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This volume examines legal matters regarding the prevention and
fighting of historical pollution caused by industrial emissions.
"Historical pollution" refers to the long-term or delayed onset
effects of environmental crimes such as groundwater or soil
pollution. Historical Pollution presents and compares national
legal approaches, including the most interesting and effective
mechanisms for managing environmental problems in relation with
historical pollution. It features interdisciplinary and
international comparisons of traditional and alternative justice
mechanisms. This book will be of interest to researchers in
criminology and criminal justice and related areas, such as
politics, law, and economics, those in the public and private
sectors dealing with environmental protection, including
international institutions, corporations, specialized national
agencies, those involved in the criminal justice system, and
policymakers.
The theft, trafficking, and falsification of cultural property and
cultural heritage objects are crimes of a particularly complex
nature, which often have international ramifications and
significant economic consequences. Organized criminal groups of
various types and origins are involved in these illegal acts. The
book Crime in the Art and Antiquities World has contributions both
from researchers specializing in the illegal trafficking of art,
and representatives of international institutions involved with
prevention and detection of cultural property-related crimes, such
as Interpol and UNESCO. This work is a unique and useful reference
for scholars and private and public bodies alike. This innovative
volume also includes an Appendix of the existing legal texts, i.e.
international treaties, conventions, and resolutions, which have
not previously been available in a single volume. As anyone who has
undertaken research or study relating to the protection of cultural
heritage discovers one of the frustrations encountered is the
absence of ready access to the multi- various international
instruments which exist in the field. Since the end of the Second
World War these instruments have proliferated, first in response to
increasing recognition of the need for concerted multinational
action to give better protection to cultural property during armed
conflict as well as ensuring the repatriation of cultural property
looted during such conflict. Thus the international community
agreed in 1954 upon a Convention for the Protection of Cultural
Property in the Event of Armed Conflict. That Convention, typically
referred to as the Hague Convention of 1954, is now to be found
reproduced in the Appendix to this book (Appendix I) together with
25 other important and diverse documents that we believe represent
a core of the essential international sources of reference in this
subject area. In presenting these documents in one place we hope
that readers will now experience less frustration while having the
benefit of supplementing their understanding and interpretation of
the various instruments by referring to individual chapters in the
book dealing with a particular issue or topic. For example, Chapter
9 by Mathew Bogdanos provides some specific and at times rather
depressing descriptions of the application in the field of the
Hague Convention 1954, and its Protocols (Appendices II and III),
to the armed conflict in Iraq. Reference may also be had to the
resolution of the UN Security Council in May 2003 (Appendix VI)
urging Member States to take appropriate steps to facilitate the
safe return of looted Iraqi cultural property taken from the Iraq
National Museum, the National Library and other locations in Iraq.
Despite such pleas the international antiquities market seems to
have continued to trade such looted property in a largely
unfettered manner, as demonstrated by Neil Brodie in Chapter 7.
Fittingly, as referred to in the Preface to this book, the last
document contained in the Appendix (Appendix 26) is the "Charter of
Courmayeur", formulated at a ground breaking international workshop
on the protection of cultural property conducted by the
International Scientific and Professional Advisory Council (ISPAC)
to the United Nations Crime Prevention and Criminal Justice Program
in Courmayeur, Italy, in June 1992. The Charter makes mention of
many of the instruments contained in the Appendix while also
foreshadowing many of the developments which have taken place in
the ensuing two decades designed to combat illicit trafficking in
cultural property through international collaboration and action in
the arena of crime prevention and criminal justice.
This edited volume presents an innovative and critical analysis of
corporate compliance from an interdisciplinary and international
perspective. It defines the historical framework and the various
roles played by corporate compliance in today's context. It
questions how different cultures affect economic behaviors and
under which conditions the individual choices may be directed
toward law-abiding behavior. Examining corporate compliance as a
tool of criminal and regulatory policy strategies in different
countries and sectors, this book also aims to provide a picture of
the dimension and scope of the public-private partnership, focusing
on the prevention and detection of corporate crimes. It analyzes
the effects of corporate compliance on the internal organization in
terms of cost-benefit assessment, as well as the opportunities in
technical innovation for detecting and controlling risk.
