Download or read book Les personnes morales de droit public parties au proc s p nal written by Audrey Delas and published by . This book was released on 2012 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: En vertu du principe de séparation des autorités administrative et judiciaire, seul le juge administratif devrait être compétent lorsque le litige concerne une personne morale de droit public. Néanmoins, les Codes de procédure pénale et de droit pénal intègrent pleinement ces entités abstraites. Il est expressément prévu depuis la promulgation du Code pénal de 1994, la responsabilité pénale des personnes morales de droit public. Cependant tant sur le fond que sur la forme l’arsenal législatif existant ne paraît pas adapté à la spécificité des personnes morales de droit public. Par ailleurs, les personnes morales de droit public ne sont pas seulement des auteurs, intervenant lors de l’action publique mais aussi des acteurs lors de l’action civile. D’une part, elles peuvent être défendeurs à l’action civile. En effet, l’Administration peut être appelée en garantie pour les infractions commises par les fonctionnaires qui résultent d’une faute de service. Cependant les cas d’intervention sont très rares puisque le principe reste l’incompétence du juge pénal pour juger l’Administration sur les intérêts civils en raison du principe de séparation des autorités administrative et judiciaire. D’autre part, la personne morale de droit public peut endosser le rôle de partie civile. Or, cette partie civile agit pour demander réparation ou pour se venger. Une personne morale de droit public ne paraît pas légitime à demander vengeance en tant qu’entité abstraite ni à demander réparation d’une atteinte à ses sentiments. Dans chacun des rôles qu’elle peut tenir la personne morale de droit public semble donc trouver sa place avec difficultés.
Download or read book On the Take written by Lindy Muzila and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups
Download or read book Collection of Essays by Legal Advisers of States Legal Advisers of International Organizations and Practitioners in the Field of International Law written by United Nations. Office of Legal Affairs and published by United Nations Publications. This book was released on 1999 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has changed radically since 1989, when the General Assembly declared the period from 1990 to 1999 as the United Nations Decade of International Law. During that time, the international community claimed some major achievements as reflected by the adoption of conventions and treaties. This publication presents a collection of essays from legal advisers of States and international organizations, all of whom are among those committed to promoting respect for international law. Their contribution provides a practical perspective on international law, viewed from the standpoint of those involved in its formation, application and administration.
Download or read book Treaty Series Recueil Des Traites written by United Nations and published by UN. This book was released on 2007-11-02 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rule of Law in International Affairs written by Ian Brownlie and published by Martinus Nijhoff Publishers. This book was released on 1998-08-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.
Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Download or read book Vulnerable written by Colleen M. Flood and published by University of Ottawa Press. This book was released on 2020-07-14 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.
Download or read book Benchmarking Theory and Practice written by Asbjørn Rolstadås and published by Springer. This book was released on 2013-06-05 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lecturers and researchers in the areas of industrial engineering, quality management and business development, and middle and higher management in business or technology- oriented positions, will find this book invaluable.
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 Allegories of Reading written by Paul De Man and published by Yale University Press. This book was released on 1979-01-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important theoretical work by Paul de Man sets forth a mode of reading and interpretation based on exemplary texts by Rousseau, Nietzsche, Rilke, and Proust. The readings start from unresolved difficulties in the critical traditions engendered by these authors, and they return to the places in the text where those difficulties are most apparent or most incisively reflected upon. The close reading leads to the elaboration of a more general model of textual understanding, in which de Man shows that the thematic aspects of the texts--their assertions of truth or falsehood as well as their assertions of values--are linked to specific modes of figuration that can be identified and described. The description of synchronic figures of substitution leads, by an inner logic embedded in the structure of all tropes, to extended, narrative figures or allegories. De Man poses the question whether such self-generating systems of figuration can account fully for the intricacies of meaning and of signification they produce. Throughout the book, issues in contemporary criticism are addressed analytically rather than polemically. Traditional oppositions are put in question by a rhetorical analysis which demonstrates why literary texts are such powerful sources of meaning yet epistemologically so unreliable. Since the structure which underlies this tension belongs to language in general and is not confined to literary texts, the book, starting out as practical and historical criticism or as the demonstration of a theory of literary reading, leads into larger questions pertaining to the philosophy of language. "Through elaborate and elegant close readings of poems by Rilke, Proust's Remembrance, Nietzsche's philosophical writings and the major works of Rousseau, de Man concludes that all writing concerns itself with its own activity as language, and language, he says, is always unreliable, slippery, impossible....Literary narrative, because it must rely on language, tells the story of its own inability to tell a story....De Man demonstrates, beautifully and convincingly, that language turns back on itself, that rhetoric is untrustworthy."