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The future of corporate criminal liability in the U.S. and around the world may be for failure to adequately act on environmental, social, and governance (ESG) issues. In Europe and elsewhere, courts have found a fundamental right or the equivalent to protection from climate change. That right...
Persistent link: https://www.econbiz.de/10013406348
/Recolta is a critically important decision. It is central to the EU's anti-fraud effort. It is one of three legal imperatives … having the means to know that by doing so he is a participant in fraud, forfeits the right to deduct input tax incurred on … purchases that were related to the fraud. Both the standards that are applied (the “known/should have known” formulation) and …
Persistent link: https://www.econbiz.de/10012905605
longer just about cash skimming; this fraud has migrated to debit/credit card transactions. There are two indications that …
Persistent link: https://www.econbiz.de/10012905684
The question of any limits that a state's extraterritorial jurisdiction faces has not yet been fully addressed by international courts and tribunals. The aspect appears somewhat "entrapped" between the expansion of international criminal law - and the obligation to crack down on international...
Persistent link: https://www.econbiz.de/10012823396
This chapter considers the meaning of “equality of arms” between the prosecution and defense in modern international criminal law. The analysis reveals the disparity between the theory and practice, and shows how this oft mentioned principle in the jurisprudence and the literature is a lofty...
Persistent link: https://www.econbiz.de/10012974063
German chemical corporations were complicit in the gassing of Allied troops in World War I and concentration camp prisoners in World War II. The shock of the Holocaust resulted in adoption of the Genocide Convention and the determination to never let this happen again. Genocide, of course, has...
Persistent link: https://www.econbiz.de/10013057619
This Article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries, and punishment. It details the treatment and impact of the Magna Carta in English history and the American colonies. The past of the Magna Carta is taken to the present: The...
Persistent link: https://www.econbiz.de/10013217775
In this symposium participation, I would like to share my thoughts to explore the ongoing nature of Brazil’s transitional justice jurisprudence. First, pointing out contradictory narratives regarding the dictatorship legacy in Brazilian politics. Second, I would propose to turn the debate to...
Persistent link: https://www.econbiz.de/10013247601
Persistent link: https://www.econbiz.de/10012849398