RIDP Vol. 88 iss 2

Description

This issue is the third milestone on the way to the 20th AIDP World Congressdedicated to Criminal Justice and Corporate Business. It covers the GeneralReport based on all Country Reports submitted for the International ColloquiumSection IV at the University of Basel on 2-4 June 2017 The volume contains aspecial report on Corporate Criminal Responsibility for Human Rights Violations.Jurisdiction and Reparations and national reports of Australia, Finland, France,Germany, Italy, the Netherlands, Russia, Switzerland and the United States. It alsoincludes the resolution adopted by the participants of the Basel colloquium. Othernational reports Austria, Brazil, China, Spain, Sweden that have been submittedfor the Section IV are published in the eRIDP.This volume offers a detailed synopsis of jurisdictional problems and possiblesolutions for viable corporate criminal liability. It illustrates the broad challengesraised by targeting corporations for allegedly causing harm in third countrieswith regard to territory and sovereignty in the age of globalisation. As the UNGuiding Principles on Business and Human Rights of 2011 oblige countries toestablish a legal framework ensuring that corporations respect internationallyprotected legal interests and basic human rights when doing business abroad, itwill have consequences for jurisdictional rules. States shall provide a remedy forvictims of alleged human rights violations by corporate groups, as well as crimesalleged to have occurred in their supply chains if certain conditions are met. Ofparticular interest is the establishment of the link between substantive law andthe application of territorial jurisdiction. Also addressed is the need for potentialenhancement of traditional jurisdictional rules.Sabine Gless holds a Chair for Criminal Law and Criminal Procedure at theUniversity of Basel Switzerland.Sylwia Broniszewska-Emdin is a legal counsel and a PhD candidate at theUniversity of Basel, Faculty of Law.