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Confronting Colonial Objects: Histories, Legalities, and Access to Culture (Cultural Heritage Law and Policy)
by Carsten StahnThe treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
Confronting Corruption: Past Concerns, Present Challenges, and Future Strategies
by Fritz Heimann Mark PiethCorruption undermines nearly all key legal and developmental priorities today, including the effective functioning of democratic institutions and honest elections; environmental protection; human rights and human security; international development programs; and fair competition for global trade and investment. This book chronicles the global anticorruption steps taken since the movement advanced after the end of the Cold War. It provides a realistic assessment of the present state of affairs by critically evaluating what existing anticorruption programs and treaties have accomplished and documenting their shortcomings, while developing an action agenda for the next decade. The authors argue that reformative action is imperative, and the forces of globalization and digital communication will level the playing field and erode the secrecy corruption requires. They define corruption, document its effects, discuss the initiatives that changed public perception, analyze the lessons learned, and then evaluate how to move forward with existing initiatives charting a new path with new, differentiated strategies.
CONFRONTING CORRUPTION C: Past Concerns, Present Challenges, and Future Strategies
by Mark Pieth Fritz HeimannCorruption undermines nearly all key legal and developmental priorities today, including the effective functioning of democratic institutions and honest elections; environmental protection; human rights and human security; international development programs; and fair competition for global trade and investment. This book chronicles the global anticorruption steps taken since the movement advanced after the end of the Cold War. It provides a realistic assessment of the present state of affairs by critically evaluating what existing anticorruption programs and treaties have accomplished and documenting their shortcomings, while developing an action agenda for the next decade. The authors argue that reformative action is imperative, and the forces of globalization and digital communication will level the playing field and erode the secrecy corruption requires. They define corruption, document its effects, discuss the initiatives that changed public perception, analyze the lessons learned, and then evaluate how to move forward with existing initiatives charting a new path with new, differentiated strategies.
Confronting Cyber Risk: An Embedded Endurance Strategy for Cybersecurity
by Gregory J. Falco Eric RosenbachAn adaptive cyber risk management guide from MIT scientist and Johns Hopkins professor Gregory Falco and "Cyber Czar" Eric Rosenbach Cyberattacks continue to grow in number, intensity, and sophistication. While attackers persistently adapt, business leaders have suffered from employing the same cyber risk management strategies for decades. Organizations must learn how to move past temporary solutions and invest in long-term resiliency measures to thrive in the future cyber economy. Confronting Cyber Risk: An Embedded Endurance Strategy for Cybersecurity is a practical leadership guidebook outlining a new strategy for improving organizational cybersecurity and mitigating cyber risk. Veteran cybersecurity experts Falco and Rosenbach introduce the Embedded Endurance strategy as a systems-level approach to cyber risk management which addresses interdependent components of organizational risk and prepares organizations for the inevitability of cyber threats over the long-term. Using real world examples from SolarWinds to the Colonial Pipeline attack, the authors extend beyond hardware and software to provide a thoughtful ten-step process for organizations to address the simultaneous operational, reputational, and litigation risks common to cyberattacks. They conclude with helpful "cryptograms" from the future, in which business leaders are confronted with the next generation of cyber risk challenges. Clear and informative, Confronting Cyber Risk provides CEOs and cyber newcomers alike with concrete guidance on how to implement a cutting-edge strategy to mitigate an organization's overall risk to malicious cyberattacks in an evolving cyber risk landscape.
Confronting Cyber Risk: An Embedded Endurance Strategy for Cybersecurity
by Eric Rosenbach Gregory J. FalcoAn adaptive cyber risk management guide from MIT scientist and Johns Hopkins professor Gregory Falco and "Cyber Czar" Eric Rosenbach Cyberattacks continue to grow in number, intensity, and sophistication. While attackers persistently adapt, business leaders have suffered from employing the same cyber risk management strategies for decades. Organizations must learn how to move past temporary solutions and invest in long-term resiliency measures to thrive in the future cyber economy. Confronting Cyber Risk: An Embedded Endurance Strategy for Cybersecurity is a practical leadership guidebook outlining a new strategy for improving organizational cybersecurity and mitigating cyber risk. Veteran cybersecurity experts Falco and Rosenbach introduce the Embedded Endurance strategy as a systems-level approach to cyber risk management which addresses interdependent components of organizational risk and prepares organizations for the inevitability of cyber threats over the long-term. Using real world examples from SolarWinds to the Colonial Pipeline attack, the authors extend beyond hardware and software to provide a thoughtful ten-step process for organizations to address the simultaneous operational, reputational, and litigation risks common to cyberattacks. They conclude with helpful "cryptograms" from the future, in which business leaders are confronted with the next generation of cyber risk challenges. Clear and informative, Confronting Cyber Risk provides CEOs and cyber newcomers alike with concrete guidance on how to implement a cutting-edge strategy to mitigate an organization's overall risk to malicious cyberattacks in an evolving cyber risk landscape.
