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Compliance with International Human Rights Law in Africa: Essays in Honour of Frans Viljoen
by Aderomola AdeolaThis collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
Compliance with International Human Rights Law in Africa: Essays in Honour of Frans Viljoen
by Aderomola AdeolaThis collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues
by Ashish Bharadwaj Vishwas H. Devaiah Indranath GuptaThis book is open access under a CC BY 4.0 license.With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.
Complicit: How We Enable the Unethical and How to Stop
by Max H. BazermanWhat all of us can do to fight the pervasive human tendency to enable wrongdoing in the workplace, politics, and beyondIt is easy to condemn obvious wrongdoers such as Elizabeth Holmes, Harvey Weinstein, and the Sackler family. But we rarely think about the many people who supported their unethical or criminal behavior. In each case there was a supporting cast of complicitors: business partners, employees, investors, news organizations, and others. And, whether we’re aware of it or not, almost all of us have been complicit in the unethical behavior of others. In Complicit, Harvard Business School professor Max Bazerman confronts our complicity head-on and offers strategies for recognizing and avoiding the psychological and other traps that lead us to ignore, condone, or actively support wrongdoing in our businesses, organizations, communities, politics, and more.Complicit tells compelling stories of those who enabled the Theranos and WeWork scandals, the opioid crisis, the sexual abuse that led to the #MeToo movement, and the January 6th U.S. Capitol attack. The book describes seven different behavioral profiles that can lead to complicity in wrongdoing, ranging from true partners to those who unknowingly benefit from systemic privilege, including white privilege, and it tells the story of Bazerman’s own brushes with complicity. Complicit also offers concrete and detailed solutions, describing how individuals, leaders, and organizations can more effectively prevent complicity.By challenging the notion that a few bad apples are responsible for society’s ills, Complicit implicates us all—and offers a path to creating a more ethical world.
Complicity: Ethics and Law for a Collective Age (PDF) (Cambridge Studies In Philosophy And Law Ser.)
by Christopher KutzWe live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of contemporary moral theory. Christopher Kutz shows that the two prevailing theories of moral philosophy, Kantianism and consequentialism, both have difficulties resolving problems of complicity. He then argues for a richer theory of accountability in which any real understanding of collective action not only allows but demands individual responsibility.
Complicity and its Limits in the Law of International Responsibility
by Vladyslav LanovoyThis book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs.
Complicity and its Limits in the Law of International Responsibility (Studies In International Law Ser.)
by Vladyslav LanovoyThis book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs.
Complicity and the Law of International Organizations: Responsibility for Human Rights and Humanitarian Law Violations in UN Peace Operations (Elgar International Law series)
by Magdalena PacholskaThis timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment. Building on existing scholarship on State responsibility for aid or assistance, this incisive book is the first to focus on how the complicity of international organizations in human rights and humanitarian law violations can be established. Through a re-examination of classic legal notions such as due diligence and effective control, and their application to the problem of UN responsibility for complicity, Dr Magdalena Pacholska provides a pertinent analysis of the complex issues surrounding the UN’s legal exposure for its activities in the field of peace and security. Legal advisers working for the UN and other international organizations, national Ministries of Defence, and courts with jurisdiction in this area, will find this book’s insights both valuable and useful in practice. It will also be of interest to scholars and employees of NGOs with a focus on international humanitarian law and the accountability of international organizations.
Complicity in International Criminal Law (Studies in International Law)
by Marina AksenovaThis book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice.This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion.
Complicity in International Criminal Law (Studies in International Law)
by Marina AksenovaThis book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice.This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion.
Complicity in International Law (Oxford Monographs in International Law)
by Miles JacksonThis book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
Complicity in International Law (Oxford Monographs in International Law)
by Miles JacksonThis book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
The Components of Sustainable Development: Engagement and Partnership (Approaches to Global Sustainability, Markets, and Governance)
by David Crowther Shahla SeifiThis book focuses on the application of sustainable development principles through consultation with, and partnerships between commerce and the community. Offering international perspectives, the authors show that the issues are global and that we can best arrive at solutions through a synthesis of these various perspectives. The book also examines changes to corporate and institutional behavior and discusses the extent to which the focus has changed, making it necessary to consider new approaches to our understanding of sustainability and differing effects in practice.This approach is based on the tradition of the Social Responsibility Research Network, which in its 17-year history has sought to broaden the discourse and to treat all research as inter-related and relevant to business. This book consists of the best contributions from the 17th International Conference on Corporate Social Responsibility and 8th Organisational Governance Conference, held in Bangalore, India in September 2018
Composting and Recycling Municipal Solid Waste (CRC Press Revivals)
by Luis F. Diaz Clarence G. Golueke George M. Savage Linda L. EggerthComposting and Recycling Municipal Solid Waste is a comprehensive guide that identifies, describes, explains, and evaluates the options available when composting and recycling municipal solid waste (MSW). The book begins with an introductory chapter on the nature of MSW and the importance of solid waste management programs and resource recovery. Chapter 2 discusses MSW storage and collection, with emphasis on recyclables. Chapter 3 examines issues involved in determining the quantity, composition, and key physical characteristics of the MSW to be managed and processed. The book's other chapters cover topics such as the steps required for processing MSW for material recovery, the use of uncomposted organic matter as a soil amendment, composting and use of compost product, the marketing of recyclables, biogasification, and integrated waste management. Composting and Recycling Municipal Solid Waste provides essential information needed by solid waste professionals, consultants, regulators, and planners to arrive at rational decisions regarding available economic and technological resources for MSW composting and recycling.
