Legal Persons for Offences in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)
Book Synopsis Public Health Crisis Management and Criminal Liability of Governments by : Michael Bohlander
Download or read book Public Health Crisis Management and Criminal Liability of Governments written by Michael Bohlander and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice.
Author :Katharina Boele-Woelki Publisher :Eleven International Publishing ISBN 13 :9077596194 Total Pages :1057 pages Book Rating :4.0/5 (775 download)
Book Synopsis General Reports of the XVIIth Congress of the International Academy of Comparative Law by : Katharina Boele-Woelki
Download or read book General Reports of the XVIIth Congress of the International Academy of Comparative Law written by Katharina Boele-Woelki and published by Eleven International Publishing. This book was released on 2007 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.
Book Synopsis Multilevel Regulation of Military and Security Contractors by : Christine Bakker
Download or read book Multilevel Regulation of Military and Security Contractors written by Christine Bakker and published by Bloomsbury Publishing. This book was released on 2012-02-10 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.
Book Synopsis White Collar Crime by : Katalin Ligeti
Download or read book White Collar Crime written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions. The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors explore those challenging issues regarding the field of economic and financial crime, including the Senior Managers Regime, corporate criminal liability, and whistle-blowers' protection. Timely and pertinent, this is an important new work in a fast-moving field.
Book Synopsis Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 5 (2000) by : International Tribunal for the Law of th
Download or read book Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 5 (2000) written by International Tribunal for the Law of th and published by BRILL. This book was released on 2006-09-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The “Camouco” Cases (Panama v. France), Prompt Release. The documents are reproduced in their original language. The Tribunal delivered its Judgment on 7 February 2000. It is published in Reports of Judgments, Advisory Opinions and Orders 2000 (ITLOS Reports 2000). Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer. Le présent volume contient le texte des pièces de procédures écrite, des procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure dans l’Affaire du « Camouco » (Panama c. France), prompte mainlevée. Les documents sont reproduits dans la langue originale utilisée. Le Tribunal a rendu son arrêt le 7 février 2000. L’arrêt est publié dans Recueil des arrêts, avis consultatifs et ordonnances 2000 (TIDM Recueil 2000).
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028607026 Total Pages :878 pages Book Rating :4.6/5 (7 download)
Book Synopsis Recueil Des Cours, Collected Courses 1930 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1930 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé by : Karen B. Brown
Download or read book General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé written by Karen B. Brown and published by Springer Science & Business Media. This book was released on 2011-12-29 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.
Book Synopsis Privatizing War by : Lindsey Cameron
Download or read book Privatizing War written by Lindsey Cameron and published by Cambridge University Press. This book was released on 2013-03-07 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.
Book Synopsis Waseda Proceedings of Comparative Law by :
Download or read book Waseda Proceedings of Comparative Law written by and published by . This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Taylor & Francis. This book was released on 2023-10-30 with total page 263 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 International Criminal Court. This 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.
