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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.
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
A collection of United Nations documents associated with the drafting of the Universal Declaration of Human Rights, these volumes facilitate research into the scope of, meaning of and intent behind the instrument's provisions. It permits an examination of the various drafts of what became the thirty articles of the Declaration, including one of the earliest documents – a compilation of human rights provisions from national constitutions, organised thematically. The documents are organised chronologically and thorough thematic indexing facilitates research into the origins of specific rights and norms. It is also annotated in order to provide information relating to names, places, events and concepts that might have been familiar in the late 1940s but are today more obscure.
Note: This is the original 2012 report. An updated 2014 law review article is available as 1 Tex. A&M. L. Rev. 411. This report provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle's steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the report, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. The report's largely descriptive analysis, which begins with the principle that everything is permitted unless prohibited, covers three key legal regimes: the 1949 Geneva Convention on Road Traffic, regulations enacted by the National Highway Traffic Safety Administration (NHTSA), and the vehicle codes of all fifty US states. The Geneva Convention, to which the United States is a party, probably does not prohibit automated driving. The treaty promotes road safety by establishing uniform rules, one of which requires every vehicle or combination thereof to have a driver who is "at all times ... able to control" it. However, this requirement is likely satisfied if a human is able to intervene in the automated vehicle's operation. NHTSA's regulations, which include the Federal Motor Vehicle Safety Standards to which new vehicles must be certified, do not generally prohibit or uniquely burden automated vehicles, with the possible exception of one rule regarding emergency flashers. State vehicle codes probably do not prohibit-but may complicate-automated driving. These codes assume the presence of licensed human drivers who are able to exercise human judgment, and particular rules may functionally require that presence. New York somewhat uniquely directs a driver to keep one hand on the wheel at all times. In addition, far more common rules mandating reasonable, prudent, practicable, and safe driving have uncertain application to automated vehicles and their users. Following distance requirements may also restrict the lawful operation of tightly spaced vehicle platoons. Many of these issues arise even in the three states that expressly regulate automated vehicles. The primary purpose of this report is to assess the current legal status of automated vehicles. However, the report includes draft language for US states that wish to clarify this status. It also recommends five near-term measures that may help increase legal certainty without producing premature regulation. First, regulators and standards organizations should develop common vocabularies and definitions that are useful in the legal, technical, and public realms. Second, the United States should closely monitor efforts to amend or interpret the 1969 Vienna Convention, which contains language similar to the Geneva Convention but does not bind the United States. Third, NHTSA should indicate the likely scope and schedule of potential regulatory action. Fourth, US states should analyze how their vehicle codes would or should apply to automated vehicles, including those that have an identifiable human operator and those that do not. Finally, additional research on laws applicable to trucks, buses, taxis, low-speed vehicles, and other specialty vehicles may be useful. This is in addition to ongoing research into the other legal aspects of vehicle automation.
“[Matlock’s] account of Reagan’s achievement as the nation’s diplomat in chief is a public service.”—The New York Times Book Review “Engrossing . . . authoritative . . . a detailed and reliable narrative that future historians will be able to draw on to illuminate one of the most dramatic periods in modern history.”—Los Angeles Times Book Review In Reagan and Gorbachev, Jack F. Matlock, Jr., a former U.S. ambassador to the U.S.S.R. and principal adviser to Ronald Reagan on Soviet and European affairs, gives an eyewitness account of how the Cold War ended. Working from his own papers, recent interviews with major figures, and unparalleled access to the best and latest sources, Matlock offers an insider’s perspective on a diplomatic campaign far more sophisticated than previously thought, waged by two leaders of surpassing vision. Matlock details how Reagan privately pursued improved U.S.-U.S.S.R. relations even while engaging in public saber rattling. When Gorbachev assumed leadership, however, Reagan and his advisers found a willing partner in peace. Matlock shows how both leaders took risks that yielded great rewards and offers unprecedented insight into the often cordial working relationship between Reagan and Gorbachev. Both epic and intimate, Reagan and Gorbachev will be the standard reference on the end of the Cold War, a work that is critical to our understanding of the present and the past.
Today we associate the Renaissance with painting, sculpture, and architecture—the “major” arts. Yet contemporaries often held the “minor” arts—gem-studded goldwork, richly embellished armor, splendid tapestries and embroideries, music, and ephemeral multi-media spectacles—in much higher esteem. Isabella d’Este, Marchesa of Mantua, was typical of the Italian nobility: she bequeathed to her children precious stone vases mounted in gold, engraved gems, ivories, and antique bronzes and marbles; her favorite ladies-in-waiting, by contrast, received mere paintings. Renaissance patrons and observers extolled finely wrought luxury artifacts for their exquisite craftsmanship and the symbolic capital of their components; paintings and sculptures in modest materials, although discussed by some literati, were of lesser consequence. This book endeavors to return to the mainstream material long marginalized as a result of historical and ideological biases of the intervening centuries. The author analyzes how luxury arts went from being lofty markers of ascendancy and discernment in the Renaissance to being dismissed as “decorative” or “minor” arts—extravagant trinkets of the rich unworthy of the status of Art. Then, by re-examining the objects themselves and their uses in their day, she shows how sumptuous creations constructed the world and taste of Renaissance women and men.