Prosecuting Serious Economic Crimes as International Crimes PDF Download
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Author: Sunčana Roksandić Vidlička
Publisher:
ISBN: 9789532701005
Category :
Languages : en
Pages : 529
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Book Description
Author: Sunčana Roksandić Vidlička
Publisher:
ISBN: 9789532701005
Category :
Languages : en
Pages : 529
Get Book Here
Book Description
Author: Suncana Roksandic Vidlicka
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
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Book Description
Serious economic crimes and violations of economic, social and cultural rights have often been neglected in criminal proceedings and/or reports of truth commissions following economic transitions or armed conflict. Although economic crimes have often resulted in a substantial loss of profit to economies and societies at large, they have neither been widely nor effectively prosecuted. Central- European and the Balkan region are not exception to this rule. However, as argued in the article, from Nuremberg on, there have been attempts and successful examples of prosecuting war profiteering cases. Even quite recently, the International Criminal Court's prosecutor called for such a prosecution to be conducted before the ICC. The study focuses on criminal responsibility for severe economic offences committed in transitional periods, as well as on establishing serious economic criminal offences as crimes under international law. it explores legal and social preconditions under which serious economic offences may be characterized as crimes under international criminal law.
Author: Bartłomiej Krzan
Publisher: BRILL
ISBN: 900432366X
Category : Law
Languages : en
Pages : 325
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Book Description
The volume edited by Bartłomiej Krzan offers different perspectives on the prosecution of international crimes. The analyses contained therein reflect different backgrounds, mainly legal, combining several disciplines, and making it a multidisciplinary study. The main (but definitely not the exclusive) point of reference is that of international law. In addition, other perspectives, those of legal history or sociology of law and obviously the one of criminal law (both substantive and procedural) provide useful alternatives or in most occasions complementary approaches to the examination of the prosecution of international crimes. The book combines different views, backgrounds and underlying assumptions. But gathered together they, it is to be hoped, shed some additional, useful light that might be helpful for identifying new dimensions of the reaction (judicial or other) towards international crimes. Contributors: Władysław Czapliński, Patrycja Grzebyk, Witold Jakimko, Wojciech Jasiński, David Kohout, Karolina Kremens, Bartłomiej Krzan, Krzysztof Masło, Neringa Mickevičiūtė, Robert Uerpmann-Wittzack, Regina Valutyté, Karolina Wierczyńska, Joachim Wolf, Loammi Wolf, and Justinas Žilinskas.
Author: Robert Cryer
Publisher: Cambridge University Press
ISBN: 1139443690
Category : Law
Languages : en
Pages : 393
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Book Description
This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
Author: Ivan Yurevich Belyaev
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The article deals with the problem of qualifying economic crimes from the point of view of international criminal law in the conditions of the information society. The relevance of the study is determined by two points: 1) In connection with the pandemic of a new coronavirus infection, the economic activity of people and organizations has significantly moved to the digital plane; 2) Economic crimes began to have a transnational character and began to affect the public order of many states. The subject of the study is the problem of qualification of crimes in these conditions on the example of Russian law. The author also considers the problem of interaction between a number of international states in the field of combating transnational economic crime. A hypothesis is put forward and substantiated that economic crimes in the context of international criminal law require a specialized approach throughout the entire period of criminal prosecution.
Author: Ndiva Kofele-Kale
Publisher: Routledge
ISBN: 1317027221
Category : Law
Languages : en
Pages : 424
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Book Description
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: Ndiva Kofele-Kale
Publisher: Routledge
ISBN: 1136594426
Category : Law
Languages : en
Pages : 260
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Book Description
In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.
Author: Evelyne Schmid
Publisher: Cambridge University Press
ISBN: 9781107696556
Category : Law
Languages : en
Pages : 0
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Book Description
Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.
Author: Christopher Soler
Publisher: Springer Nature
ISBN: 9462653356
Category : Law
Languages : en
Pages : 695
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Book Description
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Author: Evelyne Schmid
Publisher:
ISBN: 9781316329467
Category : Crimes against humanity
Languages : en
Pages :
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Book Description
"Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes"--
