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Towards Corporate Liability in International Criminal Law

Book | 1st edition 2010 | World | Desislava Stoitchkova
Description

The need for more stringent regulation of multinational corporations (MNCs) is discernible in the adverse human rights impact of business activities in conflict-prone regions of the world. Domestic jurisdictions appear reluctant to vigorously pursue mandatory enforcement of human rights standards vis-à-vis the private sector for violations committed abroad. The international system, in turn, has not yet put in place any effective compliance mechanism beyond regulatory supervision. The difficulties of prosecution by home and host states, and the propensity of MNCs to exploit the principles of separate legal personality and limited liability pose certain challenges.

Seeking to address the problem of corporate involvement in grave human rights abuse, i.e. genocide, crimes against humanity and war crimes, this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law. It draws upon holistic methods for uncovering organisational fault, suggesting the necessity to align the culpability of legal persons with the peculiarities of institutional form and dynamics. The study discusses the instrumentality of existing Rome Statute provisions with regard to both corporations and corporate agents, and puts forward a sui generis model for constructing the criminal liability of MNCs.

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More Information
Type of product Book
Format Paperback
EAN / ISSN 9789400000247
Series name Human Rights Research Series
Weight 450 g
Status Available
Number of pages xii + 318 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Feb 3, 2010
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
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