Journal articles: 'Relational liability'

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Fong, Yuk-fai, and Jin Li. "Relational contracts, limited liability, and employment dynamics." Journal of Economic Theory 169 (May 2017): 270–93. http://dx.doi.org/10.1016/j.jet.2017.02.006.

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Seitz, John C. "Keep Research Weird: Psychoanalytic Techniques and Fieldwork in the Study of Religion." Method & Theory in the Study of Religion 25, no. 1 (2013): 26–52. http://dx.doi.org/10.1163/15700682-12341257.

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Abstract Contemporary ethnographic fieldwork in the study of religion has made a relational turn. Research in this field is often explicitly conceived as a relationship between scholars and those they seek to understand. Knowledge is inter-subjective, the field agrees, and the only reasonable way to move forward is in open acknowledgement of this through attentiveness to the relational character of research. This paper aims to augment this relational turn by considering and addressing the risks it entails. Drawing on research experience among Catholics in Boston, it identifies normalization as a potential liability entailed in the relational understanding of research. Opportunities for enriched understanding may not emerge if researchers prioritize smooth relations with those they get to know. The paper explores the possibility that clinical psychoanalytic techniques of listening, while likely to make research relationships “weird,” may be an asset in the search for understanding in the ethnographic study of religion.

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Guercini, Simone, and Matilde Milanesi. "Understanding changes within business networks: evidences from the international expansion of fashion firms." Journal of Business & Industrial Marketing 34, no. 1 (February 13, 2019): 192–204. http://dx.doi.org/10.1108/jbim-03-2017-0062.

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Purpose The purpose of this paper is to address the topic of business network dynamics and identify different relational paths, as forms of change in business relationships and related types of network change. The paper contributes to the literature on business network dynamics by providing an understanding of relational paths in the context of firms’ internationalization and shading light on different forms of change in business relationships and types of network change. The paper also contributes to the understanding of liabilities in internationalization that has to do with business networks, namely the liability of outsidership. Design/methodology/approach This paper is based on qualitative research following the multiple case study research approach. The authors propose three cases of internationalizing firms in the fashion industry that follows relational paths corresponding to different forms of change in business relationships that imply different types of network change. Findings Changes to a firm’s business network may be addressed through relational paths, namely creation of new business relationships (activation), maintenance of existing relationships (integration) and ending of existing relationships (substitution). These relational paths can be considered forms of incremental (integration) and radical (activation and substitution) change in business relationships and lead to different types of network change for business network dynamics that coexist and influence each other within the same firm. Originality/value This paper contributes to a better understanding of business network dynamics by showing how firms change their business relationships following different relational paths as the best way to respond to the challenges and new opportunities offered especially by international markets. The present paper has relevant managerial implications since coping with change in business relationships is perhaps one of the most critical and difficult tasks for management, even more critical if compared to the increasing complexity of doing business internationally and the liabilities that firms face in their internationalization process, especially the liability of outsidership.

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Ordolis, Emilia. "Maternal Substance Abuse and the Limits of Law: A Relational Challenge." Alberta Law Review 46, no. 1 (November 1, 2008): 119. http://dx.doi.org/10.29173/alr240.

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In an effort to respond to the issue of maternal substance abuse, the following article aims to explore potential alternatives to a paradigm which posits maternal autonomy and fetal interests as inherently conflictual. More specifically, it investigates whether, in the context of maternal civil liability for alcohol and drug use, a relational perspective that promotes healthy maternal and fetal outcomes can be reconciled with an approach that respects women’s reproductive autonomy. In responding to this question, the following discussion will examine the concerns that surround legal intervention, assess current approaches of common law courts to the maternal-fetal relationship, and finally, suggest the need for facilitative strategies that extend beyond the limits of tort.

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Pawlovich, Michael D., Edward J. Jaselskis, and Reginald R. Souleyrette. "Emerging Concepts in Innovative Sign Management Programs." Transportation Research Record: Journal of the Transportation Research Board 1553, no. 1 (January 1996): 12–17. http://dx.doi.org/10.1177/0361198196155300102.

