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Accountability for Violations of International Humanitarian Law: Essays in Honour of Tim McCormack (Routledge Research in the Law of Armed Conflict)
by Jadranka PetrovicInternational criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.
Accountability for Violations of International Humanitarian Law: Essays in Honour of Tim McCormack (Routledge Research in the Law of Armed Conflict)
by Jadranka PetrovicInternational criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.
Accountability for Mass Starvation: Testing the Limits of the Law (Oxford Monographs in International Humanitarian & Criminal Law)
by Bridget Conley, Alex De Waal, Catriona Murdoch and Wayne Jordash QcFamine is an age-old scourge that almost disappeared in our lifetime. Between 2000 and 2011 there were no famines and deaths in humanitarian emergencies were much reduced. The humanitarian agenda was ascendant. Then, in 2017, the United Nations identified four situations that threatened famine or breached that threshold in north-eastern Nigeria, Somalia, South Sudan, and Yemen. Today, this list is longer. Each of these famines is the result of military actions and exclusionary, authoritarian politics conducted without regard to the wellbeing or even the survival of people. Violations of international law including blockading ports, attacks on health facilities, violence against humanitarian workers, and obstruction of relief aid are carried out with renewed impunity. Yet there is an array of legal offenses, ranging from war crimes and crimes against humanity to genocide, available to a prosecutor to hold individuals to account for the deliberate starvation of civilians. However, there has been a dearth of investigations and accountability for those violating international law. The reasons for this neglect and the gaps between the black-letter law and practice are explored in this timely volume. It provides a comprehensive overview of the key themes and cases required to catalyze a new approach to understanding the law as it relates to starvation. It also illustrates the complications of historical and ongoing situations where starvation is used as a weapon of war, and provides expert analysis on defining starvation, early warning systems, gender and mass starvation, the use of sanctions, journalistic reporting, and memorialization of famine.
Accountability for Mass Starvation: Testing the Limits of the Law (Oxford Monographs in International Humanitarian & Criminal Law)
Famine is an age-old scourge that almost disappeared in our lifetime. Between 2000 and 2011 there were no famines and deaths in humanitarian emergencies were much reduced. The humanitarian agenda was ascendant. Then, in 2017, the United Nations identified four situations that threatened famine or breached that threshold in north-eastern Nigeria, Somalia, South Sudan, and Yemen. Today, this list is longer. Each of these famines is the result of military actions and exclusionary, authoritarian politics conducted without regard to the wellbeing or even the survival of people. Violations of international law including blockading ports, attacks on health facilities, violence against humanitarian workers, and obstruction of relief aid are carried out with renewed impunity. Yet there is an array of legal offenses, ranging from war crimes and crimes against humanity to genocide, available to a prosecutor to hold individuals to account for the deliberate starvation of civilians. However, there has been a dearth of investigations and accountability for those violating international law. The reasons for this neglect and the gaps between the black-letter law and practice are explored in this timely volume. It provides a comprehensive overview of the key themes and cases required to catalyze a new approach to understanding the law as it relates to starvation. It also illustrates the complications of historical and ongoing situations where starvation is used as a weapon of war, and provides expert analysis on defining starvation, early warning systems, gender and mass starvation, the use of sanctions, journalistic reporting, and memorialization of famine.
Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor
by Mohamed OthmanThe book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with „the greatest responsibility" for serious international humanitarian law violations.
Accountability, Ethics and Sustainability of Organizations: New Theories, Strategies and Tools for Survival and Growth (Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application)
by Sandro Brunelli Emiliano Di CarloThis book explains how the traditional paradigm of private and public organizations is changing as a result of the multiple factors that are affecting the way in which goods and services are produced, and for whom they are produced. In view of these disruptive trends, the theory of the firm needs to be updated and to some extent rethought. Moreover, diverse challenges and opportunities such as climate change, aging populations, and new public accountability requirements are necessitating novel frameworks to ensure the long-term survival of public and private organizations. Against this backdrop, the authors contribute to the debate over the firm’s primary interest by proposing a new way of viewing the nature of the firm and its relationship with stakeholders. In addition, they carefully analyze the challenges and opportunities mentioned above, evaluating their significance for various important aspects of organizations through different lenses. Global in scope, the book also takes the United Nations Sustainability Development Goals into account. Accordingly, it will be of interest to all readers seeking a better understanding of the evolving nature of firms and organizations in our changing world.
