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In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.
International criminal law. --- Forfeiture. --- Reparation (Criminal justice) --- Right of property. --- Ownership of property --- Private ownership of property, Right of --- Private property, Right of --- Property, Right of --- Property rights --- Right of private ownership of property --- Right of private property --- Right of property --- Right to property --- Civil rights --- Property --- Compensation for victims of crime --- Criminal restitution --- Reparation --- Restitution (Criminal justice) --- Restitution for victims of crime --- Remedies (Law) --- Asset confiscation --- Asset seizure --- Civil forfeiture --- Confiscation of assets --- Criminal forfeiture --- Forfeiture --- Seizure of assets --- Sentences (Criminal procedure) --- Attainder --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Law and legislation --- Reparation (Criminal justice).
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Legal theory and methods. Philosophy of law --- International law --- Criminal law. Criminal procedure --- Commercial law --- Commercial law. Economic law (general) --- strafrecht --- handelsrecht --- recht --- economisch recht --- internationaal recht
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With industrialization and globalization, corporations acquired the capacity to influence societies for better or worse. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons who think and act through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. This volume surveys current practice on CCL in diverse civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging, and trying corporate offenders. It considers whether domestic CCL laws are converging around the notion of due diligence and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Legal theory and methods. Philosophy of law --- International law --- Criminal law. Criminal procedure --- Commercial law --- Commercial law. Economic law (general) --- strafrecht --- handelsrecht --- recht --- economisch recht --- internationaal recht
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With industrialization and globalization, corporations acquired the capacity to influence societies for better or worse. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons who “think” and “act” through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. This volume surveys current practice on CCL in diverse civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging, and trying corporate offenders. It considers whether domestic CCL laws are converging around the notion of “due diligence” and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Corporation law -- Great Britain -- Criminal provisions. --- Corporation law. --- Criminal liability of juristic persons -- Great Britain. --- Personnes morales -- Responsabilité pénale -- Angleterre. --- Social responsibility of business. --- Criminal liability of juristic persons --- Law, Politics & Government --- Law - Non-U.S. --- Law, General & Comparative --- Law - Europe, except U.K. --- Corporation law --- Criminal liability of juristic persons. --- Criminal provisions. --- Corporations --- Juristic persons --- Criminal liability --- Law. --- Law --- Criminal law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Law and economics. --- Criminal Law. --- Law and Economics. --- Private International Law, International & Foreign Law, Comparative Law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy. --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Civil law --- Law and legislation --- Legal status, laws, etc. --- Criminal Law and Criminal Procedure Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Law—Philosophy.
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