This book presents the results of a two-year international research
project conducted for the United Nations Office on Drugs and Crime
(UNDOC) to investigate and provide solutions for reducing bribery
and corruption in corporations and institutions. It starts with an
empirical case study on the effectiveness of a set of
self-regulation rules adopted by multinational companies in the
energy sector. Second, it explores the context and factors leading
to corruption internationally (and the relationships between
domestic criminal law and self-regulation). Third, it examines
guidelines for the adoption of compliance programs developed by
international institutions, to serve as models for the future. The
principle result of the book is a three-pronged Anti-Bribery
Corruption Model (so called ABC Model), endorsed by the United
Nations, intended as a corruption prevention tool intended to be
adopted by private corporations. This work provides a common,
research-based standard for anti-bribery compliance programs, with
international applications. This work will be of interest to
researchers studying Criminology and Criminal Justice, particularly
in the areas of organized crime and corruption, as well as related
areas like Business Ethics and Comparative International Law.
This book focuses on the World Bank's sanctions system, which is an
innovative instrument of global governance implemented by the
leading multilateral development bank in order to impose penalties
on legal entities and individuals that are involved in
Bank-financed projects. Although similar regimes have also been
implemented by other regional multilateral development banks, the
World Bank's legal framework is currently the most comprehensive
one. The book offers a rich and detailed analysis of the sanctions
system, presenting an in-depth examination of all the phases of its
procedure with a special focus on key aspects such as the criteria
for assigning liability to legal entities and corporate groups, as
well as the World Bank's jurisdictional reach over non-contractors.
The book also explores the compatibility between the legal
framework implemented by the Bank and the rule of law, the role of
precedents, and the level of due process. It highlights the fact
that the sanctions system is currently characterized by a lack of
legal guarantees, and that there are compelling reasons for
supporting the argument that due process safeguards should be
applied to it in their entirety. To that end, the book conducts a
thorough analysis of specific procedural aspects such as the right
to a hearing, the right to evidence disclosure, the time limit
regime, the standard of proof and shift of the burden of proof, the
evidential value of a party's silence, and the consistency and
predictability of the World Bank's sentencing practice. The study
is conducted on the basis of a detailed and painstaking examination
of the most relevant decisions taken by the Sanctions Board,
providing the first-ever commentary on the World Bank's case law.
This book presents the results of a two-year international research
project conducted for the United Nations Office on Drugs and
Crime (UNDOC) to investigate and provide solutions for
reducing bribery and corruption in corporations and
institutions. It starts with an empirical case study on
the effectiveness of a set of self-regulation
rules adopted by multinational companies in the energy
sector. Second, it explores the context and factors leading
to corruption internationally (and the relationships between
domestic criminal law and self-regulation). Third, it
examines guidelines for the adoption of compliance programs
developed by international institutions, to serve as models
for the future. The principle result of the book is a three-pronged
Anti-Bribery Corruption Model (so called ABC Model), endorsed by
the United Nations, intended as a corruption prevention tool
intended to be adopted by private corporations. This work
provides a common, research-based standard for anti-bribery
compliance programs, with international applications. This
work will be of interest to researchers studying Criminology and
Criminal Justice, particularly in the areas of organized crime and
corruption, as well as related areas like Business Ethics and
Comparative International Law.
