the international law of responsibility for economic crimes holding state officials individually liable for acts of fraudulent enrichment

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The International Law Of Responsibility For Economic Crimes

Author : Ndiva Kofele-Kale
ISBN : 9781409496090
Genre : Law
File Size : 39. 94 MB
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The problem of indigenous spoliation in developing countries is thoroughly explored in this second edition of The International Law of Responsibility for Economic Crimes. Substantially revised and updated to take account of recent legal and political developments, a case for indigenous spoliation as a violation of international law is persuasively made.

Confronting The Shadow State

Author : Henri Decoeur
ISBN : 9780192557209
Genre : Law
File Size : 37. 51 MB
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This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable. Providing the first comprehensive analysis, from the perspective of international law, of a phenomenon so far mainly studied by criminologists, this study would appeal to researchers, social activists, and policy makers alike.

The Position Of Heads Of State And Senior Officials In International Law

Author : Joanne Foakes
ISBN : 9780191632167
Genre : Law
File Size : 23. 9 MB
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The legal position in international law of heads of states and other senior state representatives is at the heart of the conflict thrown up by recent changes in the international legal order. The establishment of the International Criminal Court and the ad hoc criminal tribunals reflects a growing belief that heads of states and other senior state representatives should be held accountable for serious violations of international law. It is now questioned whether foreign states and their officials still have immunity from proceedings concerning grave human rights abuses in national courts. This book provides a comprehensive treatment of this key issue, covering both civil and criminal proceedings before domestic courts and the position before international courts and tribunals. The positions of both serving and former heads of states are examined and, where appropriate, so is that of their family members. The wide variety of constitutional forms and titles enjoyed by heads of states and senior state representatives is considered and their internationally relevant powers and functions outlined. The implications of recognition or lack of it are assessed, together with the practical and legal consequences of loss of office and/or exile in a foreign state. In examining the position of heads of state and other senior representatives in foreign states, attention is given to the question of immunities before the local courts, and to other privileges, protections, and courtesies to which they may be entitled. The book draws a distinction between the personal immunity (ratione personae) enjoyed by heads of states which derive from their status or office, and the official act immunity (ratione materiae) enjoyed by all state officials. It closely examines the relationship between state immunity as it has developed under the restrictive doctrine and the immunities to which individuals are entitled. Careful consideration is given to separate regimes of international immunities such as special missions.This systematic analysis of the legal position of heads of states takes into account the history of the subject, relevant state practice (judicial and legislative), the impact of relevant international treaties, and international judicial or arbitral decisions on the matter.

The International Law Of Responsibility For Economic Crimes

Author : Ndiva Kofele-Kale
ISBN : 9781317027218
Genre : Law
File Size : 69. 82 MB
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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.

Nafta Law And Business Review Of The Americas

Author :
ISBN : UCSD:31822023322498
Genre : Commercial law
File Size : 66. 47 MB
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Criminal Responsibility Of Legal And Collective Entities

Author : Albin Eser
ISBN : 3861139421
Genre : Corporation law
File Size : 89. 44 MB
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Financial Crime In China

Author : Hongming Cheng
ISBN : 9781137571069
Genre : Social Science
File Size : 41. 80 MB
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Given China's rapid development, many observers assert that world economic growth and key economic indicators are now depending on the country alone, including the prospects of the dollar, the Euro, oil prices, industrial commodities, global equity markets and bond prices. On the other hand, China faces a number of major social and economic challenges which could undermine future growth, such as prevalent corruption, financial crime, and the relative lack of the rule of law. Financial Crime in China builds upon original research into the topic and offers a never-before-seen look at the systemic spread of state-controlled corruption in the form of bank fraud, securities fraud, insider trading, and Ponzi schemes. Cheng presents an authentic picture of financial crime in China by identifying the latest manifestations, analyzing empirical data and case studies, and drawing conclusions about the origin, characteristics, dynamics, and developmental features of financial criminality in the context of political economy.

International Liability Of Corporate Directors 2007 Ii

Author : Christian Campbell
ISBN : 9781435702295
Genre : Law
File Size : 86. 42 MB
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"International Liability of Corporate Directors", Volume II, 2007 edition, with nearly 750 pages in two volumes, examines the law applicable to company directors and the means available to minimize the risks of claims against them. The publication surveys 20 jurisdictions in Australasia, Europe, and North America. Purchase Volume I to complete the set. Purchase of print version includes CD version and 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

The Other Crisis

Author : James D. Wolfensohn
ISBN : STANFORD:36105073314655
Genre : Business & Economics
File Size : 29. 90 MB
Format : PDF
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Identity Theft Handbook

Author : Martin T. Biegelman
ISBN : 0470444819
Genre : Business & Economics
File Size : 66. 12 MB
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Not a week goes by when identity theft isn t mentioned in the media or that a Congressional outcry isn t heard about this unrelenting crime. The first authoritative book on identity theft, Identity Theft Handbook is written by a career professional who has spent over 25 years investigating and preventing identity theft in both the public and private sectors. Its rich real-world content includes interviews with government and private sector thought leaders. As well, the costs of identity theft, future trends, and prevention guidance is discussed. For investigators, auditors, and managers.

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