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Between Criminalization and Protection

The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context

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Vincenzo Militello and Alessandro Spena

This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

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Santiago Wortman Jofre

In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain, Santiago Wortman Jofre offers a case study where he examines the way in which Spain understands and implements Compliance Management Systems. Corporate criminal liability has become a matter of controversy in civil law countries since it challenges the traditional principle of societas delinquere non potest, by which corporations cannot be held criminally responsible.
However, corporations have taken a new position in the world’s political agenda, as evidenced by the 2017 G20’s High Level Principles on the Liability of Legal Persons for Corruption. The new trend in criminal law advocates for the criminal responsibility of legal persons and pushes for the implementation of Compliance Management Systems as deterrent for corporate criminality. Santiago Wortman Jofre then presents evidence on the role of criminal justice and the importance of positive stimuli requirements as effective incentives to drive companies to implement compliance programs.

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Paolo Astorri

It is clear that the Lutheran Reformation greatly contributed to changes in theological and legal ideas – but what was the extent of its impact on the field of contract law?

Legal historians have extensively studied the contract doctrines developed by Roman Catholic theologians and canonists; however, they have largely neglected Martin Luther, Philip Melanchthon, Johann Aepinus, Martin Chemnitz, Friedrich Balduin and many other reformers. This book focuses on those neglected voices of the Reformation, exploring their role in the history of contract law. These men mapped out general principles to counter commercial fraud and dictated norms to regulate standard economic transactions. The most learned jurists, such as Matthias Coler, Peter Heige, Benedict Carpzov, and Samuel Stryk, among others, studied these theological teachings and implemented them in legal tenets. Theologians and jurists thus cooperated in resolving contract law problems, especially those concerning interest and usury.

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Maria A. Gwynn

In Adapting Watercourse Agreements to Developments in International Law: The Case of the Itaipu Treaty Maria A. Gwynn offers an account of the need to align watercourses agreements to the current standards and principles of international law, thereby increasing prospects for achieving sustainable development. As a case study, the author focuses on the most important hydroelectrical energy treaty in the South American region and astutely explores its implementation together with states’ practices regarding the non-navigational uses of watercourses and their commitments to environmental protection. The analysis offers a unique opportunity to assess the value of the UN Watercourses Convention in recommending states adapt their agreements to the provisions of the convention promoting equitable and reasonable uses of watercourses; an interest not only for the treaty partners but also for river basin states and the international community as a whole.

National Styles in Science, Diplomacy, and Science Diplomacy

A Case Study of the United Nations Security Council P5 Countries

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Olga Krasnyak

Science diplomacy is becoming an important tool by which states can more effectively promote and secure their foreign policy agendas. Recognising the role science plays at national and international levels and identifying a state’s national diplomatic style can help to construct a ‘national style’ in science diplomacy. In turn, understanding science diplomacy can help one evaluate a state’s potential for global governance and to ad-dress global issues on a systematic scale. By using a Realist framework and by testing proposed hypotheses, this study highlights how different national styles in science di-plomacy affect competition between major powers and their shared responsibility for global problems. This study adds to general understanding of the practice of diplomacy as it intersects with the sciences.

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Christopher Chen

In this work, Christopher Chen examines and compares the regulation of over-the-counter derivatives in Hong Kong and Singapore, the two largest international financial centres in Asia Pacific. Chen analyses current or proposed regulations on trade reporting, centralised clearing and mandatory exchange trading mandates regarding OTC derivatives against the backdrop of reforms of international financial regulatory structure after the global financial crisis. The article also relates the reforms in Asia to development in major Western markets such as the US, the UK or the European Union. Apart from technical comparison and dissecting of content of rules from different angles, his work also examines the rationale behind those reforms and policy concerns behind Asian adoption of the regulatory mandates prescribed by G20 as well as potential policy concerns (such as competition and extraterritoriality) in a market that is dominated by Western banks.

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Edited by Giacomo Luciani

Since 2011, democratic transitions in the Middle East and North Africa have mostly failed to consolidate and have been hindered by the difficult economic heritage of previous authoritarian governments. Yet newly established democratic governments must deliver on the expectations of their people, especially the poorer strata, otherwise disillusionment may open the door to restoration of authoritarian rule. Can democracy succeed? Various ideas for economic policies that may help consolidate the early democratisation process are proposed in this volume, while major obstacles on the way to democratic success are also highlighted.

Contributors include: Alissa Amico, Laura El-Katiri, Philippe Fargues, Bassam Fattouh, Steffen Hertog, Giacomo Luciani, Samir Makdisi, Adeel Malik, Bassem Snaije, Robert Springborg, and Eckart Woertz.

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Frank Cranmer

In Religion and belief in United Kingdom employment law, Frank Cranmer discusses the relationships between religion and employment in the wider context. It is a particularly complex area of law that touches on a wide variety of issues, ranging from the basic question, ‘exactly what constitutes a “religion” or “belief”?’ to ‘what kinds of religious dress do my employees have a right to wear to work?’ and ‘what religious standards – if any – can I, as an employer, demand of my employees?’.

The purpose of the study is to provide an overview of some of the current issues and problems surrounding the law relating to employment by religious organisations and the manifestation of religion in the workplace. Because the complexity of the law means that individual outcomes in disputed cases are often depend heavily on the facts, it does so primarily by examining recent case-law.