Download or read book Complicity and its Limits in the Law of International Responsibility written by Vladyslav Lanovoy and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!

Download or read book Complicity in Fin de si cle Literature written by Helen Craske and published by Oxford University Press. This book was released on 2024-07-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complicity in Fin-de-siècle Literature examines late-nineteenth century French understandings of literature as a morally collusive medium, which implicates readers, writers, and critics in risqué or illicit ideas and behaviour. It considers definitions of complicity from the period's evolving legal statutes, critical debates about literary 'bad influence', and modern theories of reader response, in order to achieve a deeper understanding of how cultural production of the period forged relationships of implication and collusion. While focusing on fin-de-siècle French culture, the book's theoretical discussions provide a new terminology and conceptual framework through which to analyse literary influence and reception, applicable to different historical periods and national settings. Interdisciplinary in nature, the study draws on methods associated with close reading, literary history, law and literature studies, cultural studies, and sociology of literature. Each of the book's chapters highlights how particular literary themes or techniques encouraged readers' identification with transgression and facilitated alternative forms of solidarity. The analysis draws on a range of case studies from different media forms, including: Naturalist, Decadent, and psychological novels, biographically revealing fiction ('romans à clefs'), little magazines ('petites revues'), and saucy magazines ('revues légères'). Texts written by well-known literary figures--such as Émile Zola, Octave Mirbeau, and Rachilde--appear alongside previously overlooked periodical and archival sources. The book's varied corpus reveals the widespread appeal of risqué topics and illicit solidarity across the literary spectrum.

Download or read book Memory and Complicity written by Debarati Sanyal and published by Fordham University Press. This book was released on 2015-03-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since World War II, French and Francophone literature and film have repeatedly sought not to singularize the Holocaust as the paradigm of historical trauma but rather to connect its memory with other memories of violence, namely that of colonialism. These works produced what Debarati Sanyal calls a “memory-in-complicity” attuned to the gray zones that implicate different regimes of violence across history as well as those of different subject positions such as victim, perpetrator, witness, and reader/spectator. Examining a range of works from Albert Camus, Primo Levi, Alain Resnais, and Jean-Paul Sartre to Jonathan Littell, Assia Djebar, Giorgio Agamben, and Boualem Sansal, Memory and Complicity develops an inquiry into the political force and ethical dangers of such implications, contrasting them with contemporary models for thinking about trauma and violence and offering an extended meditation on the role of aesthetic form, especially allegory, within acts of transhistorical remembrance. What are the political benefits and ethical risks of invoking the memory of one history in order to address another? What is the role of complicity in making these connections? How does complicity, rather than affect based discourses of trauma, shame and melancholy, open a critical engagement with the violence of history? What is it about literature and film that have made them such powerful vehicles for this kind of connective memory work? As it offers new readings of some of the most celebrated and controversial novelists, filmmakers, and playwrights from the French-speaking world, Memory and Complicity addresses these questions in order to reframe the way we think about historical memory and its political uses today.

Download or read book Roger Laporte The Orphic Text written by Ian Maclachlan and published by Routledge. This book was released on 2017-12-02 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the first full-length study devoted to Roger Laporte, whose lifelong exploration of the stakes of writing has produced a body of work on the borderline of literature and philosophy. Charting the development of Laporte's writing in relation to the work of Heidegger, Levinas, Blanchot and Derrida, this study offers both a comprehensive reading of Laporte's oeuvre and a new perspective on an important strand of recent thinking about literature. In particular, it is claimed here that the imperfect reflexivity of Laporte's 'Ophic' texts effects a singular opening to reading, and that in doing so it illuminates the ethical dimension of literature which has been the subject of much recent discussion."

Download or read book Complicity and the Law of State Responsibility written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2011-09-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

Download or read book Recueil Des Cours Collected Courses 1939 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Download or read book International Crimes Law and Practice written by Guénaël Mettraux and published by Oxford University Press. This book was released on 2020-05-27 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

Download or read book Strategic Litigation and Corporate Complicity in Crimes Under International Law written by Kalika Mehta and published by Taylor & Francis. This book was released on 2023-10-09 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Environmental Law in Developing Countries written by Marianela Cedeño Bonilla and published by IUCN. This book was released on 2004 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a selection of papers on various legal issues of interest to developing countries which have been prepared by Fellows from InWent who came to Germany between 2002 and 2004 from Africa, Asia, and Latin America to research and write about subjects of their choice at the IUCN Environmental Law Centre.

Download or read book The Autobiography Effect written by Dennis Schep and published by Routledge. This book was released on 2019-07-24 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the advent of post-structuralism, various authors have problematized the modern conception of autobiography by questioning the status of authorship and interrogating the relation between language and reality. Yet even after making autobiography into a theoretical problem, many of these authors ended up writing about themselves. This paradox stands at the center of this wide-ranging study of the form and function of autobiography in the work of authors who have distanced themselves from its modern instantiation. Discussing Roland Barthes, Jacques Derrida, Hélène Cixous and others, this book grapples with the question of what it means to write the self when the self is understood as an effect of writing. Combining close reading, intellectual history and literary theory, The Autobiography Effect traces how precisely its theoretically problematic nature made autobiography into a central scene for the negotiation of philosophical positions and anxieties after structuralism.

