The Holocaust Corporations And The Law
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The Holocaust Corporations And The Law
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Author : Leora Bilsky
language : en
Publisher: University of Michigan Press
Release Date : 2017-09-12
The Holocaust Corporations And The Law written by Leora Bilsky and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-12 with Business & Economics categories.
The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history. Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.
Prosecuting Corporations For Genocide
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Author : Michael J. Kelly
language : en
Publisher: Oxford University Press
Release Date : 2016
Prosecuting Corporations For Genocide written by Michael J. Kelly and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Introduction -- The corporation as an atrocity contributor -- The corporation as a subjuct of international law -- Modes of criminal liability under international law -- Case studies : corporate complicity in genocide -- Prosecuting corporations for genocide : the domestic vs. the international path -- Arguments against prosecuting corporations for genocide -- Conclusion
Towards Corporate Liability In International Criminal Law
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Author : Desislava Stoitchkova
language : en
Publisher:
Release Date : 2010
Towards Corporate Liability In International Criminal Law written by Desislava Stoitchkova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.
Holocaust Justice
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Author : Michael J. Bazyler
language : en
Publisher:
Release Date : 2003-04
Holocaust Justice written by Michael J. Bazyler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04 with Holocaust survivors categories.
The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in todayOCOs dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of artOCofirst by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. The unique features of the American system of justiceOCowhich allowed it to handle claims that originated over fifty years ago and in another part of the worldOComade it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banksOCO attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War IIOCoincluding American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage."
Holocaust Justice
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Author : Michael J Bazyler
language : en
Publisher: NYU Press
Release Date : 2005-04-01
Holocaust Justice written by Michael J Bazyler and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-01 with History categories.
The first book to tell the complete story of the American attempt at restitution for victims of the Holocaust The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today’s dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art—first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. The unique features of the American system of justice—which allowed it to handle claims that originated over fifty years ago and in another part of the world—made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks’ attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II—including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.
Corporations And Human Rights
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Author : Niels Beisinghoff
language : de
Publisher: Peter Lang
Release Date : 2009
Corporations And Human Rights written by Niels Beisinghoff and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Corporations, Foreign categories.
Can human rights be enforced against corporations? This work analyses different enforcement mechanisms. It examines one of the most powerful instruments: the Alien Tort Claims Act (ATCA) litigation in the United States. The ATCA has been used as one of the chief weapons in a 21st-century battle over corporate responsibility in the age of globalization. For instance, the ATCA has been invoked to seek compensation from German companies in respect of forced labor during the Holocaust. Further examples include claims relating to genocide against a Canadian company, forced labor claims against a US company and numerous others. The ATCA litigation often refers to the «law of nations», but do the US courts interpret this term consistently with other accepted interpretations of international law? The short answer to that question is 'no'. However, in the absence of enforceable international law mechanisms, this lacuna needs to be filled. Domestic litigation of matters that are inherently transnational in character, as occurs in ATCA human rights litigation, represents a viable mechanism to enforce human rights.
Holocaust Genocide And The Law
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Author : Michael Bazyler
language : en
Publisher: Oxford University Press
Release Date : 2016-10-25
Holocaust Genocide And The Law written by Michael Bazyler and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-25 with History categories.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Corporations And Criminal Responsibility
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Author : Celia Wells
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Corporations And Criminal Responsibility written by Celia Wells and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
Vichy Law And The Holocaust In France
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Author : Richard H. Weisberg
language : en
Publisher: Routledge
Release Date : 2013-10-18
Vichy Law And The Holocaust In France written by Richard H. Weisberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-18 with History categories.
The involvement of Vichy France with Nazi Germany's anti-Jewish policy has long been a source of debate and contention. At a time when France, after decades of denial, has finally acknowledged responsibility for its role in the deportation and murder of 75,000 Jews from France during the Holocaust, Richard H. Weisberg here provides us with a comprehensive and devastating account of the French legal system's complicity with its German occupiers during the dark period known as 'Vichy'. As in Germany, the exclusionary laws passed during the Vichy period normalized institutional antisemitism. Anti-Jewish laws entered the legal canon with little resistance, and private lawyers quickly absorbed the discourse of exclusion into the conventional legal framework, expanding the laws beyond their simple intentions, their literal sense, and even their German precedents. Drawing on newly-available archival sources, personal interviews, and historical research, Weisberg reveals how legalized persecution actually operated on a practical level, often exceeding German expectations. Further, he presents a persuasive argument for Vichy law as an acquired Catholic response to a flase notion of Jewish Talmudism. The book also compares Vichy experience to American legal precedents and practices and opens up the possibility that postmodern modes of thinking ironically adopt the complexity of Vichy reasoning to a host of reading and thinking strategies. Vichy Law and the Holocaust in France raises fundamental and disturbing questions about the ease with which democratic legal systems can be subverted.
Seeking Justice For The Holocaust
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Author : Graham B. Cox
language : en
Publisher: University of Oklahoma Press
Release Date : 2019-09-12
Seeking Justice For The Holocaust written by Graham B. Cox and has been published by University of Oklahoma Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-12 with Law categories.
The Nuremberg War Crimes Trial has become a symbol of justice, the pivotal moment when the civilized world stood up for Europe’s Jews and, ultimately, for human rights. Yet the world, represented at the time by the Allied powers, almost did not stand up despite the magnitude of the horrors perpetrated by the Nazis. Seeking justice for the Holocaust had not been an automatic—or an obvious—mission for the Allies to pursue. In this book, Graham Cox recounts the remarkable negotiations and calculations that brought the United States and its allies to this point. At the center of this story is the collaboration between Franklin D. Roosevelt and Herbert C. Pell, Roosevelt’s appointee as U.S. representative to the United Nations War Crimes Commission, in creating an international legal protocol to prosecute Nazi officials for war crimes and genocide. Pell emerges here as an unheralded force in pursuing justice and in framing human rights as an international concern. The book also enlarges our perspective on Roosevelt’s policies regarding European Jews by revealing the depth of his commitment to postwar justice in the face of staunch opposition, even from some within his administration. What made the international effort especially contentious was a debate over its focus—how to punish for aggressive warfare and crimes against humanity. Cox exposes the internal contradictions and contortions behind the U.S. position and the maneuverings of numerous officials negotiating the legal parameters of the trials. Most telling perhaps were the efforts of Robert H. Jackson, the chief U.S. prosecutor at Nuremberg, to circumscribe the scope of new international law—for fear of setting precedents that might boomerang on the United States because of its own racial segregation practices. With its broad new examination of the background and context of the Nuremberg trials, and its expanded view of the roles played by Roosevelt and his unlikely deputy Pell, Seeking Justice for the Holocaust offers a deeper and more nuanced understanding of how the Allies came to hold Nazis accountable for their crimes against humanity.