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List of abbreviations | |
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Introduction | |
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Corporations, conflicts and human rights | |
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The rise of corporate social responsibility | |
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Regulation at the domestic level | |
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Criminal liability | |
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Liability through civil courts | |
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Non-mandatory mechanisms | |
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International regulation | |
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'Soft-law' initiatives | |
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The International Criminal Court | |
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Some post-Rome developments | |
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Central question | |
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Method and structure | |
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Criminal Responsibility and the Corporate Entity | |
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Introduction | |
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The criminology of international corporate crime | |
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Conceptualising corporate crime | |
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Corporate crime in international context | |
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The morality paradigm and corporate liability | |
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Can corporations be regarded as persons? | |
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Moral agency and moral responsibility | |
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Legal personhood and moral responsibility | |
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Guilt and punishment of collectives | |
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The moral guilt contention | |
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Collective legal guilt and the position of the individual | |
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Accountability, culpability and due process | |
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Conclusion | |
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Corporate accountability � La Nuremberg | |
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Introduction | |
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The Nuremberg 'collective criminality' model | |
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The doctrine of conspiracy | |
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The concept of criminal organizations | |
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A missed opportunity vis-�-vis corporate accountability? | |
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The Nuremberg prosecution of industrialists | |
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An overview of domestic military trials | |
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Synthesising the Nuremberg principles of individual criminal responsibility in relation to corporate officials | |
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The implicit denunciation of corporations as accessories to Nazi crimes | |
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The legacy of Nuremberg | |
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Conclusion | |
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Collective criminality and the Rome Statute | |
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Introduction | |
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The 'common purpose' doctrine | |
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Joint criminal enterprise: doctrinal overview | |
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The elements of joint criminal enterprise as a mode of liability | |
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Jurisprudential attempts at counteracting the drawbacks of the JCE doctrine | |
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The customary law origins of JCE | |
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The inherent complexities of extended JCE | |
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Critical appraisal of the ad hoc tribunals' approach to JCE | |
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The 'common purpose' concept in the Rome Statute | |
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The divergent nature of Article 25(3)(d) RS | |
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A redundant provision? | |
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The concept of superior responsibility | |
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Brief historical survey of the development of the doctrine | |
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Superior responsibility under the Rome Statute | |
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The components of superior responsibility as a mode of liability | |
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The existence of a superior - subordinate relationship | |
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The cognitive requirement for superior responsibility | |
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Activities within the effective responsibility and control of superiors | |
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The duty of superiors to act | |
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Conclusion | |
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The criminal liability of corporationswithin the Rome Statute framework | |
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Introduction | |
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The ambit of actus reus and mens rea in the Rome Statute | |
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Acts and omissions | |
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The dolus directus facet of Article 30 RS | |
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Dolus eventualis as a form of volition? | |
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Culpa-type liability under the Rome Statute | |
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Utilising the current Rome Statute provisions | |
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Indirectly implicating MNCs on the basis of individual convictions | |
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The notion of complicity as an avenue for corporate liability | |
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Direct corporate criminal liability sui generis | |
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The criminal responsibility of corporations 'in the draft' | |
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Declarations of criminality | |
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Liability along vicarious lines | |
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Domestic approaches to corporate criminal liability | |
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The principle of aggregation | |
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Proactive and reactive fault | |
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The corporate ethos approach | |
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Constructive corporate fault | |
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The constructive method and international crimes | |
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Setting the subjective threshold of corporate liability | |
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The dolus eventualis standard of corporate misconduct | |
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Culpa as a benchmark for corporate criminal responsibility | |
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A word on dolus specialis | |
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The scope of the objective element | |
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Conclusion | |
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Culpability beyond the confines of the corporate form | |
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Introduction | |
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Direct parent liability | |
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The intrinsic protections of the corporate form | |
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Justifying the attribution of criminal responsibility to parent companies | |
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The criteria for ascribing direct liability to parent corporations | |
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The duty to intervene | |
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Authority | |
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Awareness | |
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The power to intervene | |
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Control | |
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Causality | |
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Direct criminal responsibility and supply chain dynamics | |
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The superior responsibility of corporate officials | |
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Superior - subordinate relationships and the 'effective responsibility and control' test | |
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The cognitive requirement and the corresponding failure to act | |
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Conclusion | |
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Conclusion | |
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Overview | |
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Prospects along the regulatory continuum | |
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The complementarity contention pertaining to 'inaction' and 'inability' | |
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Alternatives to corporate criminal liability and the implications for the principle of complementarity | |
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Non-criminal regulation - a viable option for the ICC? | |
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The pitfalls of collective criminality | |
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The imperative of aligning accountability with due process | |
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Collective punishment: effects on the 'innocent' bystander? | |
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Liability of MNCs in international criminal law: from aspiration to reality | |
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Corporate accountability and the goals of international criminal justice | |
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The 'problem' of plea bargaining | |
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Deterrence, retribution and the expressive function of (international) criminal law | |
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Summary | |
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Samenvatting | |
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Selected legal provisions | |
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Bibliography | |
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Table of cases | |
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Table of UN and other documents | |
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Index | |
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Curriculum vitae | |