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Transportation agencies deploy and maintain millions of traffic signs in the United States. These include regulatory, warning, guide, work zone, motorist service, recreational and cultural interest, and tourist signs. Managing these large inventories under increasing requirements for reporting, accountability, and liability has caused many transportation agencies to reexamine sign management techniques. Conventional methods of sign management, which range from paper-based systems to relational data bases, have limited capabilities and inherent inefficiencies. Additionally, liability concerns are an increasing concern for many transportation agencies. The identification and application of emerging technologies for improving sign management inventory programs are addressed. Conventional sign management practices are described, and existing technologies promising the potential for more efficient and effective sign management are discussed. Because technologies range in price and complexity, an analysis that sizes technologies to markets is presented. Rather than emphasizing the development of new technology, it is proposed that existing technologies be combined to greatly improve current sign management practices.

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Hanganu, Bianca, Irina Smaranda Manoilescu, Cristian Paparau, Laura Gheuca-Solovastru, Camelia Liana Buhas, Andreea Silvana Szalontay, and Beatrice Gabriela Ioan. "Why Are Patients Unhappy with Their Healthcare? A Romanian Physicians’ Perspective." International Journal of Environmental Research and Public Health 19, no. 15 (August 2, 2022): 9460. http://dx.doi.org/10.3390/ijerph19159460.

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Background: Medical professional liability complaints are not triggered by a single factor, but rather by multiple factors, each having more or less implications, such as the characteristics of the physician, the medical system, the patients, the complexity of their pathology, and the inherent limits of medicine. Knowledge about the factors that initiate the complaint procedure is essential to identify the targeted measures to limit their prevalence and impact. The purpose of this study was to identify the reasons behind the malpractice complaints and the factors that may influence the initiation of complaints by the patients. Material and Methods: This study was conducted using an online questionnaire, addressed to Romanian doctors, with questions about the reasons for patient dissatisfaction and complaints, the factors that predispose a physician to being complained against, and the protective factors against patient complaints. Results: The study group included 1684 physicians, of whom 16.1% were themselves involved in a complaint, and 52.5% knew of a colleague who was complained against. The opinions of the participants regarding the reasons for the complaints, the predisposing factors to complaints, and the factors that contributed to the reported incident showed a strong link between professional liability complaints and the physician–patient/patient’s family relationship. The relationship between fellow physicians is additional to this. Conclusion: This study reveals that the improvement in the relational aspects of medical practice (physician–patient relationship and relationship between physicians) has the highest potential to decrease the number of malpractice complaints. Its practical relevance is related to the need for training physicians in the relational aspects of medical practice during academic years and throughout their career.

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Kulchina, Elena, and Joanne Oxley. "Relational Contracts and Managerial Delegation: Evidence from Foreign Entrepreneurs in Russia." Organization Science 31, no. 3 (May 2020): 628–48. http://dx.doi.org/10.1287/orsc.2019.1329.

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We examine the managerial delegation decisions of foreign entrepreneurs and assess how these decisions are shaped by characteristics of the local product and labor market environment. We argue that actual or perceived home bias in court proceedings leads foreign entrepreneurs to place little reliance on formal contracts in their dealings with local agent-managers. Adopting the lens of relational contract theory, we develop hypotheses linking managerial delegation decisions to market conditions associated with stable self-enforcing agreements and test the hypotheses in the context of post-Soviet Russia. Consistent with our arguments, we find that foreign entrepreneurs are more likely to hire an agent-manager in local markets where industry growth creates a substantial “shadow of the future,” where managers’ outside employment options are relatively limited, and where competition and the variability of returns are not so high as to induce defection from an informal agreement. Similar observations on a sample of Russian-owned entrepreneurial firms suggest that these delegation decisions are relatively insensitive to local market conditions but that they are influenced by the density of local reputation networks. Our study thus contributes to understanding of the distinctive features of foreign entrepreneurs’ managerial delegation decisions and reinforces the view that contracting impediments constitute one important aspect of the “liability of foreignness” for entrepreneurial firms.

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Kazachenko, Oleksandr V., Olesia K. Vasyliaka, Larysa V. Chornozub, and Olha M. Musychenko. "Taxonomy of compulsory and incentive legal consequences (legal measures) of committing illegal acts." Cuestiones Políticas 38, Especial II (December 8, 2020): 151–68. http://dx.doi.org/10.46398/cuestpol.382e.11.