Composting and Recycling Municipal Solid Waste (CRC Press Revivals)
by Luis F. Diaz Clarence G. Golueke George M. Savage Linda L. EggerthComposting and Recycling Municipal Solid Waste is a comprehensive guide that identifies, describes, explains, and evaluates the options available when composting and recycling municipal solid waste (MSW). The book begins with an introductory chapter on the nature of MSW and the importance of solid waste management programs and resource recovery. Chapter 2 discusses MSW storage and collection, with emphasis on recyclables. Chapter 3 examines issues involved in determining the quantity, composition, and key physical characteristics of the MSW to be managed and processed. The book's other chapters cover topics such as the steps required for processing MSW for material recovery, the use of uncomposted organic matter as a soil amendment, composting and use of compost product, the marketing of recyclables, biogasification, and integrated waste management. Composting and Recycling Municipal Solid Waste provides essential information needed by solid waste professionals, consultants, regulators, and planners to arrive at rational decisions regarding available economic and technological resources for MSW composting and recycling.
Comprehensive Financial Planning Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners
by David Edward Marcinko Hope Rachel HeticoDrawing on the expertise of multi-degreed doctors, and multi-certified financial advisors, Comprehensive Financial Planning Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners will shape the industry landscape for the next generation as the current ecosystem strives to keep pace.Traditional g
Comprehensive GST Law Referencer
by Puneet Agrawal Vipan Aggarwal1. This book comprises of full text of all Central Acts (CGST, IGST, UTGST, and GST Compensation to States) and their respective Rules, Notifications, Forms, Circulars and Orders related to GST. 2. This book contains Cross-referencing of relevant Notifications, Rules, Forms, Circulars and Orders (with description) with each section, and vice-versa. 3. It also contains all notifications (except rate notifications), circulars and orders duly indexed with description alongwith reference of relevant sections/rules. 4. This cross referencing will help the readers to know the relevant related provisions at one place instead of going through the whole of lot of rules, notifications, circulars and orders. 5. This book contains notifications as originally issued as also the notifications as amended from time to time. Amendments, if any, in each notification is presented in form of a table above every notification along with brief gist of amendment which will help the readers to know the amendments in a single glance. 6. The Detailed Table of Contents relating to notifications (Part-2) and circulars/orders (Part-3) contains brief description of each notification/circular/order which will help the readers to easily locate the relevant notification/circular/order which he is searching for. 7. This book will be constantly and timely updated.
Comprehensive Intellectual Capital Management: Step-by-Step
by Nermien Al-AliLearn the fundamentals, practices and models of intellectual capital management with this essential resource. Providing a business-oriented, critical review of the definitions, practices, tools and models that are available today, its approach enables you to understand and retain the cutting-edge issues in the emerging field of intellectual capital management. Includes a diagnostic tool that you can use to assess your position on the continuum of intellectual capital management and leverage your competitive advantage Provides plenty of real-life examples and case studies, including Dow Chemical and American Skandia Offers checklists for steps required for the three main processes of intellectual capital management: knowledge, innovation and intellectual property management . . . and more! Order your copy today!
A Comprehensive Look at Fraud Identification and Prevention
by James R. YoungbloodDesigned to educate individuals, loss prevention associates, businesses, and consultants on the many faces of fraud in today's technologically advanced society, this book presents tips, advice, and recommendations for fraud awareness, protection, and prevention. It covers employee theft, organizational fraud, consumer fraud, identity theft, Ponzi and Pyramid schemes, and cyber crime/ fraud. It also examines how some fraud typologies can overlap and co-mingle and the best ways to make an organization's or individual's financial assets a harder target for fraud and victimization.
A Comprehensive Look at Fraud Identification and Prevention
by James R. YoungbloodDesigned to educate individuals, loss prevention associates, businesses, and consultants on the many faces of fraud in today's technologically advanced society, this book presents tips, advice, and recommendations for fraud awareness, protection, and prevention. It covers employee theft, organizational fraud, consumer fraud, identity theft, Ponzi and Pyramid schemes, and cyber crime/ fraud. It also examines how some fraud typologies can overlap and co-mingle and the best ways to make an organization's or individual's financial assets a harder target for fraud and victimization.
Compromise, Peace and Public Justification: Political Morality Beyond Justice
by Fabian WendtThis book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation between peace and justice, the nature of modus vivendi arrangements and the connections between compromise, liberal institutions and legitimacy. In exploring the morality of compromising, the book thus provides some outlines for a map of political morality beyond justice.
Compulsory Insurance and Compensation for Bunker Oil Pollution Damage (Hamburg Studies on Maritime Affairs #5)
by Ling ZhuOil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.
Compulsory Licensing: Practical Experiences and Ways Forward (MPI Studies on Intellectual Property and Competition Law #22)
by Reto M. Hilty Kung-Chung LiuUnder the auspices of the Max Planck Institute for Intellectual Property and Competition Law (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a group of twenty scholars from around the world gathered to study the experiences made with regards to compulsory licensing. The results are demonstrated in this book. Different articles analyze how the international conventions on intellectual property may be interpreted and explore the related doctrinal groundwork surrounding compulsory patent licensing and beyond. It is shown how the compulsory licensing regime could be transformed into a truly workable mechanism facilitating the speedy use and dissemination of innovation and other subject matters of protection.
Compulsory Mental Health Interventions and the CRPD: Minding Equality (Hart Studies in Law and Health)
by Anna NilssonThis book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.
Compulsory Mental Health Interventions and the CRPD: Minding Equality (Hart Studies in Law and Health)
by Anna NilssonThis book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.