Download or read book Regulating Corporate Criminal Liability written by Dominik Brodowski and published by Springer. This book was released on 2014-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.

Download or read book Historical Pollution written by Francesco Centonze and published by Springer. This book was released on 2017-08-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal matters regarding the prevention and fighting of historical pollution caused by industrial emissions. "Historical pollution" refers to the long-term or delayed onset effects of environmental crimes such as groundwater or soil pollution. Historical Pollution presents and compares national legal approaches, including the most interesting and effective mechanisms for managing environmental problems in relation with historical pollution. It features interdisciplinary and international comparisons of traditional and alternative justice mechanisms. This book will be of interest to researchers in criminology and criminal justice and related areas, such as politics, law, and economics, those in the public and private sectors dealing with environmental protection, including international institutions, corporations, specialized national agencies, those involved in the criminal justice system, and policymakers.

Download or read book Corporate Criminal Liability and Sanctions written by Michala Meiselles and published by Taylor & Francis. This book was released on 2024-09-18 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection sheds light on the evolution of corporate financial crime, exploring a myriad of offenses ranging from money laundering and fraud to market manipulation and bribery. Considering and assessing the models used in national law to determine the culpability of corporations, this book compares the different schemes used to address financial and other organisational crimes committed by these entities. Through a combination of history, law, and global perspectives, its chapters dissect landmark cases and provide detailed analyses of money laundering, fraud, market manipulation, manslaughter, and legislative responses in various locations around the world. This comparative approach offers a unique lens, exploring diverse jurisdictions and shedding light on global patterns of corporate wrongdoing. By critically assessing the challenges of prosecuting economic crimes on a large scale, the collection proposes innovative solutions, including the introduction of ‘failure to prevent’ offences. Corporate Criminal Liability and Sanctions: Current Trends and Policy Changes is a valuable resource for academics, professionals, and anyone intrigued by the ever-evolving realm of white-collar and corporate wrongdoing. It will appeal to scholars across the fields of law, criminology, sociology, and economics, as well as those professionally engaged in preventing and investigating corruption and in developing or enforcing regulation, such as solicitors, barristers, businessmen, and public servants.

Download or read book European Economic Law written by Alberto Santa Maria and published by Kluwer Law International B.V.. This book was released on 2019-01-25 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the last edition of this pre-eminent work five years ago, the European framework in the international setting has substantially changed. Numerous critical developments have highlighted shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book's highly respected author is uncompromising: either we have the courage to establish profound, constitutional reforms aimed at renewing the European Union in the collective imagination or we risk contenting ourselves with merely an economic community with a far-from-ideal single market where even the four basic freedoms guaranteeing all actors, individuals and enterprises, are put under discussion. This revision follows the successful format of the previous editions. As before, the author's intensive discussion brilliantly disentangles the complex interrelations among a vast array of economic factors. As a general update, the new edition takes into account such major developments as the mass immigration phenomenon, effects of Brexit on EU laws and policies, and the OECD's project on base erosion and profit shifting (BEPS). Ongoing matters covered include the following: • issues surrounding the euro's sustainability, especially as revealed in ECJ case law; • lack of power of the ECB and other EU institutions in fixing the euro's exchange rate; • the potential EU contribution to reform of the IMF's organization and substantive rules; • ECJ case law on conflicts in the transfer of seat and cross-border mergers; • the role of the European Commission in the regulation of international trade; • limits to the advantages lawfully acquired by multinational enterprises; • transfer pricing in intragroup transactions; • EU supervision of banking groups and international banking cooperation; • corporate social responsibility' and 'codes of conduct'; and • State aid between competition law and the non-discrimination principle. Emphasizing the complex legal regime affecting undertakings in Europe today, Professor Santa Maria presents a thoroughgoing legal analysis of the prominence of corporate and business enterprises in what many theorists see as the intrinsic 'internationality' of social activity in the current era. Previous editions have been applauded for their unremitting emphasis on rules introduced on the basis of multilateral agreements of an unprecedented reach, within which both States and undertakings are made to recognize and to deal with one another. In the new edition, this perspective, daunting in its scope and breadth, is maintained and expanded, providing a synthesizing and enlightening analysis that will be of immeasurable value to all parties with an interest — academic, juridical, or administrative — in this very important area of law.

Download or read book Health at Work Ageing and Environmental Effects on Future Social Security and Labour Law Systems written by Lourdes Mella Méndez and published by Cambridge Scholars Publishing. This book was released on 2019-01-15 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the most important problems and challenges that health, age and the environment introduce in the labour market, and how these factors affect both the way people work and their rights. The contributions here focus on the main challenges for social security systems, lawmakers and trade unions, and provide important solutions to improve workers’ rights and guarantee the viability of public social security systems. Other topics analysed here include dress-codes and whistleblowing in companies. From the labour point of view, workers’ representatives and trade unions must take action in collective bargaining to deal with these topics and adequately protect the workforce. The authors here are drawn from countries such as Hungary, Portugal, Spain, Italy, Poland, Brazil and Colombia, providing a global perspective. The book will appeal to lawyers, legal and human resources experts, economists, judges, academics and staff from trade unions and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (13), English (7) and Portuguese (2).

Download or read book Corruption in Commercial Enterprise written by Liz Campbell and published by Routledge. This book was released on 2018-04-17 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.

Download or read book Corporate Liability and International Criminal Law written by Alessandra De Tommaso and published by Taylor & Francis. This book was released on 2023-10-30 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 International Criminal Court. This 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.

Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.

Download or read book Ispezioni e sanzioni nel Testo Unico Sicurezza del Lavoro written by Pierluigi Rausei and published by IPSOA. This book was released on 2010-07-09 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: Riedizione del Volume pubblicato nel 2008 (nella I ed. presentato nella Collana “Testo Unico Sicurezza del Lavoro”) sul quadro sanzionatorio e sulle regole innovative che governano il sistema istituzionale della vigilanza in materia di sicurezza sul lavoro a seguito dell’entrata in vigore del decreto legislativo 9 aprile 2008, n. 81 (Testo Unico). La riedizione si è resa necessaria in seguito alle rilevanti modifiche introdotte dal decreto correttivo del Testo Unico Sicurezza del Lavoro (D.Lgs. 106/2009). Il volume si presenta suddiviso in varie parti rispettivamente dedicate: all’esame specifico dei nuovi meccanismi istituzionali che governano il complesso fenomeno delle ispezioni e della vigilanza in materia di sicurezza sul lavoro alle linee di sviluppo del nuovo apparato sanzionatorio così come individuato dal d.lgs. n. 81/2008 e successivamente modificato dal d.lgs. 106/2009, con particolare riferimento: al procedimento ispettivo e sanzionatorio, amministrativo e penale, ai limiti di applicabilità dei poteri degli organi di vigilanza (prescrizione, disposizione, diffida), alla lettura dell’apparato punitivo fra contravvenzioni e sanzioni amministrative, alla responsabilità diretta dell’ente, alle condizioni di estinzione agevolata dell’illecito, all’esercizio dei diritti della persona offesa all’analisi dell’apparato sanzionatorio e alla puntuale individuazione di tutte le ipotesi sanzionatorie previste dal nuovo testo unico, anche mediante apposite tabelle che individuano: la fattispecie illecita, la reazione punitiva, le forme di estinzione agevolata dell’illecito Infine viene proposta: la normativa e la prassi amministrativa di principale rilievo, accanto alla modulistica riguardante le fasi principali del procedimento sanzionatorio penale e amministrativo.

Download or read book ICICKM2010 Proceedings of the 7th International Conference on Intellectual Capital knowledge Management and Organisational Learning written by Eric Tsui and published by Academic Conferences Limited. This book was released on with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Business and Human Rights in Europe written by Angelica Bonfanti and published by Routledge. This book was released on 2018-09-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

Download or read book Mass Torts in Europe written by Willem H. van Boom and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-10-14 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: in recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such ‚massification‘ of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes. This volume offers both a caleidoscopic review of real-life key cases of mass tort and an in-depth reflection on the broader implications of mass tort in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.

Download or read book Business Ethics written by and published by BoD – Books on Demand. This book was released on 2024-10-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is long past time to take business ethics seriously. This is not because business people feel the need to appear virtuous, attentive to sustainability, or devoted to their stakeholders, but because business ethics can offer a competitive advantage to companies that prioritize it. A strong reputation and trustworthiness reduce transaction costs with partners, foster loyalty among employees, and attract top young talent. This book explores the many ways companies around the world can achieve such a competitive advantage. Use this volume to stay informed in this field, which will only grow in importance as technology continues to shed light on who provides the goods and services we rely on.

Download or read book Liability of Legal Persons for Offences in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)

Download or read book Domesticating International Criminal Law written by Florian Jeßberger and published by Taylor & Francis. This book was released on 2023-06-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.

Download or read book Intersections Between Rights and Technology written by Anand, Amit and published by IGI Global. This book was released on 2024-07-10 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial Intelligence (AI) is swiftly reshaping global regulatory frameworks, and current discussions on privacy have been thrust into the limelight. The virtual spaces we inhabit and technological advancements demand reevaluating our understanding of privacy, freedom of expression, and access to information. As the world grapples with unprecedented digital transformation, intensified by the global pandemic, exploring the human impact of AI has never been more important. The book, Intersections Between Rights and Technology explores this juncture, dissecting the intricate relationship between the rights we hold dear and the transformative power of technology. This book navigates the complexities of safeguarding human rights in the digital realm with a multidisciplinary lens. Addressing issues of paramount importance—privacy, human dignity, personal safety, and non-discrimination—the book critically examines the evolving landscape and the necessity to recalibrate legal and societal norms. This book is an indispensable resource for scholars, policymakers, law enforcement professionals, and individuals passionate about shaping a digital world where rights are not just respected but actively protected.

Download or read book The Politics and Practice of Occupational Health and Safety Law Enforcement written by Diego Canciani and published by Springer. This book was released on 2018-10-04 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a critical approach to examining British and Italian occupational health and safety enforcement policies and questions the legal and political principles that underpin them. The book undertakes a comparative critical analysis of these two jurisdictions’ health and safety regulatory enforcement practices by focusing on the causes and consequences of the under-criminalisation of these crimes. It explores the fundamentals of these two jurisdictions' criminal justice systems and political practices, policies and traditions and exposes how these translate into pragmatic social inequality and injustice for victims of occupational health and safety crimes and, more generally, citizens. Findings are drawn from qualitative interviews conducted with front line occupational health and safety enforcement officers. This book offers an account of the challenges encountered when attempting to scrutinise public institutions responsible for policing crimes of the powerful. The comparison of the political and criminal justice system practices, polices and traditions of the British and Italian legal systems offer a valuable critical contribution to the anglophone literature on the subject and, more generally, on regulatory enforcement policies and practices.