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The article is prepared for the purpose of publishing the results of scientific research obtained in the process of applying the taxonomic methodology for systematization of measures of legal influence. The methodology used the approaches of philosophical and legal theorization, a dog and systemic functional. One way of conclusion is proposed for the first time to use the taxonomies of legal measures. The study highlighted three aspects of legal measures: relational, predicate and functional. The relational manifestation of taxonomy allowed to identify the substrate of the external form of legal influence, which is the measure. It has been established that the form and method of legal influence is the dominant element of each legal measure. The predicative dimension of taxonomy allowed to form a taxonomic system of information in which the following taxonomic categories and taxa are distinguished: type - social events; subtype - legal measures; class - public and private legal measures; gender - separation of legal measures according to their sectoral affiliation; subgenre: the allocation of incentives and coercive measures; supervision - legal measures in their various forms and other measures that have no signs of legal liability.

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Baron, Marie-Laure, and Claire Capo. "The Impact of Proximity on Resistance to Foreign Ventures: The Cases of India and Japan." Copenhagen Journal of Asian Studies 34, no. 2 (March 22, 2017): 77–107. http://dx.doi.org/10.22439/cjas.v34i2.5307.

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Over the years, a body of literature has developed that consistently shows how the liability of foreignness affects MNCs' performance. Institutional distance − regulatory, normative and cognitive − between the incomer and insiders has been identified as the likely source of the highest cost in doing business abroad. In this article, we draw on the existing literature but take the opposite perspective, looking instead at how various dimensions of proximity between local players increase MNC distance and foster local resistance. The study investigates two contexts and cases, India and Japan, at the time of foreign retailer entry and analyses the interplay between local proximity and local resistance. The analysis presents four dimensions of proximity, namely spatial proximity, relational proximity, identity proximity and inter-organizational proximity, which present the stiffest challenges to foreign retail ventures entering markets as newcomers.

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Kalderimis, Daniel. "Contractual Economic Loss in New Zealand - "Who, then, is my neighbour" Really?" Victoria University of Wellington Law Review 29, no. 2 (April 1, 1999): 193. http://dx.doi.org/10.26686/vuwlr.v29i2.6034.

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This article is concerned with the issue of when contractual relational economic loss is, and should be, recoverable in New Zealand.Traditionally this question has been narrowly framed as a debate over whether an ancient legal rule should continue to apply. Recent cases, however, have injected this rule with modern analysis. It has become clear that the debate over the rule is really a debate over which concepts should control negligence liability. This article examines both the rule and its modern day implications. The article examines in turn the New Zealand approach, comparative approaches, and the conceptual underpinnings of the debate. The sophisticated Canadian jurisprudence receives particular emphasis. The conclusion is that not only should New Zealand courts reaffirm the old rule, but that doing so now requires a radical rethinking of the basic New Zealand approach to the law of negligence.

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Leaver, Adam, and Keir Martin. "‘Dams and flows’: boundary formation and dislocation in the financialised firm." Review of Evolutionary Political Economy 2, no. 3 (November 2, 2021): 403–29. http://dx.doi.org/10.1007/s43253-021-00057-0.

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Abstract Mainstream economic theories of the firm argue that the boundary between firm and market is determined by efficiency-enhancing logics which optimise coordination or bargaining outcomes. Drawing on social anthropological work, this paper critiques these accounts, arguing instead that firms are socially embedded and that firm boundary formation should therefore be understood as an attempt to fix the limits of certain relational rights and obligations that are moral in their conception. Consequently, boundaries are often contested and subject to renegotiation. We employ the parsimonious concepts of ‘dams and flows’ to examine how attempts to curtail the claims of some stakeholders and extend the claims of others at any one historical moment produce boundaries of different kinds. To illustrate this, we first trace the moral arguments used to advance limited liability rights to shareholders during the Companies Act in the mid-nineteenth century, which cut or ‘dammed’ obligations at a particular point and moment, directing new flows of obligation and wealth. We then explore the different moral reasoning of agency theory—the foundation of the financialised firm—which foregrounds the property rights of shareholder principles and obligations of managerial agents to them. We argue that this moral reasoning led to new dams and flows that have changed corporate governance and accounting practice, producing—counterintuitively—a reinvigorated form of managerialism, leaving the firm financially and morally unstable; its boundaries increasingly unable to contain its relational tensions.

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Shanks, Torrey. "The Rhetoric of Self-Ownership." Political Theory 47, no. 3 (July 5, 2018): 311–37. http://dx.doi.org/10.1177/0090591718786471.

