Suchergebnisse

Establishing individual criminal responsibility for mass atrocities is the foundational principle of international criminal justice, but this process is highly complex, and is accompanied by political and legal dilemmas about its operation. The book examines the drafting, interpretation, and application of the rules for assessing individual criminal responsibility as those rules emerge from the intense contestations among judges, lawyers, and academics within the legal field. Focusing on the International Criminal Court (ICC), the book provides a rich analysis of the international debates around questions of criminal responsibility by interrogating formal legal documents and legal scholarship alongside more candid accounts (interviews, memoirs, minutes). These debates are of key importance for international criminal law and global justice because how criminal responsibility laws are construed in practice determines which conduct merits punishment and, ultimately, demarcates the boundaries of what are considered the 'gravest' acts that 'shock' humanity.

This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in contracts, torts and punishment. The collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals

Wer haftet, wenn sich selbst ausbreitende Gentechnik grenzüberschreitende Schäden verursacht? Mit Gene Drives und ähnlichen Verfahren wird es bald möglich sein, das Erbgut wild lebender Arten, Keime und Nutzpflanzen direkt in der Umwelt zu verändern. Dies könnte helfen, drängende Probleme in der öffentlichen Gesundheit, im Naturschutz und in der Ernährungssicherheit zu lösen. Allerdings bergen diese Verfahren auch das Risiko einer unkontrollierten Ausbreitung über Staatsgrenzen hinweg. Anhand einer grundlegenden Untersuchung der einschlägigen Verträge und des Völkergewohnheitsrechts zu Prävention und Haftung für grenzüberschreitende Schäden wird aufgezeigt, dass das derzeit geltende Völkerrecht dieser Herausforderung noch nicht gewachsen ist.

A report written by two environmental lawyers which explains the responsibilities of company directors under UK and European environmental law, and their potential personal liabilities. It sets out what steps to take to avert liabilities and what to do in the event of environmental problems, including chapters on whistle-blowing by employees and liabilities for overseas activities.

Abstract
The Guiding Principles on Shared Responsibility in International Law seek to address an issue hitherto unresolved in the law of international responsibility: if two or more states or organizations together cause a single harm to a victim, what are the consequences for suit and reparation? Commentators generally counsel against the use of domestic concepts such as 'solidary liability' or 'joint and several liability' in international law. This comment highlights the role of domestic analogies in the formulation of the Guiding Principles, focusing on two elements: the application of liability in solidum as the key consequence of multiple responsibility (Principle 10), and 'concerted action' (Principle 7) as a condition for multiple responsibility. Both of these concepts can be found in many domestic legal systems, but the Principles place differential weight on domestic analogies in the elaboration of Principles 10 and 7: Principle 10 draws useful analogies with the rationale behind liability in solidum in domestic law, while Principle 7 on concerted action does not rely on related domestic concepts. That is likely for good reason. However, responsibility based on concerted action is a novel basis for responsibility in international law, and therefore its justification is all the more important. The justification provided for Principle 7 is not fully convincing, and its scope of application is uncertain. I query whether the exploration of cognate concepts in domestic legal systems may have helped to justify the rationale for, or the scope of, responsibility based on concerted action.

"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 ICC. The 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"--