The International Law Of Responsibility For Economic Crimes PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The International Law Of Responsibility For Economic Crimes PDF full book. Access full book title The International Law Of Responsibility For Economic Crimes.
| Author | : Ndiva Kofele-Kale |
| Publisher | : Routledge |
| Total Pages | : 424 |
| Release | : 2016-03-03 |
| Genre | : Law |
| ISBN | : 1317027221 |
Download The International Law of Responsibility for Economic Crimes Book in PDF, ePub and Kindle
Focusing on the problem of indigenous spoliation in developing countries, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians. Due to constraints of the state system and the lack of appropriate substantive municipal law, efforts to punish those responsible for the economic rape of entire nations and to recover spoliated funds have been frustrated and rendered insubstantial. Taking a multidisciplinary approach and on the basis of data generated from empirical, cross-national research, this study makes the case for indigenous spoliation as a violation of international law. Substantially revised and updated to take account of recent legal and political developments, the second edition will be a valuable resource for academics, practitioners, NGOs, and policymakers.
| Author | : Eric Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 385 |
| Release | : 2013-01-01 |
| Genre | : Law |
| ISBN | : 0674071522 |
Download Economic Foundations of International Law Book in PDF, ePub and Kindle
The ever-increasing exchange of goods and ideas among nations, as well as cross-border pollution, global warming, and international crime, pose urgent questions for international law. Here, two respected scholars provide an intellectual framework for assessing these pressing legal problems from a rational choice perspective. The approach assumes that states are rational, forward-looking agents which use international law to address the actions of other states that may have consequences for their own citizens, and to obtain the benefits of international cooperation. It further assumes that in the absence of a central enforcement agency—that is, a world government—international law must be self-enforcing. States must believe that if they violate international agreements, other states will retaliate. Consequently, Eric A. Posner and Alan O. Sykes devote considerable attention to the challenges of enforcing international law, which begin with the difficulties of determining what it is. In the absence of an international constitution, the sources for international law are vague. Lawyers must rely on statements contained in all manner of official documents and on simple observation of states’ behavior. This looseness leads international institutions such as the United Nations to deliver conflicting interpretations of the law’s most basic principles. The authors describe the conditions under which international law succeeds or fails, across a wide range of issues, including war crimes, human rights, international criminal law, principles of state responsibility, law of the sea, international trade regulation, and international investment law.
| Author | : Susan Breau |
| Publisher | : Routledge |
| Total Pages | : 350 |
| Release | : 2016-03-02 |
| Genre | : Law |
| ISBN | : 1317569598 |
Download The Responsibility to Protect in International Law Book in PDF, ePub and Kindle
This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.
| Author | : Thomas Weatherall |
| Publisher | : BRILL |
| Total Pages | : 401 |
| Release | : 2022-03-16 |
| Genre | : Law |
| ISBN | : 9004505377 |
Download Duality of Responsibility in International Law Book in PDF, ePub and Kindle
This book explores consequences arising in the field of State responsibility in relation to those arising for the individual in international criminal law, a relationship that broadly defines duality of responsibility in international law.
| Author | : Yarik Kryvoi |
| Publisher | : |
| Total Pages | : 23 |
| Release | : 2019 |
| Genre | : |
| ISBN | : |
Download Economic Crimes in International Investment Law Book in PDF, ePub and Kindle
The protection of foreign investment by treaties often clashes with the State's sovereign right to investigate economic crimes committed by investors. This article examines the different approaches taken by tribunals to questions concerning admissibility and jurisdiction, applicable law, the standard of review, the burden and standard of proof and deference to actions taken by domestic courts and regulators related to economic crimes. It concludes that investors should not automatically be deprived of treaty protections and their access to investment arbitration blocked. The arbitration agreement, being autonomous from the main contract (or the relevant treaty), should, as a rule, remain valid even if the conduct of investors is tainted by economic crimes. The article calls on investment tribunals to reflect in their awards on the contributory fault of the parties when representatives of States and investors are both complicit in economic crimes. Domestic criminal proceedings may adversely affect arbitral proceedings, in particular by complicating the availability of evidence and witnesses. The practical enforcement of provisional measures in relation to economic crimes, much like any kind of provisional measure, faces its own difficulties. Despite this, tribunals may factor non-compliance with these measures into the calculation of damages.It appears that investment tribunals should pay more attention to the principle of contributory fault when representatives of both the State and the investor are complicit in an economic crime. For example, bribery usually entails misconduct of both parties--one party making an illicit payment and the other accepting it. Penalizing only the investor by rejecting its claims or only the State would seem unfair and contradict generally accepted principles of international law, such as those reflected in the ILC Articles on State Responsibility.To achieve greater legal certainty and procedural efficiency, a new generation of investment treaties and the practice of investment tribunals should draw on not only applicable domestic law but also existing sources of international law concerning economic crimes or national best practice.
| Author | : Béatrice I. Bonafè |
| Publisher | : BRILL |
| Total Pages | : 297 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9004173315 |
Download The Relationship Between State and Individual Responsibility for International Crimes Book in PDF, ePub and Kindle
This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
| Author | : |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 276 |
| Release | : 2002-11-26 |
| Genre | : Law |
| ISBN | : 9789041118639 |
Download Economic Sanctions in International Law Book in PDF, ePub and Kindle
The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 2000 was Economic Sanctions in International Law. The contents of this volume include: - Bilan de recherches de la section de langue francaise du Centre d'etude et de recherche de l'Academie, par L.-A. Silianos, professeur a l'Universite d'Athenes. - The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Mrs. L. Picchio Forlati, Professor of the University of Venice. - Annex. List of Participants and Subjects Treated. - The Centre for Studies and Research in International Law and International Relations of The Hague Academy of International Law.
| Author | : Ndiva Kofele-Kale |
| Publisher | : Springer |
| Total Pages | : 404 |
| Release | : 1995-09-27 |
| Genre | : Biography & Autobiography |
| ISBN | : |
Download The Role of International Law in the Prevention and Punishment of Economic Crimes with Particular Reference to the Crime of Indigenous Spoilation Book in PDF, ePub and Kindle
A. The Case Law
| Author | : Nina H. B. Jørgensen |
| Publisher | : Cambridge University Press |
| Total Pages | : 571 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1108651208 |
Download The International Criminal Responsibility of War's Funders and Profiteers Book in PDF, ePub and Kindle
This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
| 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.
