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In 2012, a 20-year moratorium on state employment of chemical weapons use was broken. Since then, there have been more than 200 uses, against civilians, military targets, and political enemies. These attacks have broken norms against the use of weapons of mass destruction and create a gap in the nonproliferation fabric—despite the robust international architecture of laws, treaties, agreements, and norms designed to restrain the proliferation and use of these weapons. Accountability for these recent attacks has been limited or nonexistent, which threatens the credibility of the nonproliferation regime and only encourages further use. Leaders must find the political and moral strength to use a full spectrum of tools to reestablish this system of restraint. By understanding the system—built on taboos, norms, deterrence, and a lack of benefits—and corresponding accountability approaches—military, legal, political, diplomatic, economic, and educational—leaders can utilize a menu of potential actions for building more diverse, flexible, scalable, and implementable options to hold accountable users of chemical weapons.
Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.
Comprehensive examination of restraint in international politics, considered across a range of contexts as a political process, device, and strategy.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
This 1856 work, advocating the abolition of mechanical restraints in treating mentally ill patients, is a key text of asylum reform.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In the 2020 CBC Massey Lectures, bestselling author and renowned technology and security expert Ronald J. Deibert exposes the disturbing influence and impact of the internet on politics, the economy, the environment, and humanity. Digital technologies have given rise to a new machine-based civilization that is increasingly linked to a growing number of social and political maladies. Accountability is weak and insecurity is endemic, creating disturbing opportunities for exploitation. Drawing from the cutting-edge research of the Citizen Lab, the world-renowned digital security research group which he founded and directs, Ronald J. Deibert exposes the impacts of this communications ecosystem on civil society. He tracks a mostly unregulated surveillance industry, innovations in technologies of remote control, superpower policing practices, dark PR firms, and highly profitable hack-for-hire services feeding off rivers of poorly secured personal data. Deibert also unearths how dependence on social media and its expanding universe of consumer electronics creates immense pressure on the natural environment. In order to combat authoritarian practices, environmental degradation, and rampant electronic consumerism, he urges restraints on tech platforms and governments to reclaim the internet for civil society.
This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.