Strategic Litigation and Corporate Complicity in Crimes Under International Law PDF Download
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Author: Kalika Mehta
Publisher: Taylor & Francis
ISBN: 1000969932
Category : Law
Languages : en
Pages : 207
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Book Description
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: Kalika Mehta
Publisher: Taylor & Francis
ISBN: 1000969932
Category : Law
Languages : en
Pages : 207
Get Book
Book Description
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: Kalika Mehta
Publisher:
ISBN: 9781032520650
Category :
Languages : en
Pages : 0
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Book Description
"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 (1952- ). Expert Legal Panel on Corporate Complicity in International Crimes
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 0
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Book Description
Author: Miles Jackson
Publisher: OUP Oxford
ISBN: 019105674X
Category : Law
Languages : en
Pages : 272
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Book Description
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: Kyriakakis, Joanna
Publisher: Edward Elgar Publishing
ISBN: 0857939505
Category : Law
Languages : en
Pages : 320
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Book Description
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: Alessandra De Tommaso
Publisher:
ISBN: 9781032487427
Category : Criminal liability (International law)
Languages : en
Pages : 0
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Book Description
"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"--
Author: Leigh A. Payne
Publisher: Cambridge University Press
ISBN: 1108474136
Category : Law
Languages : en
Pages : 395
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Book Description
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
Author: Claire Boyles
Publisher: W. W. Norton & Company
ISBN: 039353183X
Category : Fiction
Languages : en
Pages : 196
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Book Description
Finalist for the 2022 Reading the West Debut Fiction Award Finalist for the 2022 Colorado Book Award for Literary Fiction Longlisted for the 2022 PEN/Robert W. Bingham Prize for Debut Short Story Collection Set in the western sagebrush steppe, Site Fidelity is a vivid, intimate, and deeply human exploration of life on the shifting terrain of our changing planet. Firmly rooted in the modern American West, Site Fidelity follows women and families who feel the instinctual, inexplicable pull of a home they must work to protect from the effects of economic inequity and climate catastrophe. A seventy-four-year-old nun turns to eco-sabotage to stop a fracking project. A woman delivers her own baby in a Nevada ghost town. A young farmer hides her chicken flock from the government during a bird flu epidemic. An ornithologist returns home to care for her rancher father and gets caught up trying to protect a breeding group of endangered Gunnison sage grouse. In lean, lyrical prose, Claire Boyles evokes the bleakness and beauty of our threatened western landscapes. Spanning the decades from the 1970s to a plausible near future, this knockout debut introduces unforgettable characters who must confront the challenges of caregiving and loss alongside the very practical impacts of fracking, water rights law, and other agricultural policies. Site Fidelity is a vivid, intimate, and deeply human exploration of life on the shifting terrain of our changing planet.
Author: Sujith Xavier
Publisher: Routledge
ISBN: 100039655X
Category : Law
Languages : en
Pages : 271
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Book Description
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.
Author: Carsten Stahn
Publisher: Oxford University Press, USA
ISBN: 0198705166
Category : Law
Languages : en
Pages : 1441
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Book Description
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.