Accountability and Transparency in the Modern Anthropocene
by Glen LehmanThe book is about accountability processes and how they contribute solutions to our current environmental and global political problems. This book is different to other literature in this field. This is so because the dominant accountability discourse is shaped by what is defined as a neoliberal business case for social and environmental reform. This book assumes a nirvana stance within globalisation where all citizens operate within the parameters of the free market and will recover from adverse economic and political damage. Further this book uses neoliberalism and free-market reforms aims as examples to implement efficient management technologies and create more competitive pressures. Central to the argument of the book are perspectives on authenticity, expressivism and interpretivism which are found to provide a radical reworking of our understanding of being in the world. These frameworks offer a starting point for rethinking the way individuals, businesses and communities ought to be dealing politically with accountability and ecological crises. The argument builds to an accountability perspective that utilises work from expressivism, interpretivism, classical liberalism and postmodern theory. The theoretical quest undertaken in this book is to develop connections between accountability, democratic, ethical and ecological perspectives.
Accountability and the Law: Rights, Authority and Transparency of Public Power (ISSN)
by Piotr Mikuli Grzegorz KucaThis book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies.The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change.It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.
Accountability and the Law: Rights, Authority and Transparency of Public Power (ISSN)
by Piotr Mikuli Grzegorz KucaThis book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies.The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change.It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.
Accountability and Social Responsibility: International Perspectives (Developments in Corporate Governance and Responsibility #9)
by David Crowther Linne LauesenProbably since the mid-1980s, corporate governance has attracted a great deal of attention from corporate managers and investors’ protection has become a much more important issue for all financial markets after recent firm failures and scandals. Especially important for all with an interest in how organizational governance is formed around socially responsible and accountable ways of leadership and management, this book provides new insights into various issues regarding business management and governance, and points to ways for businesses to make a real change for the betterment of the world, especially in the aftermath of the recent financial crisis 2007/2008.
Accountability and Review in the Counter-Terrorist State
by Jessie Blackbourn Fiona De LondrasCounter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another. This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.
Accountability and Review in the Counter-Terrorist State
by Jessie Blackbourn Fiona De LondrasCounter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another. This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.
Accountability and Regulatory Governance: Audiences, Controls and Responsibilities in the Politics of Regulation (Executive Politics and Governance)
by Andrea C. Bianculli Xavier Fern�ndez-i-Mar�n Jacint JordanaThis collection improves our understanding of the problems associated to accountability in regulatory governance, focusing on audiences, controls and responsibilities in the politics of regulation and through a systematic exploration of the various mechanisms through which accountability in regulatory governance
According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family
by Angela Onwuachi-WilligThis landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law.
The Accomplice: The gripping, must-read thriller (Eddie Flynn Series)
by Steve CavanaghThe new Eddie Flynn novel from the Sunday Times and million copy bestselling author of THIRTEEN, FIFTY FIFTY and THE DEVIL'S ADVOCATE.'This guy is the real deal. Trust me.' LEE CHILD 'Top notch thrills and courtroom drama' SHARI LAPENA 'A terrific writer. He has talent to burn.' DON WINSLOWDaniel Miller murdered fourteen people before he vanished. His wife, Carrie, now faces trial as his accomplice. The FBI, the District Attorney, the media and everyone in America believe she knew and helped cover up her husband's crimes.Eddie Flynn won't take a case unless his client is innocent. Now, he has to prove to a jury, and the entire world, that Carrie Miller didn't know her husband's dark side. But so far, Eddie and his team are the only ones who believe that she had no part in the murders.With his wife on trial, Daniel Miller is forced to come out of hiding to save her from a life sentence. He will kill to protect her and everyone involved in the case is a target.Even Eddie Flynn...
Accommodating Muslims under Common Law: A Comparative Analysis
by Salim Farrar Ghena KrayemThe book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Accommodating Muslims under Common Law: A Comparative Analysis
by Salim Farrar Ghena KrayemThe book explores the relationship between Muslims, the Common Law and Sharīʽah post-9/11. The book looks at the accommodation of Sharīʽah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Sharīʽah by looking at how the flexibilities that exists in both the Common Law and Sharīʽah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Sharīʽah is not necessarily one that requires the establishment of a separate and parallel legal system.
Accommodating Diversity in Multilevel Constitutional Orders: Legal Mechanisms of Divergence and Convergence (Comparative Constitutional Change)
by Maja Sahad 382 I 263 Marjan Kos Jaka Kukavica Jakob Gasperin Wischhoff Julian ScholtesThis book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.
Accommodating Diversity in Multilevel Constitutional Orders: Legal Mechanisms of Divergence and Convergence (Comparative Constitutional Change)
by Maja Sahadžic Marjan Kos Jaka Kukavica Jakob Gašperin Wischhoff Julian ScholtesThis book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.
