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This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
This book addresses immensely consequential crimes in the world today that, to date, have been almost wholly neglected by students of crime and criminal justice: crimes of globalization. This term refers to the hugely harmful consequences of the policies and practices of international financial institutions – principally in the global South. A case is made for characterizing these policies and practices specifically as crime. Although there is now a substantial criminological literature on transnational crimes, crimes of states and state-corporate crimes, crimes of globalization intersect with, but are not synonymous with, these crimes. Identifying specific reasons why students of crime and criminal justice should have an interest in this topic, this text also identifies underlying assumptions, defines key terms, and situates crimes of globalization within the criminological enterprise. The authors also define crimes of globalization and review the literature to date on the topic; review the current forms of crimes of globalization; outline an integrated theory of crimes of globalization; and identify the challenges of controlling the international financial institutions that perpetrate crimes of globalization, including the role of an emerging Global Justice Movement. The authors of this book have published widely on white collar crime, crimes of states, state-corporate crime and related topics. This book will be essential reading for academics and students of crime and criminal justice who, the authors argue, need to attend to emerging forms of crime that arise specifically out of the conditions of globalization in our increasingly globalized, rapidly changing world.
his book presents twenty-one essays by as many legal scholars examining international criminal enterprises. The lead essay provides a synopsis of enterprise criminality. Topics treated include: conflict resources (diamonds, palm oil), piracy, arms trafficking, illegal drugs, counterfeit products, art fraud, market manipulation, short selling, cryptocurrency (bitcoin), tax evasion, investor-state arbitration, anti-trust/competition law, and corporate governance: whistleblowing, VW, Toshiba, concluding with a chapter on Lobbying in the EU. Countries and regions covered include Central Africa, Indonesia, Somalia, Iraq, Syria, UK, EU, France, Germany, and Japan. The book includes a free preview. https://www.amazon.com/author/quizmaster http://mindworks.altervista.org About the author: A Fulbright law specialist, Dr. Engle has taught law in France (Nanterre) Germany (Humboldt) Ukraine (Fulbright) Bosnia (Fulbright) Russia (Pericles) and Estonia (Tartu). He has published dozens of articles on law as well as several books. This book is meant to be affordable so developing country legal scholars can understand American, French, and German rule of law concepts in the struggle against violent criminality.
From the lead prosecutor on the Enron investigation, an eye-opening examination of the explosion of American white-collar crime. If “corporations are people too,” why isn’t anyone in jail? A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal. In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators. Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations. An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. Joanna Kyriakakis surveys the state of the art in the field, highlighting the case for the international criminal justice project to engage more fully with the role industry can play in atrocity. From the post World War II era to contemporary international criminal courts and tribunals and the activities of domestic criminal justice agencies, this book analyses cases and international law reform efforts aimed at accounting for business involvement in international crimes. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice. Students, practitioners and academics of international criminal law will find this a beneficial read, particularly through its engagement with the key contemporary debate around the extension of international criminal law to business actors. The exploration of how to address the global governance gap and better account for human rights abuses in transnational corporate activity will also make this an invigorating book for business and human rights scholars.
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.
In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain Santiago Wortman Jofre presents a case study in which he analyses the regulation on compliance as deterrent for corporate criminality. He also examines the role of criminal justice and offers a view on the incentives to prevent corporate criminality.