--Julia Epstein, Washington Post Book World "The study follows out of the thinking of Nietzsche and Genette (among others), yet moves in strikingly new directions....De Man's text, almost certain to be endlessly provocative, is worthy of repeated re-reading."--Ralph Flores, Library Journal "Paul de Man continues his work in the tradition of 'deconstructionist criticism, '... which] begins with the observation that all language is constructed; therefore the task of criticism is to deconstruct it and reveal what lies behind. The title of his new work reflects de Man's preoccupation with the unreliability of language. ... The contributions that the book makes, both in the initial theoretical chapters and in the detailed analyses (or deconstructions) of particular texts are undeniable."--Caroline D. Eckhardt, World Literature Today
Download or read book Integrated Coastal Zone Management of Coral Reefs written by Kent Gustavson and published by World Bank Publications. This book was released on 2000 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The applied research indicates that, to improve awareness, park education programs should be targeted specifically to the user groups primarily through outreach programs. Further, the Park's management programs should be highlighted, particularly the beneficial, tangible products and services (benefits) the Park provides to each user group... The closer the tie between reef conditions and business earnings, the greater the users' support for reef conservation." Coral reefs are sometimes referred to as "canaries of the sea" because of their early warning ability to show near-shore oceanic stress. Because of their biological diversity, they are also called "rainforests of the sea." Coral reefs are vital to the well being of millions of people. Coral reef managers and government officials trying to save their valuable national resources have turned to research on coral reefs for help. The research presented in this publication merits a great deal of notice because the output is useful for decision support and training tools in integrated coastal zone management (ICZM). The work on cost-effectiveness analysis has developed integrated economic and ecological models, relying extensively on fuzzy logic procedures to model impacts and effects of interventions within the reef environment. By contrast, the marine system valuation work provides economic valuations of coral reefs, demonstrating the use of different modeling methods and treating key policy issues within this context. This publication will interest coastal zone experts and managers worldwide
Download or read book Separatism in Brittany written by Michael John Christopher O'Callaghan and published by . This book was released on 1983 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Politics Property and Production in the West African Sahel written by Tor Arve Benjaminsen and published by Nordic Africa Institute. This book was released on 2001 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a number of case studies from the West African Sahel, this book links and explores natural resources management from the perspectives of politics, property and production.
Download or read book Conflict Security and the Reshaping of Society written by Alessandro Dal Lago and published by Routledge. This book was released on 2010-07-13 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. This book is an examination of the effect of contemporary wars (such as the 'War on Terror') on civil life at a global level. Contemporary literature on war is mainly devoted to recent changes in the theory and practice of warfare, particular those in which terrorists or insurgents are involved (for example, the 'revolution in military affairs', 'small wars', and so on). On the other hand, today's research on security is focused, among other themes, on the effects of the war on terrorism, and on civil liberties and social control. This volume connects these two fields of research, showing how 'war' and 'security' tend to exchange targets and forms of action as well as personnel (for instance, the spreading use of private contractors in wars and of military experts in the 'struggle for security') in modern society. This shows how, contrary to Clausewitz's belief war should be conceived of as a "continuation of politics by other means", the opposite statement is also true: that politics, insofar as it concerns security, can be defined as the 'continuation of war by other means'. This book will be of much interest to students of critical security studies, war and conflict studies, terrorism studies, sociology and IR in general. Salvatore Palidda is Professor of Sociology in the Faculty of Education at the University of Genoa. Alessandro Dal Lago is Professor of Sociology of Culture and Communication at the University of Genoa.
Download or read book Politics of Visibility written by Gerdien Jonker and published by . This book was released on 2006 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book takes into view a large variety of Muslim actors who, in recent years, made their entry into the European public sphere. Without excluding the phenomenon of terrorists, it maps the whole field of Muslim visibility. The nine contributions present unpublished ethnographic materials that have been collected between 2003 and 2005. They track down the available space that is open to Muslims in EU member states claiming a visibility of their own. The volume collects male and female, secular and religious, radical and pietistic voices of sometimes very young people. They all speak about "being a Muslim in Europe" and the meaning of "real Islam"."--BOOK JACKET.
Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L on Duguit and the Social Obligation Norm of Property written by Paul Babie and published by Springer Nature. This book was released on 2019-09-07 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.
