Strategic Litigation And Corporate Complicity In Crimes Under International Law PDF Download
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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.
Author | : International Commission of Jurists |
Publisher | : |
Total Pages | : |
Release | : 2008 |
Genre | : |
ISBN | : 9789290371328 |
Download Corporate Complicity and Legal Acountability Book in PDF, ePub and Kindle
Author | : International Commission of Jurists (1952- ). Expert Legal Panel on Corporate Complicity in International Crimes |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Criminal jurisdiction |
ISBN | : |
Download Corporate Complicity & Legal Accountability Book in PDF, ePub and Kindle
Author | : Miles Jackson |
Publisher | : OUP Oxford |
Total Pages | : 273 |
Release | : 2015-03-12 |
Genre | : Law |
ISBN | : 019105674X |
Download Complicity in International Law Book in PDF, ePub and Kindle
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.
Author | : Michael J. Kelly |
Publisher | : Oxford University Press |
Total Pages | : 281 |
Release | : 2016-02-17 |
Genre | : Law |
ISBN | : 0190238925 |
Download Prosecuting Corporations for Genocide Book in PDF, ePub and Kindle
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.
Author | : Corporate Complicity and Legal Accountability |
Publisher | : |
Total Pages | : |
Release | : 2008 |
Genre | : |
ISBN | : |
Download Report of the International Commission of Jurists Expert Legal Panel on Corporate Complicity in International Crimes Book in PDF, ePub and Kindle
Author | : International Commission of Jurists (1952- ). Expert Legal Panel on Corporate Complicity in International Crimes |
Publisher | : |
Total Pages | : |
Release | : 2008 |
Genre | : Criminal jurisdiction |
ISBN | : |
Download Corporate Complicity & Legal Accountability Book in PDF, ePub and Kindle
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.
Author | : Andrew Clapham |
Publisher | : |
Total Pages | : 28 |
Release | : 2009 |
Genre | : |
ISBN | : |
Download Extending International Criminal Law Beyond the Individual to Corporations and Armed Opposition Groups Book in PDF, ePub and Kindle
This article argues that corporations and armed opposition groups have obligations under international law. It is suggested that the scope of the obligations turns on the capacity of the entities in question. While there may be no international court to hear complaints against such entities, understanding their legal obligations under international law is important in situations where national courts have jurisdiction over violations of international law committed by non-state actors. Furthermore, it is vital to realizing the potential of claims of corporate complicity in international crimes and the impact such claims may have in the field of ethical investment.
Author | : DIMITRIS. LIAKOPOULOS |
Publisher | : |
Total Pages | : |
Release | : 2020-06 |
Genre | : |
ISBN | : 9781680531367 |
Download Complicity in International Law Book in PDF, ePub and Kindle
Complicity in International Law aims to analyze questions arising from a state's complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in turn commits an offense if it is aware of the main fact and is bound by the same obligation.International law offers adumbrates the outcome of a codification process undertaken by the International Law Commission. The practice and its consequences, and the reflections of the doctrine, have matured with regard to the original hypothesis. Several cases of participation in the unlawful conduct of others, for example in facilitating the illicit use of the armed force, or of financial support to states responsible for human rights violations, have been recorded since the period immediately following World War II.International doctrine has long shown great interest in the theme of competition of several subjects in an international illicit act. This is a new phenomenon, given that until recently the issue had been the subject of in-depth analysis in a small number of works, few of which have been monographic in nature. Complicity in International Law will address the issue comprehensively.