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This essay considers self-ownership as a rhetorical and political practice. Scholarly attention to the rhetoric of self-ownership, notably in feminist theory, often rejects the term for its capacity to distort and fragment notions of the self, the body, social relations, and labor. The ambiguous character of self-ownership, in this view, carries the risk of subversion of more inclusive and relational uses. Adopting a broader notion of rhetoric as creative and effective speech, I recast self-ownership from this critical depiction through a revised understanding of C. B. Macpherson’s possessive individualism and then to the texts of John Locke, the Levellers, and the Putney Debates. These early-modern exemplars offer insights into the political promises and risks of the rhetoric of self-ownership that contemporary critics obscure. The ambiguity and plurality too often rendered as a liability for self-ownership instead offer conditions for its agonistic invocation for novel claims and emerging audiences.

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Berrey, Ellen. "MAKING A CIVIL RIGHTS CLAIM FOR AFFIRMATIVE ACTION." Du Bois Review: Social Science Research on Race 12, no. 2 (2015): 375–405. http://dx.doi.org/10.1017/s1742058x15000156.

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AbstractThe politics of affirmative action are currently structured as a litigious conflict among elites taking polarized stances. Opponents call for colorblindness, and defenders champion diversity. How can marginalized activists subvert the dominant terms of legal debate? To what extent can they establish their legitimacy? This paper advances legal mobilization theory by analytically foregrounding the field of contention and the relational production of meaning among social movement organizations. The case for study is two landmark United States Supreme Court cases that contested the University of Michigan’s race-conscious admissions policies. Using ethnographic data, the paper analyzes BAMN, an activist organization, and its reception by other affirmative action supporters. BAMN had a marginalized allied-outsider status in the legal cases, as it made a radical civil rights claim for a moderate, elite-supported policy: that affirmative action corrects systemic racial discrimination. BAMN activists pursued their agenda by passionately defending and, at once, critiquing the university’s policies. However, the organization’s militancy remained a liability among university leaders, who prioritized the consistency of their diversity claims. The analysis forwards a scholarly understanding of the legacy of race-conscious policies.

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Balfoort, Ferdinand, Rachel Francis Baskerville, and Rolf Uwe Fülbier. "Content and context: “fair” values in China." Accounting, Auditing & Accountability Journal 30, no. 2 (February 20, 2017): 352–77. http://dx.doi.org/10.1108/aaaj-08-2014-1807.

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Purpose The evolution of International Financial Reporting Standards (IFRS) was nurtured by economists and accountants loyal to the philosophical basis of what is often referred to as “Western” market economies, being classical and neoclassical contracting theories. The purpose of this paper is to illustrate how a particular Asian cultural attribute (guānxì ) impacts on the efficacy of fair value measurement. Design/methodology/approach Using a literature review and research of studies of the adoption of IFRS in China, studies of both guānxì and fair value in Chinese accounting research, this study unbundles Williamson’s governance structure and contracting theory to examine how guānxì is positioned orthogonally to fair value (market-oriented valuation) principles for financial reporting. This is followed by a case study of the events surrounding the collapse of China Medical Technologies. Findings Guānxì is integral to Asian economies and economic transactions. Resulting conditions, characterised by relational contracting, may not meet the qualitative characteristics of neutrality and faithful representation in fair value measurement of assets and liabilities. The same may be true when insider or “trusted party transaction” values prevail for large ticket transactions among entities in any jurisdiction. Research limitations/implications Future research on the impact of guānxì may be constrained by its often hidden, and yet dynamic, character; and the varieties of its manifestations. Originality/value This study highlights how difficult it may be to achieve both comparability and relevance in the asset and liability recognition and measurement rules in Asian (and possibly also other) economies adopting accounting principles that are developed in a Western context.

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Fink, Melanie. "EU liability for contributions to Member States breaches of EU law." Common Market Law Review 56, Issue 5 (September 1, 2019): 1227–64. http://dx.doi.org/10.54648/cola2019101.

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This article analyses the circumstances under which the EU incurs liability for contributing to breaches of EU law committed by Member States. It proposes to distinguish between what will be called primary liability, i.e. the liability that directly arises from the violation committed by the Member State, and associated liability, i.e. the liability arising for having contributed to the Member State’s violation. Systematically analysing the ECJ’s case law on primary and associated EU liability for contributions to breaches of EU law, this article identifies patterns in the Court’s approach and ultimately provides a clearer picture of the conditions under which liability may arise.