Confronting Cyberespionage Under International Law (Routledge Research in International Law)
by Oğuz Kaan PehlivanWe have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.
Confronting Cyberespionage Under International Law (Routledge Research in International Law)
by Oğuz Kaan PehlivanWe have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.
Confronting Evil: Engaging Our Responsibility to Prevent Genocide
by James WallerWhile it is true that genocide prevention is not what tends to land on the front pages of national newspapers today, it is what prevents the worst headlines from ever being made. Despite the post-Holocaust consensus that "Never Again" would the world allow civilians to be victims of genocide, the reality is closer to "Again and Again." As many as 170 million civilians across the world were victims of genocide and mass atrocity in the 20th century. Now that we have entered the 21st century, little light has been brought to that darkness as civilians still find themselves under brutal attack in South Sudan, Burma, Syria, the Central African Republic, Burundi, Iraq, and a score of other countries in the world beset by state fragility and extremist identity politics. Drawing on over two decades of primary research and scholarship from a wide range of disciplinary perspectives, Confronting Evil: Engaging Our Responsibility to Prevent Genocide is grounded in the belief that preventing mass atrocity is an achievable goal, but only if we have the collective will to do so. This groundbreaking book from one of the foremost leaders in the field presents a fascinating continuum of research-informed strategies to prevent genocide from ever taking place; to prevent further atrocities once genocide is occurring; and to prevent future atrocities once a society has begun to rebuild after genocide. With remarkable insight, Dr. James Waller challenges each of us to accept our responsibilities as global citizens-in whichever role and place we find ourselves-and to think critically about one of the world's most pressing human rights issues in which there are no sidelines, only sides.
CONFRONTING EVIL C: Engaging Our Responsibility to Prevent Genocide
by James WallerWhile it is true that genocide prevention is not what tends to land on the front pages of national newspapers today, it is what prevents the worst headlines from ever being made. Despite the post-Holocaust consensus that "Never Again" would the world allow civilians to be victims of genocide, the reality is closer to "Again and Again." As many as 170 million civilians across the world were victims of genocide and mass atrocity in the 20th century. Now that we have entered the 21st century, little light has been brought to that darkness as civilians still find themselves under brutal attack in South Sudan, Burma, Syria, the Central African Republic, Burundi, Iraq, and a score of other countries in the world beset by state fragility and extremist identity politics. Drawing on over two decades of primary research and scholarship from a wide range of disciplinary perspectives, Confronting Evil: Engaging Our Responsibility to Prevent Genocide is grounded in the belief that preventing mass atrocity is an achievable goal, but only if we have the collective will to do so. This groundbreaking book from one of the foremost leaders in the field presents a fascinating continuum of research-informed strategies to prevent genocide from ever taking place; to prevent further atrocities once genocide is occurring; and to prevent future atrocities once a society has begun to rebuild after genocide. With remarkable insight, Dr. James Waller challenges each of us to accept our responsibilities as global citizens-in whichever role and place we find ourselves-and to think critically about one of the world's most pressing human rights issues in which there are no sidelines, only sides.
Confronting Genocide (Ius Gentium: Comparative Perspectives on Law and Justice #7)
by René Provost and Payam Akhavan“Never again” stands as one the central pledges of the international community following the end of the Second World War, upon full realization of the massive scale of the Nazi extermination programme. Genocide stands as an intolerable assault on a sense of common humanity embodied in the Universal Declaration of Human Rights and other fundamental international instruments, including the Convention on the Prevention and Punishment of the Crime of Genocide and the United Nations Charter. And yet, since the Second World War, the international community has proven incapable of effectively preventing the occurrence of more genocides in places like Cambodia, Yugoslavia, Rwanda and Sudan. Is genocide actually preventable, or is “ever again” a more accurate catchphrase to capture the reality of this phenomenon? The essays in this volume explore the complex nature of genocide and the relative promise of various avenues identified by the international community to attempt to put a definitive end to its occurrence. Essays focus on a conceptualization of genocide as a social and political phenomenon, on the identification of key actors (Governments, international institutions, the media, civil society, individuals), and on an exploration of the relative promise of different means to prevent genocide (criminal accountability, civil disobedience, shaming, intervention).
