Prosecuting Corporations for Violations of International Criminal Law: Jurisdictional Issues – RIDP 2017 Vol. 88 Issue 2
This issue is the third milestone on the way to the 20th AIDP World Congress
dedicated to ‘Criminal Justice and Corporate Business’. It covers the General
Report based on all Country Reports submitted for the International Colloquium
Section IV at the University of Basel on 2-4 June 2017: The volume contains a
special report on Corporate Criminal Responsibility for Human Rights Violations.
Jurisdiction and Reparations’ and national reports of Australia, Finland, France,
Germany, Italy, the Netherlands, Russia, Switzerland and the United States. It also
includes the resolution adopted by the participants of the Basel colloquium. Other
national reports (Austria, Brazil, China, Spain, Sweden) that have been submitted
for the Section IV are published in the eRIDP.
This volume offers a detailed synopsis of jurisdictional problems and possible
solutions for viable corporate criminal liability. It illustrates the broad challenges
raised by targeting corporations for allegedly causing harm in third countries
with regard to territory and sovereignty in the age of globalisation. As the UN
Guiding Principles on Business and Human Rights of 2011 oblige countries to
establish a legal framework ensuring that corporations respect internationally
protected legal interests and basic human rights when doing business abroad, it
will have consequences for jurisdictional rules. States shall provide a remedy for
victims of alleged human rights violations by corporate groups, as well as crimes
alleged to have occurred in their supply chains if certain conditions are met. Of
particular interest is the establishment of the link between substantive law and
the application of territorial jurisdiction. Also addressed is the need for potential
enhancement of traditional jurisdictional rules.
Sabine Gless holds a Chair for Criminal Law and Criminal Procedure at the
University of Basel (Switzerland).
Sylwia Broniszewska-Emdin is a legal counsel and a PhD candidate at the
University of Basel, Faculty of Law.
Prosecuting Corporations for Violations of International Criminal Law: Jurisdictional Issues – RIDP 2017 Vol. 88 Issue 2
This issue is the third milestone on the way to the 20th AIDP World Congress
dedicated to ‘Criminal Justice and Corporate Business’. It covers the General
Report based on all Country Reports submitted for the International Colloquium
Section IV at the University of Basel on 2-4 June 2017: The volume contains a
special report on Corporate Criminal Responsibility for Human Rights Violations.
Jurisdiction and Reparations’ and national reports of Australia, Finland, France,
Germany, Italy, the Netherlands, Russia, Switzerland and the United States. It also
includes the resolution adopted by the participants of the Basel colloquium. Other
national reports (Austria, Brazil, China, Spain, Sweden) that have been submitted
for the Section IV are published in the eRIDP.
This volume offers a detailed synopsis of jurisdictional problems and possible
solutions for viable corporate criminal liability. It illustrates the broad challenges
raised by targeting corporations for allegedly causing harm in third countries
with regard to territory and sovereignty in the age of globalisation. As the UN
Guiding Principles on Business and Human Rights of 2011 oblige countries to
establish a legal framework ensuring that corporations respect internationally
protected legal interests and basic human rights when doing business abroad, it
will have consequences for jurisdictional rules. States shall provide a remedy for
victims of alleged human rights violations by corporate groups, as well as crimes
alleged to have occurred in their supply chains if certain conditions are met. Of
particular interest is the establishment of the link between substantive law and
the application of territorial jurisdiction. Also addressed is the need for potential
enhancement of traditional jurisdictional rules.
Sabine Gless holds a Chair for Criminal Law and Criminal Procedure at the
University of Basel (Switzerland).
Sylwia Broniszewska-Emdin is a legal counsel and a PhD candidate at the
University of Basel, Faculty of Law.
RIDP2016Vol87/issue1 – The Protection of the environment through criminal Law
It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.
José Luis de La Cuesta is honorary president of the AIDP and director of the Basque Institute of Criminology (University of the Basque Country, Spain).
Ligeia Quackelbeen is the editorial secretary of the RIDP and academic assistant (PhD researcher) at the Institute for International Research on Criminal Policy (IRCP) (Ghent University, Belgium).
