Towards Corporate Liability in International Criminal Law

Towards Corporate Liability in International Criminal Law
ISBN-10
9400000243
ISBN-13
9789400000247
Category
Law / International
Pages
240
Language
English
Published
2010
Publisher
Intersentia
Author
Desislava Stoitchkova

Description

The need for more stringent regulation of multinational corporations (MNCs) is discernible in the adverse human rights impact of business activities in conflict-prone regions of the world. Domestic jurisdictions appear reluctant to vigorously pursue mandatory enforcement of human rights standards vis-a-vis the private sector for violations committed abroad. The international system, in turn, has not yet put in place any effective compliance mechanism beyond regulatory supervision. The difficulties of prosecution by home and host states, and the propensity of MNCs to exploit the principles of separate legal personality and limited liability, pose certain challenges. Seeking to address the problem of corporate involvement in grave human rights abuse (i.e. genocide, crimes against humanity, and war crimes), this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law. It draws upon holistic methods for uncovering organizational fault, suggesting the necessity to align the culpability of legal persons with the peculiarities of institutional form and dynamics. The book discusses the instrumentality of existing Rome Statute provisions with regard to both corporations and corporate agents, and puts forward a sui generis model for constructing the criminal liability of MNCs.Ã?Â?

Get the book

Amazon.com
Amazon.com
Search the book
eBay.com
eBay.com
Search the book

Similar books