Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law
Author: Kyriakakis, Joanna
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2021-12-09
Genre: Law
ISBN: 0857939505

Download Corporations, Accountability and International Criminal Law Book in PDF, Epub and Kindle

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.

Strategic Litigation and Corporate Complicity in Crimes Under International Law

Strategic Litigation and Corporate Complicity in Crimes Under International Law
Author: Kalika Mehta
Publisher: Taylor & Francis
Total Pages: 207
Release: 2023-10-09
Genre: Law
ISBN: 1000969932

Download Strategic Litigation and Corporate Complicity in Crimes Under International Law Book in PDF, Epub and Kindle

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.

Accountability, International Business Operations and the Law

Accountability, International Business Operations and the Law
Author: Liesbeth Enneking
Publisher: Routledge
Total Pages: 299
Release: 2019-12-05
Genre: Law
ISBN: 1351127144

Download Accountability, International Business Operations and the Law Book in PDF, Epub and Kindle

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.

Corporate Liability and International Criminal Law

Corporate Liability and International Criminal Law
Author: Alessandra De Tommaso
Publisher:
Total Pages: 0
Release: 2023
Genre: Criminal liability (International law)
ISBN: 9781032487427

Download Corporate Liability and International Criminal Law Book in PDF, Epub and Kindle

"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"--

Towards Corporate Liability in International Criminal Law

Towards Corporate Liability in International Criminal Law
Author: Desislava Stoitchkova
Publisher:
Total Pages: 260
Release: 2010
Genre: Business & Economics
ISBN:

Download Towards Corporate Liability in International Criminal Law Book in PDF, Epub and Kindle

Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.

International Corporate Legal Responsibility

International Corporate Legal Responsibility
Author: Stephen Tully
Publisher: Kluwer Law International B.V.
Total Pages: 600
Release: 2012-01-06
Genre: Law
ISBN: 9041141898

Download International Corporate Legal Responsibility Book in PDF, Epub and Kindle

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.

Atrocity, Commerce and Accountability

Atrocity, Commerce and Accountability
Author:
Publisher:
Total Pages:
Release: 2013
Genre:
ISBN:

Download Atrocity, Commerce and Accountability Book in PDF, Epub and Kindle

In recent decades, the prospect of holding corporations and their representatives responsible for international crimes has emerged as an important component of a number of interlinked fields. While these ideas have become widely acknowledged, the scope of the relationship between commerce and international criminal justice has remained poorly understood among theorists and seldom implemented in practice. In large part, both these phenomena result from a lack of familiarity with the diverse fields one must traverse in order to speak with any degree of confidence about the role of international criminal justice as a means of regulating globalized markets. In what follows, I introduce how my work for the JSD has explored three different but necessary areas of law that underpin these analyses. Specifically, this final essay provides a narrative of how this work emerged for me, the normative hypotheses that have informed my JSD, and the three core projects I have undertaken in international criminal law, the theory of complicity, and corporate criminal liability to move this agenda forward.

Accountability and Corporate Human Rights Violations in Tort and International Law

Accountability and Corporate Human Rights Violations in Tort and International Law
Author: Emmanuel K. Nartey
Publisher: Cambridge Scholars Publishing
Total Pages: 480
Release: 2021-10-04
Genre: Law
ISBN: 1527575756

Download Accountability and Corporate Human Rights Violations in Tort and International Law Book in PDF, Epub and Kindle

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.

Moral Accountability and International Criminal Law

Moral Accountability and International Criminal Law
Author: Kirsten Fisher
Publisher: Routledge
Total Pages: 222
Release: 2013-03
Genre: Law
ISBN: 1136633332

Download Moral Accountability and International Criminal Law Book in PDF, Epub and Kindle

"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"--

Crimes of Business in International Law

Crimes of Business in International Law
Author: Thomas M. Schmidt
Publisher: Nomos Verlag
Total Pages: 401
Release: 2015-12-31
Genre: Law
ISBN: 3845271574

Download Crimes of Business in International Law Book in PDF, Epub and Kindle

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.