Nina Peršak is an editor in the RIDP Editorial Board and a professor at Ghent University, Department of Criminology, Criminal Law and Social Law (IRCP).
Gert Vermeulen is editor-in-chief of the RIDP, general director of publications of the AIDP, president of the Belgium-Luxembourg Union for Criminal Law and professor of (European and international) criminal law and director of the Institute for International Research on Criminal Policy (IRCP) (Ghent University, Belgium).
RIDP2016Vol87/issue1 – The Protection of the environment through criminal Law
It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.
José Luis de La Cuesta is honorary president of the AIDP and director of the Basque Institute of Criminology (University of the Basque Country, Spain).
Ligeia Quackelbeen is the editorial secretary of the RIDP and academic assistant (PhD researcher) at the Institute for International Research on Criminal Policy (IRCP) (Ghent University, Belgium).
Nina Peršak is an editor in the RIDP Editorial Board and a professor at Ghent University, Department of Criminology, Criminal Law and Social Law (IRCP).
Gert Vermeulen is editor-in-chief of the RIDP, general director of publications of the AIDP, president of the Belgium-Luxembourg Union for Criminal Law and professor of (European and international) criminal law and director of the Institute for International Research on Criminal Policy (IRCP) (Ghent University, Belgium).
Reframing Prostitution. From Discourse to Description, From Moralisation to Normalisation?
With contributions across social science disciplines, this international collection presents
a valuable discussion on the importance of empirical studies in various segments
of prostitution, highlights social contexts around it and challenges regulatory responses
that frame our thinking about prostitution, promoting fresh debate about future policy
directions in this area.
Prof. dr. Gert Vermeulen is full professor of international and European criminal law and department chair criminal law and criminology at Ghent University, director of the Institute for International Research on Criminal Policy (IRCP) and extraordinary professor of evidence at Maastricht University.
Nina Peršak is research professor in the area of criminology and sociology of law, Institute for International Research on Criminal Policy (IRCP), Faculty of Law, Ghent University.
Reframing Prostitution. From Discourse to Description, From Moralisation to Normalisation?
With contributions across social science disciplines, this international collection presents
a valuable discussion on the importance of empirical studies in various segments
of prostitution, highlights social contexts around it and challenges regulatory responses
that frame our thinking about prostitution, promoting fresh debate about future policy
directions in this area.
Prof. dr. Gert Vermeulen is full professor of international and European criminal law and department chair criminal law and criminology at Ghent University, director of the Institute for International Research on Criminal Policy (IRCP) and extraordinary professor of evidence at Maastricht University.
Nina Peršak is research professor in the area of criminology and sociology of law, Institute for International Research on Criminal Policy (IRCP), Faculty of Law, Ghent University.
The disqualification triad (IRCP-series, vol. 45)
In answer to a call from the European Commission, the authors have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross-border perspective. To that end, academics, policy makers and practitioners in the member states have been consulted.
Analysis reveals a wide variety in the typology of disqualifications as a sanction measure, persons to whom the disqualifications can be imposed and authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto, information on foreign disqualifications is scarce and rarely used in practice.
To ensure a comprehensive and consistent policy approach, the authors have come up with a so-called disqualification triad, comprising (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad was further elaborated in three case studies, being public procurement disqualifications, disqualifications from working with children and driving disqualifications.
This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved.
The disqualification triad (IRCP-series, vol. 45)
In answer to a call from the European Commission, the authors have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross-border perspective. To that end, academics, policy makers and practitioners in the member states have been consulted.
Analysis reveals a wide variety in the typology of disqualifications as a sanction measure, persons to whom the disqualifications can be imposed and authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto, information on foreign disqualifications is scarce and rarely used in practice.
To ensure a comprehensive and consistent policy approach, the authors have come up with a so-called disqualification triad, comprising (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad was further elaborated in three case studies, being public procurement disqualifications, disqualifications from working with children and driving disqualifications.
This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved.
