Distinguishing Types of ‘Economic Abuses- A Three-Dimensional Model

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• 作者：Evelyne Schmid
• 刊名：Criminal Law Forum
• 出版年：2015
• 出版时间：June 2015
• 年：2015
• 卷：26
• 期：2
• 页码：225-254
• 全文大小：577 KB
• 作者单位：Evelyne Schmid (1)
  
  1. Department of Public Law, University of Basel, Basel, Switzerland
  
• 刊物类别：Humanities, Social Sciences and Law
• 刊物主题：Law
  Criminal Law
  International, Foreign and Comparative Law
  European and Public International Law
  International Economics
  
• 出版者：Springer Netherlands
• ISSN：1572-9850

文摘

Is international criminal law adequate in respect of ‘economic abuses-such as corporate complicity in human rights abuses or harm arising through the exploitation of resources from conflict-affected areas? Attempts to assess the adequacy of international criminal law to deal with ‘economic abuses-have given rise to a complex and multi-layered debate. Authors have analysed a range of different phenomena, making it challenging to generalise conclusions on the suitability of existing international criminal law. Against this background, it is crucial to distinguish different types of ‘economic abuses-if we are to assess the adequacy of international criminal law to address them. To do so, I propose a three-dimensional model to disentangle the various categories of ‘economic abuses- Depending on whether the actor, the harmful activity, and the affected legal interests are economic or non-economic, legally distinct types of ‘economic abuses-can be discerned. Through exploring three specific constellations, the article demonstrates that the adequacy of international criminal law varies significantly for the various types of ‘economic abuses- The model aims to serve as an analytical entry point to distinguish the nature and extent of the legal challenges in a factual scenario and contributes to the elaboration of nuanced and meaningful conclusions on the relative adequacy of international criminal law in relation to ‘economic abuses-