RIDP2017Vol88/issue2 – Prosecuting Corporations for Violations of International Criminal Law: Jurisdictional Issues
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.
RIDP2017Vol88/issue2 – Prosecuting Corporations for Violations of International Criminal Law: Jurisdictional Issues
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.
Politionele recherchetechnieken. Een praktijkoverzicht
Politionele recherchetechnieken. Een praktijkoverzicht
Stalking in the Netherlands. Nature and prevalence of the problem and the effectiveness of anti-stalking measures (Reeks Intervict)
The phenomenon of stalking has not been the topic of much research and this goes all the more for stalking in the Netherlands. In this book, an account is given of the nature and prevalence of the problem, of the effectiveness and the (dis)advantages of resorting to the police, and of the pros and cons of two alternative anti-stalking measures: hiring the services of a private investigation and protection agency and obtaining a civil restraining order.
Suzan van der Aa (Tilburg, 1982) studied criminal law at Tilburg University. In September 2005, she started working as a Ph. D. candidate at the International Victimology Institute Tilburg (INTERVICT). In addition, she conducted several applied research projects for third parties, such as the Dutch Ministry of Justice and the European Commission. Recently, she has accepted a position as senior researcher (Universitair Docent) at INTERVICT. This book is her doctoral thesis.
Stalking in the Netherlands. Nature and prevalence of the problem and the effectiveness of anti-stalking measures (Reeks Intervict)
The phenomenon of stalking has not been the topic of much research and this goes all the more for stalking in the Netherlands. In this book, an account is given of the nature and prevalence of the problem, of the effectiveness and the (dis)advantages of resorting to the police, and of the pros and cons of two alternative anti-stalking measures: hiring the services of a private investigation and protection agency and obtaining a civil restraining order.
Suzan van der Aa (Tilburg, 1982) studied criminal law at Tilburg University. In September 2005, she started working as a Ph. D. candidate at the International Victimology Institute Tilburg (INTERVICT). In addition, she conducted several applied research projects for third parties, such as the Dutch Ministry of Justice and the European Commission. Recently, she has accepted a position as senior researcher (Universitair Docent) at INTERVICT. This book is her doctoral thesis.
The new EU directive on mediation (AIA – Association for International Arbitration Series)
The reader will find some typical mediation related aspects critically discussed.
strong>Philippe Billiet and Ewa Kurlanda introduce the reader to the rise of the European pro-mediation idea and the characteristics of the New Mediation Directive. The Directive itself are being assessed more critically by Phillip Howell-Richardson. Frank Fleerackers presents the way how the training of mediators (one of the key rules of the New Mediation Directive) should be implemented into the European education practice of mediators. Ivan Verougstraete, president of Gemme, discusses the task and possibilities of judges to invite parties to participate in mediation. At last, this work provides some comparative discussions of the European, American and Chinese perspectives on mediation and mediation practices. William O’Brian assesses how European mediation can be improved by looking at some American mediation issues. Li Mingqian demonstrates how far Chinese mediation perspectives can be reconciled with the current European mediation philosophy.
The new EU directive on mediation (AIA – Association for International Arbitration Series)
The reader will find some typical mediation related aspects critically discussed.
strong>Philippe Billiet and Ewa Kurlanda introduce the reader to the rise of the European pro-mediation idea and the characteristics of the New Mediation Directive. The Directive itself are being assessed more critically by Phillip Howell-Richardson. Frank Fleerackers presents the way how the training of mediators (one of the key rules of the New Mediation Directive) should be implemented into the European education practice of mediators. Ivan Verougstraete, president of Gemme, discusses the task and possibilities of judges to invite parties to participate in mediation. At last, this work provides some comparative discussions of the European, American and Chinese perspectives on mediation and mediation practices. William O’Brian assesses how European mediation can be improved by looking at some American mediation issues. Li Mingqian demonstrates how far Chinese mediation perspectives can be reconciled with the current European mediation philosophy.