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The United States is the world's leading foreign aid donor. Yet there has been little inquiry into how such assistance affects the politics and societies of recipient nations. Drawing on four decades of data on U.S. economic and military aid, Aiding and Abetting explores whether foreign aid does more harm than good. Jessica Trisko Darden challenges long-standing ideas about aid and its consequences, and highlights key patterns in the relationship between assistance and violence. She persuasively demonstrates that many of the foreign aid policy challenges the U.S. faced in the Cold War era, such as the propping up of dictators friendly to U.S. interests, remain salient today. Historical case studies of Indonesia, El Salvador, and South Korea illustrate how aid can uphold human freedoms or propagate human rights abuses. Aiding and Abetting encourages both advocates and critics of foreign assistance to reconsider its political and social consequences by focusing international aid efforts on the expansion of human freedom.
This authoritative treatise on bankruptcy fraud is an invaluable reference book for bankruptcy law practitioners, white-collar criminal lawyers, prosecutors, judges, restructuring professionals, and academicians. Bankruptcy Crimes is the only book extant on the subject and is unique in its dual perspective and analysis of criminality and bankruptcy law.
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.
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Brian Klaas of the London School of Economics believes in the transformative power of democracy. In this comprehensive book, he offers prescriptions for Western powers seeking to spread political freedom and critiques many of the halfhearted pro-democracy efforts of recent decades. The United States' recent misadventures in Iraq and Afghanistan chastened many who once espoused nation-building. But Klaas argues ceasing to promote democracy is a mistake. In addition to offering insights and examples gleaned from his global travels to investigate pseudo-democracies, Klaas also explores America itself, taking the US tradition of gerrymandering to task. At times, Klaas's crusade seems a bit too idealistic, but, ultimately, he makes a passionate and persuasive case for trying to expand democracy's shrinking reach.
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
At a time of cuts in public expenditure, Britain's Coalition government is committed not only to maintaining the UK's foreign aid budget but to increasing it, in order to meet the target of 0.7 per cent of GDP, despite opinion polls that show it to be unpopular with the electorate. Jonathan Foreman explains why scepticism about the utility and even morality of much foreign aid is more than justified; why so much of the rhetoric used to justify the UK's lavish aid policy is disingenuous or dishonest; and why 0.7 per cent of GDP is an arbitrary number unconnected with either poor country needs or rich country capability. He argues that after six decades and more than three trillion dollars of official development aid, there is little evidence for its effectiveness. Development aid tends to undermine good government, enrich corrupt tyrants and subsidise warlords rather than promote economic growth. Meanwhile, emergency or humanitarian aid, the imagery of which is used by the aid industry and the government to market all foreign aid, is a much more complicated, difficult and morally problematic activity than its promoters and many practitioners would like the public to know.While government officials claim that British aid benefits the UK as well as its intended recipients, by winning goodwill and by making foreign conflict and mass immigration less likely, there is little or no evidence that any of these claims are true. Foreman does not argue for an end to aid, but rather that it should be reality-based rather than faith-based, i.e. it should rest on realistic calculations about the likely fate of donations to poor country governments, UN agencies, international bureaucracies and large charities. He recommends abandoning the 0.7 per cent target; a Royal Commission to investigate the purpose of foreign aid; shifting up to one third of the aid budget and a significant part of UK emergency aid to those branches of the armed forces which have the capacity to deliver it more effectively than NGOs; and the funding of the BBC World Service from the aid budget.
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.