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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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International Law of Responsibility for Economic Crimes: Holding State Officials Individually Liable for Acts of Fraudulent Enrichment 2nd ed (eBook)


ISBN13: 9781317027218
ISBN: 0754647579
Published: August 2006
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £38.99
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Focusing on the problem of indigenous spoilation in developing countries, this work explores the controversial issue of spoilation by national officials of the wealth of the states of which they are 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 spoilated funds have been frustrated and rendered insubstantial. Taking a multidisciplinary approach and on the basis of data generated from empirical, cross-national research, this study makes the case for indigenous spoilation as a violation of international law. Substantially revised and updated to take account of recent legal and political developments, the second edition will be a valuable resource for academics, practitioners, NGOs, and policymakers.

Subjects:
Public International Law, eBooks
Contents:
Introduction.
Indigenous Spoliation as an International Economic Crime: '
Indigenous spoliation as an international crime
Indigenous spoliation as a breach of fundamental human rights grounded in customary 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 officials.
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.
Appendices.
Index.