Suchergebnisse

Defining a crime without a name -- Conduct elements -- Fault elements -- Human groups and genocide -- Political genocide and customary international law -- The role of other international crime -- The case for a crime of political genocide -- The way forward : rethinking the crime of crimes

The culpability of commanding officers for their subordinates execution of genocidal behavior is reconsidered. An overview of the notions of direct commission & joint criminal enterprise within international criminal law is provided; an additional overview of international laws' recognition of constructive liability is presented, indicating its conception within international law as either joint criminal enterprise or command responsibility. Three criteria for establishing a military commander's responsibility for his subordinate actions are highlighted: the existence of a superior-subordinate relationship; the superior officers knowledge of the subordinates criminal activity; & the commanders failure to prevent or punish the subordinates criminal behavior. It is subsequently asserted that the notion of command responsibility is incompatible with existing criteria for determining whether military personnel have committed genocide; consequently, it is suggested that the charges imposed upon commanders under the terms of constructive liability should be labeled differently (eg, negligence of duty rather than liability for genocide) to more accurately represent their knowledge of & ability to prevent or punish subordinate personnels perpetration of genocide. J. W. Parker

Purpose
Digital platforms enable the sharing economy and have become dominant business models in many industries. Despite their many benefits, negative externalities associated with the growth of for-profit digital platforms, such as Uber and Google, have ignited concerns among market participants, policymakers and society as a whole, without corrective market forces in sight. One way to address this problem is through a combination of government regulation, criminal enforcement actions and private antitrust litigation. This study aims to analyze an alternative approach, called the nonprofit digital platform (NDP), which is an emerging business model capable of unleashing free-market forces and enhancing the sharing economy's social benefits.


Design/methodology/approach
This study documents the negative externalities (actual and potential) of for-profit digital platforms, uses the product attributes model to explain the market position and strategy of NDPs with respect to for-profit digital platforms and provides recommendations for the successful launch and management of NDPs.


Findings
An NDP is a market-based alternative to antitrust, regulation and litigation that enhances the social value created by the sharing economy, but its success requires startup-like management that attracts and retains talent, capital, effective advertising and positive network externalities.


Social implications
NDPs can force free-market adjustments in the industries they enter, reduce the negative spillovers of for-profit digital platforms and increase social value by incrementally raising the level of competition.


Originality/value
This study conceptually explores the value that nonprofits could bring to the sharing economy in fulfilling its promise and provides strategic recommendations for social-digital entrepreneurs and nonprofits.