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Author:
Publisher: Editions Bréal
ISBN: 2749523192
Category :
Languages : en
Pages : 163

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Author: Stefano Manacorda
Publisher: Springer Science & Business
ISBN: 331904480X
Category : Social Science
Languages : en
Pages : 526

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Book Description
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.

Author: Helen Anderson
Publisher: Kluwer Law International B.V.
ISBN: 9041126740
Category : Law
Languages : en
Pages : 354

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Book Description
This collection of essays describes and analyzes the legal regimes governing directors' liability for corporate fault and default across eleven important trading jurisdictions.

Author: James Gobert
Publisher: Taylor & Francis
ISBN: 1136741518
Category : Law
Languages : en
Pages : 381

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Book Description
When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.

Author: Stanislaw Tosza
Publisher: Bloomsbury Publishing
ISBN: 1509914986
Category : Law
Languages : en
Pages : 355

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Book Description
Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Author: Dónal O'Mathúna
Publisher: Springer Nature
ISBN: 303115746X
Category : Medical
Languages : en
Pages : 211

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Book Description
This Open Access book provides illustrative case studies that explore various research and innovation topics that raise challenges requiring ethical reflection and careful policymaking responses. The cases highlight diverse ethical challenges and provide lessons for the various options available for policymaking. Cases are drawn from many fields, including artificial intelligence, space science, energy, data protection, professional research practice and pandemic planning. Case studies are particularly helpful with ethical issues to provide crucial context. This book reflects the ambiguity of ethical dilemmas in contemporary policymaking. Analyses reflect current debates where consensus has not yet been achieved. These cases illustrate key points made throughout the PRO-RES EU-funded project from which they arise: that ethical judgement is a fluid enterprise, where values, principles and standards must constantly adjust to new situations, new events and new research developments. This book is an indispensable aid to policymaking that addresses, and/or uses evidence from, novel research developments.

Author: Vanessa Franssen
Publisher: Bloomsbury Publishing
ISBN: 1509932887
Category : Law
Languages : en
Pages : 440

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Book Description
This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.

Author: Iwona Seredyńska
Publisher: Springer Science & Business Media
ISBN: 3642228577
Category : Law
Languages : en
Pages : 289

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Book Description
This work is a multidisciplinary analysis of the issue of insider dealing from the perspective of the applicability of criminal law to regulate it. First, it examines the nature of its prohibition in the European Union and in the United States of America. The text includes a more extensive overview of prohibition in four Member States of the European Union (France, the United Kingdom, Luxembourg and Poland). Then, it summarises the arguments presented by ethicists and economists in favour of and against insider dealing. Further, it analyses the foundations of criminal law and justifications that are given for its application. On the basis of this analysis, it presents a new two-step theory of criminalisation. The first step is based on a liberal theory of wrongfulness that makes reference to protection of the basic human rights. The second step relies on classical but often forgotten principles of criminal law. Finally, it examines possible alternatives to criminal rules.

Author: OECD
Publisher: OECD Publishing
ISBN: 926408696X
Category :
Languages : en
Pages : 223

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Book Description
This report maps and analyses the core issues which together make up effective regulatory management for France, laying down a framework of what should be driving regulatory policy and reform in the future.

Author: Katalin Ligeti
Publisher: Bloomsbury Publishing
ISBN: 150991790X
Category : Law
Languages : en
Pages : 439

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Book Description
White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions. The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors explore those challenging issues regarding the field of economic and financial crime, including the Senior Managers Regime, corporate criminal liability, and whistle-blowers' protection. Timely and pertinent, this is an important new work in a fast-moving field.