The problem of indigenous spoliation in developing countries is thoroughly explored in this second edition of The International Law of Responsibility for Economic Crimes. Substantially revised and updated to take account of recent legal and political developments, a case for indigenous spoliation as a violation of international law is persuasively made.
The problem of indigenous spoliation in developing countries is thoroughly explored in this second edition of The International Law of Responsibility for Economic Crimes. Substantially revised and updated to take account of recent legal and political developments, a case for indigenous spoliation as a violation of international law is persuasively made.
Ndiva Kofele-Kale is Professor of Public International Law in the Dedman School of Law at Southern Methodist University, USA. He has published widely in the area of public international law, indigenous spoliation and human rights.
Inhaltsangabe
Contents:Preface; 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 acts of fraudulent enrichment; State practice at the domestic level criminalizing acts of fraudulent enrichment by top state 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; Index.
Contents:Preface; 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 acts of fraudulent enrichment; State practice at the domestic level criminalizing acts of fraudulent enrichment by top state 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; Index.
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