The International Law of Responsibility for Economic Crimes

The International Law of Responsibility for Economic Crimes

Author: Ndiva Kofele-Kale

Publisher: Routledge

Published: 2016-03-03

Total Pages: 424

ISBN-13: 1317027221

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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.


Book Synopsis The International Law of Responsibility for Economic Crimes by : Ndiva Kofele-Kale

Download or read book The International Law of Responsibility for Economic Crimes written by Ndiva Kofele-Kale and published by Routledge. This book was released on 2016-03-03 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The International Criminal Responsibility of War's Funders and Profiteers

The International Criminal Responsibility of War's Funders and Profiteers

Author: Nina H. B. Jørgensen

Publisher: Cambridge University Press

Published: 2020-09-17

Total Pages: 571

ISBN-13: 1108651208

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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.


Book Synopsis The International Criminal Responsibility of War's Funders and Profiteers by : Nina H. B. Jørgensen

Download or read book The International Criminal Responsibility of War's Funders and Profiteers written by Nina H. B. Jørgensen and published by Cambridge University Press. This book was released on 2020-09-17 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Duality of Responsibility in International Law

Duality of Responsibility in International Law

Author: Thomas Weatherall

Publisher: BRILL

Published: 2022-03-16

Total Pages: 401

ISBN-13: 9004505377

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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.


Book Synopsis Duality of Responsibility in International Law by : Thomas Weatherall

Download or read book Duality of Responsibility in International Law written by Thomas Weatherall and published by BRILL. This book was released on 2022-03-16 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Economic Foundations of International Law

Economic Foundations of International Law

Author: Eric Posner

Publisher: Harvard University Press

Published: 2013-01-01

Total Pages: 385

ISBN-13: 0674071522

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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.


Book Synopsis Economic Foundations of International Law by : Eric Posner

Download or read book Economic Foundations of International Law written by Eric Posner and published by Harvard University Press. This book was released on 2013-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The Responsibility to Protect in International Law

The Responsibility to Protect in International Law

Author: Susan Breau

Publisher: Routledge

Published: 2016-03-02

Total Pages: 306

ISBN-13: 1317569601

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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.


Book Synopsis The Responsibility to Protect in International Law by : Susan Breau

Download or read book The Responsibility to Protect in International Law written by Susan Breau and published by Routledge. This book was released on 2016-03-02 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Individual Criminal Responsibility in International Law

Individual Criminal Responsibility in International Law

Author: E. van Sliedregt

Publisher: Oxford University Press

Published: 2012-03

Total Pages: 370

ISBN-13: 0199560366

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Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.


Book Synopsis Individual Criminal Responsibility in International Law by : E. van Sliedregt

Download or read book Individual Criminal Responsibility in International Law written by E. van Sliedregt and published by Oxford University Press. This book was released on 2012-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.


Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

Author: Laura Ausserladscheider Jonas

Publisher: BRILL

Published: 2021-12-28

Total Pages: 256

ISBN-13: 900447093X

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Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.


Book Synopsis Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by : Laura Ausserladscheider Jonas

Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.


The Law of International Responsibility

The Law of International Responsibility

Author: James Crawford

Publisher: Oxford University Press

Published: 2010-05-20

Total Pages: 1364

ISBN-13: 0199296979

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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.


Book Synopsis The Law of International Responsibility by : James Crawford

Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.


The Relationship Between State and Individual Responsibility for International Crimes

The Relationship Between State and Individual Responsibility for International Crimes

Author: Béatrice I. Bonafè

Publisher: BRILL

Published: 2009

Total Pages: 297

ISBN-13: 9004173315

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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.


Book Synopsis The Relationship Between State and Individual Responsibility for International Crimes by : Béatrice I. Bonafè

Download or read book The Relationship Between State and Individual Responsibility for International Crimes written by Béatrice I. Bonafè and published by BRILL. This book was released on 2009 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The Role of International Law in the Prevention and Punishment of Economic Crimes with Particular Reference to the Crime of Indigenous Spoilation

The Role of International Law in the Prevention and Punishment of Economic Crimes with Particular Reference to the Crime of Indigenous Spoilation

Author: Ndiva Kofele-Kale

Publisher: Springer

Published: 1995-09-27

Total Pages: 404

ISBN-13:

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A. The Case Law


Book Synopsis The Role of International Law in the Prevention and Punishment of Economic Crimes with Particular Reference to the Crime of Indigenous Spoilation by : Ndiva Kofele-Kale

Download or read book The Role of International Law in the Prevention and Punishment of Economic Crimes with Particular Reference to the Crime of Indigenous Spoilation written by Ndiva Kofele-Kale and published by Springer. This book was released on 1995-09-27 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: A. The Case Law