Confronting Homophobia in Europe: Social and Legal Perspectives
by Luca Trappolin Alessandro Gasparini Robert WintemuteHomophobia exists in many different forms across Europe. Member States offer uneven levels of legal protection for lesbian and gay rights; at the same time the social meanings and practices relating to homosexuality are culturally distinct and intersect in complex ways with gender, class and ethnicity in different national contexts.The essays in this volume illustrate the findings of a European project on homophobia and fundamental rights in which sociologists and legal experts have analysed the position in four Member States: Italy, Slovenia, Hungary and the UK.The first part of the book investigates the sociological dimensions of homophobia through qualitative methods involving both heterosexual and self-defined lesbian and gay respondents, including those in ethnic communities. The aim is to understand how homophobia and homosexuality are defined and experienced in the everyday life of participants.The second part is devoted to a legal analysis of how homophobia is reproduced 'in law' and how it is confronted 'with law'. The analysis examines statute and case law; 'soft law'; administrative practices; the discussion of bills within parliamentary committees; and decisions of public authorities. Among the areas discussed are 'hate crimes' and 'hate speech'; education at all levels; free movement, immigration and asylum; and cross-border reproductive services.Please note that this book is also available as a free PDF download. For further information please click on the link below:www.citidive.eu/en/rapporti-e-prodotti/.
Confronting Humanity at its Worst: Social Psychological Perspectives on Genocide
by Leonard S. NewmanHow do otherwise ordinary people become perpetrators of genocide? Why are groups targeted for mass killing? How do groups justify these terrible acts? While there are no easy answers to these questions, social psychologists are especially well positioned to contribute to our understanding of genocide and mass killing. With research targeting key questions -such as how negative impressions of outgroups develop and how social influence can lead people to violate their moral principles and other norms - social psychologists have much to teach us about why groups of people attempt to exterminate other groups, why people participate in such atrocious projects, and how they live with themselves afterwards. By bringing together research previously available only to readers of academic journals, this volume sheds crucial light on human behavior at the extremes and in doing so, helps us take one more step towards preventing future tragedies.
Confronting Humanity at its Worst: Social Psychological Perspectives on Genocide
How do otherwise ordinary people become perpetrators of genocide? Why are groups targeted for mass killing? How do groups justify these terrible acts? While there are no easy answers to these questions, social psychologists are especially well positioned to contribute to our understanding of genocide and mass killing. With research targeting key questions -such as how negative impressions of outgroups develop and how social influence can lead people to violate their moral principles and other norms - social psychologists have much to teach us about why groups of people attempt to exterminate other groups, why people participate in such atrocious projects, and how they live with themselves afterwards. By bringing together research previously available only to readers of academic journals, this volume sheds crucial light on human behavior at the extremes and in doing so, helps us take one more step towards preventing future tragedies.
Confronting Our Freedom: Leading a Culture of Chosen Accountability and Belonging
by Peter Block Peter KoestenbaumExplore the nature of modern leadership In Confronting Our Freedom, a team of dedicated leadership coaches delivers an exciting and engaging new take on management and leadership. Drawing on recent events in the market and in the world, including the Great Resignation, the COVID-19 pandemic, and widespread digital transformation, the authors invite you to reimagine ideas of freedom and accountability in the context of work. You’ll explore how freedom of action—for managers and employees—is what gives rise to true accountability, both in the community and in the workplace. In the book, you’ll also find: Discussions of the power and structure of freedom, including its implications for our own choices and lives Ways to shift the focus of your leadership and management to accountability and freedom Strategies for shifting the illusion of clear roles and expectations to one compatible with fully human organizationsA groundbreaking and incisive approach to managing and leading others in virtual, hybrid, and in-person settings, Confronting Our Freedom will be an eye opener for managers, executives, and other business leaders seeking to improve their ability to inspire others to their fullest potential.
Confronting Our Freedom: Leading a Culture of Chosen Accountability and Belonging
by Peter Block Peter KoestenbaumExplore the nature of modern leadership In Confronting Our Freedom, a team of dedicated leadership coaches delivers an exciting and engaging new take on management and leadership. Drawing on recent events in the market and in the world, including the Great Resignation, the COVID-19 pandemic, and widespread digital transformation, the authors invite you to reimagine ideas of freedom and accountability in the context of work. You’ll explore how freedom of action—for managers and employees—is what gives rise to true accountability, both in the community and in the workplace. In the book, you’ll also find: Discussions of the power and structure of freedom, including its implications for our own choices and lives Ways to shift the focus of your leadership and management to accountability and freedom Strategies for shifting the illusion of clear roles and expectations to one compatible with fully human organizationsA groundbreaking and incisive approach to managing and leading others in virtual, hybrid, and in-person settings, Confronting Our Freedom will be an eye opener for managers, executives, and other business leaders seeking to improve their ability to inspire others to their fullest potential.
