The need for more stringent regulation of multinational
corporations (MNCs) is discernible in the adverse human rights
impact of business activities in conflict-prone regions of the
world. Domestic jurisdictions appear reluctant to vigorously pursue
mandatory enforcement of human rights standards vis-a-vis the
private sector for violations committed abroad. The international
system, in turn, has not yet put in place any effective compliance
mechanism beyond regulatory supervision. The difficulties of
prosecution by home and host states, and the propensity of MNCs to
exploit the principles of separate legal personality and limited
liability, pose certain challenges. Seeking to address the problem
of corporate involvement in grave human rights abuse (i.e.
genocide, crimes against humanity, and war crimes), this study
explores the desirability and feasibility of subjecting business
enterprises to regulation through international criminal law. It
draws upon holistic methods for uncovering organizational fault,
suggesting the necessity to align the culpability of legal persons
with the peculiarities of institutional form and dynamics. The book
discusses the instrumentality of existing Rome Statute provisions
with regard to both corporations and corporate agents, and puts
forward a sui generis model for constructing the criminal liability
of MNCs.
General
| Imprint: |
Intersentia Publishers
|
| Country of origin: |
Belgium |
| Series: |
School of Human Rights Research, 38 |
| Release date: |
February 2010 |
| First published: |
April 2010 |
| Authors: |
Desislava Stoitchkova
|
| Dimensions: |
240 x 170 x 18mm (L x W x T) |
| Format: |
Paperback
|
| Pages: |
318 |
| ISBN-13: |
978-9400000247 |
| Categories: |
Books >
Law >
General
Promotions
|
| LSN: |
9400000243 |
| Barcode: |
9789400000247 |
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