Download or read book Lyric Complicity written by Daria Khitrova and published by University of Wisconsin Press. This book was released on 2019-07-16 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many nineteenth-century Russians, poetry was woven into everyday life—in conversation and correspondence, scrapbook albums, and parlor entertainments. Blending close literary analysis with social and cultural history, Daria Khitrova shows how poetry lovers of the period all became nodes in a vast network of literary appreciation and constructed meaning. Poetry during the Golden Age was not a one-way avenue from author to reader. Rather, it was participatory, interactive, and performative. Lyric Complicity helps modern readers recover Russian poetry’s former uses and functions—life situations that moved people to quote or perform a specific passage from a poem or a forgotten occasion that created unforgettable verse.

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.

Download or read book Inventing the Spectator written by Joseph Harris and published by Oxford University Press, USA. This book was released on 2014-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inventing the Spectator reconstructs the theatre spectator's experience as it was understood in France between the Renaissance and the Revolution, raising numerous questions that strike at the very heart of human psychology, cognition, and experience.

Download or read book French Writers and the Politics of Complicity written by Richard J. Golsan and published by JHU Press. This book was released on 2006-02 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the political commitments of three French writers who collaborated with the Vichy Regime and Nazi Germany during World War II, and on those of three leading French intellectuals of the 1990s whose misplaced political idealism led them to support xenophobic, authoritarian regimes and dangerous historical revisionisms, Richard J. Golsan reexamines the notion of political commitment or engagement in two difficult periods in modern French history. Discussing the fiction, essays, and journalism of Henry de Montherlant, Jean Giono, and Alphonse de Châteaubriant, Golsan explores the complexity of artistic and intellectual collaboration during the German Occupation. He demonstrates that, in this context, complicity with political evil often derived from "nonpolitical" motives including sexual orientation, antimodern aesthetics, and dangerously skewed religious beliefs. Turning to the post–cold war era of the 1990s, Golsan examines the philosopher Alain Finkielkraut's support for Croatian independence, the "mediologist" Régis Debray's pro-Serb stance during the bombing of Kosovo, and the historian Stéphane Courtois's revisionist comparison of Nazi and Communist crimes during the 1997 debate surrounding the publication of The Black Book of Communism. In these three cases, laudable motives—and misguided historical comparisons with Vichy, Nazism, and the Occupation period that marked the political and intellectual discourses of France in the 1990s—resulted, paradoxically, in antidemocratic engagements profoundly at odds with the original motivations behind these intellectuals' commitments. In each of these case studies, political complicity derives from a combination of passions and ideals—whether positive or negative, emotional or intellectual—as well as a desire to make the present conform to a particular and generally skewed vision of the past. The full implications of these involvements are neither fully grasped nor understood by their authors, either through lack of objectivity, rationality, or imagination or through willful ignorance. The results are always unfortunate and often disastrous. Considered together, these six intellectuals serve as sobering reminders that political commitments are never as simple or straightforward as they seem and that admirable motives for political involvement can have dangerous and destructive consequences in historical practice.

Download or read book Nation Society and the State written by Dr. Abraham Weizfeld and published by AuthorHouse. This book was released on 2012-03-09 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work treats the European political philosophy that has engendered the Nation-State concept -- considered to be the logical evolution of human history as a linear periodization into the Modern State. This Modern State concept is treated as the end of history in liberal democratic theory, in spite of it remaining a European phenomenon. Where it has been imposed beyond the European political culture it has provoked a plague of civil wars and occupations, such as in Palestine. In Europe itself it has also resulted in such features as the Spanish Inquisition, the latter-day Spanish civil war and the fascist dictatorship that followed, as well as the Nazi regime and its Holocaust in alliance with the various fascist allies seeking their own Nation-State. Various attempts have followed in Europe itself to overcome the Nation-State itself by means of the European Union which sought to unite the Nation-States with a federated effort to bring some stability to the economy and life of the region in light of the disastrous wars of the twentieth century. The contradictions of the Nation-State and Federalism become ever more apparent as the EU now descends into economic chaos. This sub-title invites a comparison and a contrast between the Jewish political-culture and the Zionist movement. One may consider political-culture as encompassing Civil Society, history, religious theology and law; comprising a collective consciousness, this historical heritage forms a national identity which is currently oriented into nationalism by the State. The endurance of national identity apart from the State and with the extinction of the State is projected as the basis of an independent Civil Society.

Download or read book Intentional Destruction of Cultural Heritage and the Law written by Alberta Fabbricotti and published by Taylor & Francis. This book was released on 2024-09-09 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH). The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation. This book is essential reading for students, academics and practitioners exploring international law and the destruction of cultural heritage.

Download or read book The Art of Complicity in Martial and Statius written by Erik Gunderson and published by Oxford University Press. This book was released on 2021 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Art of Complicity in Martial and Statius' examines the relationship between politics and aesthetics in two poets from the reign of Domitian. Gunderson argues that power and politics are intimately involved in Latin praise poetry.