Confronting Penal Excess: Retribution and the Politics of Penal Minimalism
by David HayesThis monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions.It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society.Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.
Confronting Penal Excess: Retribution and the Politics of Penal Minimalism
by David HayesThis monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions.It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society.Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.
Confronting Racism: Integrating Mental Health Research into Legal Strategies and Reforms
by Robert T Carter Thomas D ScheuermannThis book proposes a comprehensive approach to confronting racism through a foundational framework as well as practical strategies to correct and reverse the course of the past and catalyze the stalled efforts of the present. It will do so by focusing on those specific aspects of law and legal theory that intersect with psychological research and practice. In Part I, the historical and current underpinnings of racial injustice and the obstacles to combating racism are introduced. Part II examines the documented psychological and emotional effects of racism, including race-based traumatic stress. In Part III, the authors analyze the application of forensic mental health assessment in addressing race-related experiences and present a legal and policy framework for reforming institutional and organizational policies. Finally, in part IV the authors advocate for a close, collaborative approach among legal and mental health professionals and their clients to seek redress for racial discrimination. Confronting Racism provides a framework for legal, mental health, and other related social science professionals and leaders to acknowledge and act on the harmful aspects of our societal systems.
Confronting Racism: Integrating Mental Health Research into Legal Strategies and Reforms
by Robert T Carter Thomas D ScheuermannThis book proposes a comprehensive approach to confronting racism through a foundational framework as well as practical strategies to correct and reverse the course of the past and catalyze the stalled efforts of the present. It will do so by focusing on those specific aspects of law and legal theory that intersect with psychological research and practice. In Part I, the historical and current underpinnings of racial injustice and the obstacles to combating racism are introduced. Part II examines the documented psychological and emotional effects of racism, including race-based traumatic stress. In Part III, the authors analyze the application of forensic mental health assessment in addressing race-related experiences and present a legal and policy framework for reforming institutional and organizational policies. Finally, in part IV the authors advocate for a close, collaborative approach among legal and mental health professionals and their clients to seek redress for racial discrimination. Confronting Racism provides a framework for legal, mental health, and other related social science professionals and leaders to acknowledge and act on the harmful aspects of our societal systems.
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases (Oxford Studies in Language and Law)
by Robin ConleyConfronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors' decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making - conveyed in the form of authoritative legal language - when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.
CONFRONTING THE DEATH PENALTY OXSLL C: How Language Influences Jurors in Capital Cases (Oxford Studies in Language and Law)
by Robin ConleyConfronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors' decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making - conveyed in the form of authoritative legal language - when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.
Confronting the "Good Death": Nazi Euthanasia on Trial, 1945-1953
by Michael S. BryantYears before Hitler unleashed the “Final Solution” to annihilate European Jews, he began a lesser-known campaign to eradicate the mentally ill, which facilitated the gassing and lethal injection of as many as 270,000 people and set a precedent for the mass murder of civilians. In Confronting the “Good Death” Michael Bryant analyzes the U.S. government and West German judiciary’s attempt to punish the euthanasia killers after the war. The first author to address the impact of geopolitics on the courts’ representation of Nazi euthanasia, Bryant argues that international power relationships wreaked havoc on the prosecutions. Drawing on primary sources, this provocative investigation of the Nazi campaign against the mentally ill and the postwar quest for justice will interest general readers and provide critical information for scholars of Holocaust studies, legal history, and human rights. Support for this publication was generously provided by the Eugene M. Kayden Fund at the University of Colorado.
Confronting the Shadow State: An International Law Perspective on State Organized Crime (Oxford Monographs in International Law)
by Henri DecoeurThis book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable. Providing the first comprehensive analysis, from the perspective of international law, of a phenomenon so far mainly studied by criminologists, this study would appeal to researchers, social activists, and policy makers alike.
Confronting the Shadow State: An International Law Perspective on State Organized Crime (Oxford Monographs in International Law)
by Henri DecoeurThis book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable. Providing the first comprehensive analysis, from the perspective of international law, of a phenomenon so far mainly studied by criminologists, this study would appeal to researchers, social activists, and policy makers alike.
Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today
by Scott A. Anderson Martha C. NussbaumTorture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity—theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one’s own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture’s complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.