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.

Strategic Litigation and Corporate Complicity in Crimes Under International Criminal Law

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Publisher :
ISBN 13 : 9781003405047
Total Pages : 0 pages
Book Rating : 4.4/5 (5 download)

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

Download or read book Strategic Litigation and Corporate Complicity in Crimes Under International Criminal Law written by Kalika Mehta and published by . This book was released on 2023 with total page 0 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"--

Complicity in International Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 019105674X
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Complicity in International Law by : Miles Jackson

Download or read book Complicity in International Law written by Miles Jackson and published by OUP Oxford. This book was released on 2015-03-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

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.

Transitional Justice and Corporate Accountability from Below

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Publisher : Cambridge University Press
ISBN 13 : 1108474136
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Transitional Justice and Corporate Accountability from Below by : Leigh A. Payne

Download or read book Transitional Justice and Corporate Accountability from Below written by Leigh A. Payne and published by Cambridge University Press. This book was released on 2020-04-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.

Strategic Litigation Impacts: Insights from Global Experience

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Publisher :
ISBN 13 : 9781940983844
Total Pages : pages
Book Rating : 4.9/5 (838 download)

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Book Synopsis Strategic Litigation Impacts: Insights from Global Experience by : open society justice initiative

Download or read book Strategic Litigation Impacts: Insights from Global Experience written by open society justice initiative and published by . This book was released on 2018-10-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical look at human rights litigation

The Law and Practice of the International Criminal Court

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Publisher : Oxford University Press, USA
ISBN 13 : 0198705166
Total Pages : 1441 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

Decolonizing Law

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Publisher : Routledge
ISBN 13 : 100039655X
Total Pages : 271 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Decolonizing Law by : Sujith Xavier

Download or read book Decolonizing Law written by Sujith Xavier and published by Routledge. This book was released on 2021-05-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

In Defense of Public Debt

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Publisher : Oxford University Press
ISBN 13 : 0197577911
Total Pages : 321 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis In Defense of Public Debt by : Barry Eichengreen

Download or read book In Defense of Public Debt written by Barry Eichengreen and published by Oxford University Press. This book was released on 2021-08-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dive into the origins, management, and uses and misuses of sovereign debt through the ages. Public debts have exploded to levels unprecedented in modern history as governments responded to the Covid-19 pandemic and ensuing economic crisis. Their dramatic rise has prompted apocalyptic warnings about the dangers of heavy debtsabout the drag they will place on economic growth and the burden they represent for future generations. In Defense of Public Debt offers a sharp rejoinder to this view, marshaling the entire history of state-issued public debt to demonstrate its usefulness. Authors Barry Eichengreen, Asmaa El-Ganainy, Rui Esteves, and Kris James Mitchener argue that the ability of governments to issue debt has played a critical role in addressing emergenciesfrom wars and pandemics to economic and financial crises, as well as in funding essential public goods and services such as transportation, education, and healthcare. In these ways, the capacity to issue debt has been integral to state building and state survival. Transactions in public debt securities have also contributed to the development of private financial markets and, through this channel, to modern economic growth. None of this is to deny that debt problems, debt crises, and debt defaults occur. But these dramatic events, which attract much attention, are not the entire story. In Defense of Public Debt redresses the balance. The authors develop their arguments historically, recounting two millennia of public debt experience. They deploy a comprehensive database to identify the factors behind rising public debts and the circumstances under which high debts are successfully stabilized and brought down. Finally, they bring the story up to date, describing the role of public debt in managing the Covid-19 pandemic and recession, suggesting a way forward once governmentsnow more heavily indebted than beforefinally emerge from the crisis.

Success Without Victory

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Publisher : NYU Press
ISBN 13 : 0814751911
Total Pages : 331 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Success Without Victory by : Jules Lobel

Download or read book Success Without Victory written by Jules Lobel and published by NYU Press. This book was released on 2006-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how some legal issues are losing cases - but that's okay because advances are still possible.

The Concept of Universal Crimes in International Law

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081333
Total Pages : 361 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis The Concept of Universal Crimes in International Law by : Terje Einarsen

Download or read book The Concept of Universal Crimes in International Law written by Terje Einarsen and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-08-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

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.

Modern Bribery Law

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Publisher : Cambridge University Press
ISBN 13 : 110735496X
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Modern Bribery Law by : Jeremy Horder

Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Corporate Accountability in the Context of Transitional Justice

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Publisher : Routledge
ISBN 13 : 1317577485
Total Pages : 260 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 260 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.

The Oxford Handbook of Criminal Law

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Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1100 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

A Critical Introduction to International Criminal Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108423205
Total Pages : 467 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Critical Introduction to International Criminal Law by : Carsten Stahn

Download or read book A Critical Introduction to International Criminal Law written by Carsten Stahn and published by Cambridge University Press. This book was released on 2019 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.

Doing Justice to History

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Publisher : Oxford University Press, USA
ISBN 13 : 0198846878
Total Pages : 385 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Doing Justice to History by : Barrie Sander

Download or read book Doing Justice to History written by Barrie Sander and published by Oxford University Press, USA. This book was released on 2021-03-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.