International Law of Responsibility for Economic Crimes

Focusing on the problem of indigenous spoliation in developing countries, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians. Due to constraints of the state system and the lack of appropriate substantive municipal law, efforts to punish those responsible for the economic rape of entire nations and to recover spoliated funds have been frustrated and rendered insubstantial. Taking a multidisciplinary approach and on the basis of data generated from empirical, cross-national research, this study makes the case for indigenous spoliation as a violation of international law. Substantially revised and updated to take account of recent legal and political developments, the second edition will be a valuable resource for academics, practitioners, NGOs, and policymakers. 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.