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Vol 23 No 5 May/June 2018

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International Law of Responsibility for Economic Crimes

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ISBN13: 9780792333586
ISBN: 0792333586
New Edition ISBN: 9780754647577
Published: June 1997
Publisher: Kluwer Law International
Country of Publication: uk
Format: Hardback
Price: Out of print

This work focuses upon the problem of indigenous spoliation in the developing countries. Unlike the traditional scholarship, which is concerned with the exploitation of the natural wealth of developing countries by transnational corporations, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are temporary custodians. Due to constraints of the state system and the lack of appropriate substantive municipal law, efforts to punish those responsible for the economic rape of entire nations and to recover spoliated funds have been frustrated and rendered insubstantial.;The challenge which the author attempts to answer is twofold. By using a multidisciplinary approach - and on the basis of data generated from empirical, cross-national research - he first makes the case for indigenous spoliation as a violation of international law. Then he attempts to articulate a coherent, internally consistent international legal standard for evaluating this type of international crime.;This volume is aimed at academics and practitioners, especially lawyers. It forms the second volume of the ""International Economic Development Law Series"", which focuses upon the enormous developmental challenges which exist worldwide for both the public and private sectors.

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Public International Law
Part 1 Indigenous Spoliation as an International Economic Crime: Indigenous Spoliation as an International Crime. Indigenous Spoliation as a Breach of Individual Rights Grounded in Conventional Law. Indigenous Spoliation as a Breach of International Customary Law of Fiduciary Relations. State Practice in International Fora with Respect to Fiduciary Relations. State Practice at the Domestic Level Criminalizing Acts of Corrupt Enrichment by Top State Officials.
Part 2 Responsibility and Accountability for the Crime of Indigenous Spoliation: The Cult of Sovereignty as an Obstacle to the Principle of Leadership Responsibility for International Economic Crimes. Judicial Barriers to Holding Heads of State Individually Liable for Acts of Indigenous Spoliation. Toward a Framework for Holding Constitutionally Responsible Rulers Individually Liable for Acts of Indigenous Spoliation. Legal Basis of Jurisdiction over Crimes of Indigenous Spoliation. Conclusion - The Multilateral Treaty Approach, Proscribing Indigenous Spoliation as a Conditionality for Foreign Aid and Commercial Bank Credits, Involving Victim States in the Prevention and Punishment of Indigenous Spoliation, Treating Indigenous Spoliation not as a Property Dispute.