The theft, trafficking, and falsification of cultural property and
cultural heritage objects are crimes of a particularly complex
nature, which often have international ramifications and
significant economic consequences. Organized criminal groups of
various types and origins are involved in these illegal acts. The
book Crime in the Art and Antiquities World has contributions both
from researchers specializing in the illegal trafficking of art,
and representatives of international institutions involved with
prevention and detection of cultural property-related crimes, such
as Interpol and UNESCO. This work is a unique and useful reference
for scholars and private and public bodies alike. This innovative
volume also includes an Appendix of the existing legal texts, i.e.
international treaties, conventions, and resolutions, which have
not previously been available in a single volume. As anyone who has
undertaken research or study relating to the protection of cultural
heritage discovers one of the frustrations encountered is the
absence of ready access to the multi- various international
instruments which exist in the field. Since the end of the Second
World War these instruments have proliferated, first in response to
increasing recognition of the need for concerted multinational
action to give better protection to cultural property during armed
conflict as well as ensuring the repatriation of cultural property
looted during such conflict. Thus the international community
agreed in 1954 upon a Convention for the Protection of Cultural
Property in the Event of Armed Conflict. That Convention, typically
referred to as the Hague Convention of 1954, is now to be found
reproduced in the Appendix to this book (Appendix I) together with
25 other important and diverse documents that we believe represent
a core of the essential international sources of reference in this
subject area. In presenting these documents in one place we hope
that readers will now experience less frustration while having the
benefit of supplementing their understanding and interpretation of
the various instruments by referring to individual chapters in the
book dealing with a particular issue or topic. For example, Chapter
9 by Mathew Bogdanos provides some specific and at times rather
depressing descriptions of the application in the field of the
Hague Convention 1954, and its Protocols (Appendices II and III),
to the armed conflict in Iraq. Reference may also be had to the
resolution of the UN Security Council in May 2003 (Appendix VI)
urging Member States to take appropriate steps to facilitate the
safe return of looted Iraqi cultural property taken from the Iraq
National Museum, the National Library and other locations in Iraq.
Despite such pleas the international antiquities market seems to
have continued to trade such looted property in a largely
unfettered manner, as demonstrated by Neil Brodie in Chapter 7.
Fittingly, as referred to in the Preface to this book, the last
document contained in the Appendix (Appendix 26) is the "Charter of
Courmayeur", formulated at a ground breaking international workshop
on the protection of cultural property conducted by the
International Scientific and Professional Advisory Council (ISPAC)
to the United Nations Crime Prevention and Criminal Justice Program
in Courmayeur, Italy, in June 1992. The Charter makes mention of
many of the instruments contained in the Appendix while also
foreshadowing many of the developments which have taken place in
the ensuing two decades designed to combat illicit trafficking in
cultural property through international collaboration and action in
the arena of crime prevention and criminal justice.
This edited volume presents an innovative and critical analysis of
corporate compliance from an interdisciplinary and international
perspective. It defines the historical framework and the various
roles played by corporate compliance in today's context. It
questions how different cultures affect economic behaviors and
under which conditions the individual choices may be directed
toward law-abiding behavior. Examining corporate compliance as a
tool of criminal and regulatory policy strategies in different
countries and sectors, this book also aims to provide a picture of
the dimension and scope of the public-private partnership, focusing
on the prevention and detection of corporate crimes. It analyzes
the effects of corporate compliance on the internal organization in
terms of cost-benefit assessment, as well as the opportunities in
technical innovation for detecting and controlling risk.
This volume examines legal matters regarding the prevention and
fighting of historical pollution caused by industrial emissions.
"Historical pollution" refers to the long-term or delayed onset
effects of environmental crimes such as groundwater or soil
pollution. Historical Pollution presents and compares national
legal approaches, including the most interesting and effective
mechanisms for managing environmental problems in relation with
historical pollution. It features interdisciplinary and
international comparisons of traditional and alternative justice
mechanisms. This book will be of interest to researchers in
criminology and criminal justice and related areas, such as
politics, law, and economics, those in the public and private
sectors dealing with environmental protection, including
international institutions, corporations, specialized national
agencies, those involved in the criminal justice system, and
policymakers.
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