Accommodating Cultural Diversity (Applied Legal Philosophy)
by Stephen TierneyThis volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.
Accommodating Cultural Diversity (Applied Legal Philosophy)
by Stephen TierneyThis volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.
Accidental Intolerance: How We Stigmatize ADHD and How We Can Stop
by Susan C. HawthorneIn Accidental Intolerance, Susan Hawthorne argues that in the past few decades, our medical, scientific, and social approaches to ADHD have jointly -- but unintentionally-reinforced intolerance of ADHD-- diagnosed people. We have packed social values, such as interests in efficiency and productivity, into science and medicine. In turn, scientific results and medical practice reinforce the social values, and stigmatize those considered "disordered." Overreliance on the DSM model of ADHD contributes to this process; it may also slow the growth in our knowledge of mental health. Yet many of our current practices are optional. For ethical, practical, and scientific reasons, then, Hawthorne argues that those involved with ADHD-including clinicians, scientists, educators, parents, policy-makers, and diagnosed individuals-need to examine and change the attitudes, concepts, and practices typical of today's approaches. To make this case, Hawthorne examines both standard practices and ongoing controversies in medical, scientific, and social approaches to ADHD, showing why professionals in each setting have chosen the practices and concepts they have. She then explains how the varying approaches influence one another, and how we might interrupt the pattern. Shared goals-decreasing stigmatization, providing new options for diagnosed people, and increasing knowledge-can drive the much-needed change. Adopting inclusive, responsive decision making in all areas of practice will foster it. "Susan Hawthorne offers us a multifaceted, sensitive (and sensible) study of the emergence of ADHD as a distinct diagnostic condition in the last decade or so. Carefully analyzing the research from different disciplines and orientations, as well as the reports of experience of those so diagnosed and their families, she uncovers the ways in which values and factual findings from many directions have interacted to shape this psychiatric category. She concludes with recommendations intended to improve the scientific and clinical understanding of the phenomenon as well as the experience of ADHD-diagnosed individuals. An excellent contribution to contemporary science studies." - Helen Longino, Stanford University
Accidental Intolerance: How We Stigmatize ADHD and How We Can Stop
by Susan C. HawthorneIn Accidental Intolerance, Susan Hawthorne argues that in the past few decades, our medical, scientific, and social approaches to ADHD have jointly -- but unintentionally-reinforced intolerance of ADHD-- diagnosed people. We have packed social values, such as interests in efficiency and productivity, into science and medicine. In turn, scientific results and medical practice reinforce the social values, and stigmatize those considered "disordered." Overreliance on the DSM model of ADHD contributes to this process; it may also slow the growth in our knowledge of mental health. Yet many of our current practices are optional. For ethical, practical, and scientific reasons, then, Hawthorne argues that those involved with ADHD-including clinicians, scientists, educators, parents, policy-makers, and diagnosed individuals-need to examine and change the attitudes, concepts, and practices typical of today's approaches. To make this case, Hawthorne examines both standard practices and ongoing controversies in medical, scientific, and social approaches to ADHD, showing why professionals in each setting have chosen the practices and concepts they have. She then explains how the varying approaches influence one another, and how we might interrupt the pattern. Shared goals-decreasing stigmatization, providing new options for diagnosed people, and increasing knowledge-can drive the much-needed change. Adopting inclusive, responsive decision making in all areas of practice will foster it. "Susan Hawthorne offers us a multifaceted, sensitive (and sensible) study of the emergence of ADHD as a distinct diagnostic condition in the last decade or so. Carefully analyzing the research from different disciplines and orientations, as well as the reports of experience of those so diagnosed and their families, she uncovers the ways in which values and factual findings from many directions have interacted to shape this psychiatric category. She concludes with recommendations intended to improve the scientific and clinical understanding of the phenomenon as well as the experience of ADHD-diagnosed individuals. An excellent contribution to contemporary science studies." - Helen Longino, Stanford University
Accidental Feminism: Gender Parity and Selective Mobility among India’s Professional Elite
by Swethaa S. BallakrishnenExploring the unintentional production of seemingly feminist outcomes In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country’s lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces?Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism examines how a range of underlying mechanisms—gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories—afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, “accidental” developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist.In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.
Accident/Incident Prevention Techniques
by Charles D. ReesePublished more than ten years ago, the first edition of Accident/Incident Prevention Techniques provided clear, comprehensive guidance on how to mitigate the cost, in personnel and to the bottom line, of accidents/incidents in the workplace. Significantly revised and updated, this Second Edition takes its place as the A to Z hands-on guide to the r