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Accountability, International Business Operations and the Law: Providing Justice for Corporate Human Rights Violations in Global Value Chains (Globalization: Law and Policy)
by Liesbeth Enneking Ivo Giesen Anne-Jetske Schaap Cedric Ryngaert François Kristen Lucas RoordaA consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.
Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance (Oxford Studies in European Law)
by Menelaos MarkakisFollowing the financial and public debt crisis, the EU's Economic and Monetary Union (EMU) has been under intense political scrutiny. The measures adopted in response to the crisis have granted additional powers to the EU (and national) authorities, the exercise of which can have massive implications for the economies of the Member States, financial institutions and, of course, citizens. The following questions arise: how can we hold accountable those institutions that are exercising power at the national and EU level? What is the appropriate level, type and degree of accountability and transparency that should be involved in the development of the EU's governance structures in the areas of fiscal and economic governance and the Banking Union? What is the role of parliaments and courts in holding those institutions accountable for the exercise of their duties? Is the revised EMU framework democratically legitimate? How can we bridge the gap between the citizens - and the institutions that represent them - and those institutions that are making these important decisions in the field of economic and monetary policy? This book principally examines the mechanisms for political and legal accountability in the EMU and the Banking Union. It examines the implications that the reforms of EU economic governance have had for the locus and strength of executive power in the Union, as well as the role of parliaments (and other political fora) and courts in holding the institutions acting in this area accountable for the exercise of their tasks. It further sets out several proposals regarding transparency, accountability, and legitimacy in the EMU.
Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance (Oxford Studies in European Law)
by Menelaos MarkakisFollowing the financial and public debt crisis, the EU's Economic and Monetary Union (EMU) has been under intense political scrutiny. The measures adopted in response to the crisis have granted additional powers to the EU (and national) authorities, the exercise of which can have massive implications for the economies of the Member States, financial institutions and, of course, citizens. The following questions arise: how can we hold accountable those institutions that are exercising power at the national and EU level? What is the appropriate level, type and degree of accountability and transparency that should be involved in the development of the EU's governance structures in the areas of fiscal and economic governance and the Banking Union? What is the role of parliaments and courts in holding those institutions accountable for the exercise of their duties? Is the revised EMU framework democratically legitimate? How can we bridge the gap between the citizens - and the institutions that represent them - and those institutions that are making these important decisions in the field of economic and monetary policy? This book principally examines the mechanisms for political and legal accountability in the EMU and the Banking Union. It examines the implications that the reforms of EU economic governance have had for the locus and strength of executive power in the Union, as well as the role of parliaments (and other political fora) and courts in holding the institutions acting in this area accountable for the exercise of their tasks. It further sets out several proposals regarding transparency, accountability, and legitimacy in the EMU.
Accountability in the Contemporary Constitution
by NICHOLAS BAMFORTH PETER LEYLANDAccountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.
Accountability in Public Policy Partnerships
by J. SteetsA PDF version of this book is available for free in open access via the OAPEN Library platform, www.oapen.org. This book presents a new model of accountability which ensures that public-private partnerships don't erode public accountability. It defines concrete accountability standards for different types of partnerships.
Accountability in EU Security and Defence: The Law and Practice of Peacebuilding (Oxford Studies in European Law)
by Carolyn MoserCurrently, some 2,500 civilian experts work across Europe, Africa, and Asia in ten ongoing civilian missions launched under the Common Security and Defence Policy (CSDP). Mandates cover a broad range of multidimensional tasks, such as rule of law support, law enforcement capacity building, or security sector reform. Numerous (recent) incidents from the field underscore that there are serious institutional as well as procedural weaknesses and irregularities tied to accountability in these EU peacebuilding missions. This title offers a comprehensive legal analysis and empirical study of accountability concerning the Union's peacebuilding endeavours, also referred to as civilian crisis management. Along with examining the governance credentials of EU peacebuilding, the monograph thoroughly scrutinizes de jure and de facto accountability arrangements of political, legal, and administrative nature existing in the domestic sphere, at EU level, and across levels. With a view to providing for a nuanced picture, the assessment further distinguishes between different accountability finalities and evaluates the appropriateness of existing accountability arrangements in civilian crisis management based on a combination of quantitative and qualitative criteria.
Accountability in EU Security and Defence: The Law and Practice of Peacebuilding (Oxford Studies in European Law)
by Carolyn MoserCurrently, some 2,500 civilian experts work across Europe, Africa, and Asia in ten ongoing civilian missions launched under the Common Security and Defence Policy (CSDP). Mandates cover a broad range of multidimensional tasks, such as rule of law support, law enforcement capacity building, or security sector reform. Numerous (recent) incidents from the field underscore that there are serious institutional as well as procedural weaknesses and irregularities tied to accountability in these EU peacebuilding missions. This title offers a comprehensive legal analysis and empirical study of accountability concerning the Union's peacebuilding endeavours, also referred to as civilian crisis management. Along with examining the governance credentials of EU peacebuilding, the monograph thoroughly scrutinizes de jure and de facto accountability arrangements of political, legal, and administrative nature existing in the domestic sphere, at EU level, and across levels. With a view to providing for a nuanced picture, the assessment further distinguishes between different accountability finalities and evaluates the appropriateness of existing accountability arrangements in civilian crisis management based on a combination of quantitative and qualitative criteria.
Accountability, Impeachment and the Constitution: The Case for a Modernised Process in the United Kingdom (Routledge Frontiers in Accountability Studies)
by Chris MonaghanThis book sets out and explores the case for a modernised impeachment process for the United Kingdom. The work examines the present law and history of impeachment in the United Kingdom, which today is widely regarded as having fallen into desuetude and its procedures inappropriate for modern conditions. It discusses how impeachment operates in two countries, the United States and Denmark, selected respectively for their marked differences from and similarities to the United Kingdom’s political and constitutional system, for the purposes of illumination and possible lessons for a new impeachment process. The book seeks to provide a balanced and independent examination of the case for this, concluding that it would have a valuable role to play in the future development of the United Kingdom’s system of politics and government. It concludes by setting out a detailed model for the structure, working and effect of impeachment. The book will be of interest to students, academics and policy-makers working in the areas of constitutional law and politics.
Accountability, Impeachment and the Constitution: The Case for a Modernised Process in the United Kingdom (Routledge Frontiers in Accountability Studies)
by Chris MonaghanThis book sets out and explores the case for a modernised impeachment process for the United Kingdom. The work examines the present law and history of impeachment in the United Kingdom, which today is widely regarded as having fallen into desuetude and its procedures inappropriate for modern conditions. It discusses how impeachment operates in two countries, the United States and Denmark, selected respectively for their marked differences from and similarities to the United Kingdom’s political and constitutional system, for the purposes of illumination and possible lessons for a new impeachment process. The book seeks to provide a balanced and independent examination of the case for this, concluding that it would have a valuable role to play in the future development of the United Kingdom’s system of politics and government. It concludes by setting out a detailed model for the structure, working and effect of impeachment. The book will be of interest to students, academics and policy-makers working in the areas of constitutional law and politics.
The Accountability Gap in EU law: Mind the Gap (Routledge Research in Constitutional Law)
by Marios CostaAlmost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.
The Accountability Gap in EU law: Mind the Gap (Routledge Research in Constitutional Law)
by Marios CostaAlmost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.
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.