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Bueno, Nicolas, and Claire Bright. "IMPLEMENTING HUMAN RIGHTS DUE DILIGENCE THROUGH CORPORATE CIVIL LIABILITY." International and Comparative Law Quarterly 69, no. 4 (September 7, 2020): 789–818. http://dx.doi.org/10.1017/s0020589320000305.

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AbstractSince the adoption of the UN Guiding Principles on Business and Human Rights the relationship between human rights due diligence (HRDD) and corporate liability has been a source of legal uncertainty. In order to clarify this relationship, this article compares and contrasts civil liability provisions aiming at implementing HRDD. It explains the legal liability mechanisms in the draft Treaty on Business and Human Rights and in domestic mandatory HRDD legislation and initiatives such as the French Duty of Vigilance Law and the Swiss Responsible Business Initiative. It compares these developments with the emerging case law on parent company and supply chain liability for human rights abuses. It explores the potentially perverse effects that certain civil liability provisions and court decisions might have on companies’ practices. Finally, it makes recommendations for the design of effective liability mechanisms to implement HRDD.

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Martínez Gutiérrez, Norman A. "New Global Limits of Liability for Maritime Claims." International Community Law Review 15, no. 3 (2013): 341–57. http://dx.doi.org/10.1163/18719732-12341256.

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Abstract The current international regime regulating global limitation of liability for maritime claims is based on the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC Convention) as amended by the 1996 Protocol thereto. This Protocol, in an effort to promote expediency, introduced an efficient system for the updating of the limits of liability through the adoption of a tacit acceptance procedure. In accordance with this procedure, and based on an Australian proposal, the International Maritime Organization (IMO) Legal Committee adopted new limits of liability for maritime claims through Resolution LEG.5(99) of 19 April 2012. This paper thus outlines the limits of liability set out in the 1996 LLMC Protocol and then discusses briefly the new limits of liability adopted by the Legal Committee through the tacit acceptance procedure. The paper also highlights the outstanding issues which are yet to be discussed by the Legal Committee in its future work.

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BrunnÉee, Jutta. "Of Sense And Sensibility: Reflections On International Liability Regimes As Tools For Environmental Protection." International and Comparative Law Quarterly 53, no. 2 (April 2004): 351–68. http://dx.doi.org/10.1093/iclq/53.2.351.

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There are several reasons, pertaining to both the development of a generallyapplicable framework and the elaboration of issue-specific approaches, why it is timely to reflect on whether liability regimes are an appropriate tool for international environmental protection. At the level of general norms, the International Law Commission (ILC) appears to have arrived at a crossroads, as it must decide whether and how to approach further work on liability for transboundary environmental harm. At the same time, discussions about issuespecific liability regimes have proliferated. Indeed, it seems that few multilateral environmental agreements (MEAs) can be negotiated today without running across the liability issue in one way or another. The issue often divides Southern delegations, which tend to push for the inclusion of liability regimes, and Northerndelegations, which tend to resist. But the disagreement is not just a matter of policy and politics. There is also a lively debate in the literature about the pros and cons of international liability regimes. All the more reason, therefore, to assess whether engaging in the laborious task of developing a liability regime is a good investment of scarce negotiating resources. The goals that animate the quest for environmental liability are important ones: to make polluters pay for the environmental costs of their activities, to compensate innocent victims, to protect the environment, and, in certain contexts, to protect developing countries against environmental risks. The key question is whether, given these sensibilities, the approach makes sense.

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Maddox, Jon R. "Products Liability in Europe: Towards a Regime of Strict Liability." Journal of World Trade 19, Issue 5 (October 1, 1985): 508–21. http://dx.doi.org/10.54648/trad1985054.

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Dascalopoulou-Livada, Phani, and Alexandros Kolliopoulos. "The Kiev Civil Liability Protocol and the Interaction between Civil and Administrative Liability Regimes." International Community Law Review 19, no. 4-5 (September 26, 2017): 518–50. http://dx.doi.org/10.1163/18719732-12341361.

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Abstract Τhe Kiev Civil Liability Protocol creates a strict liability regime which channels liability towards the operator, providing also that such liability shall be covered by compulsory insurance. The Protocol implements the “polluter-pays” principle and, unlike other similar regimes, it is neither exclusive nor self-contained, allowing in some instances for the application of other international instruments or of relevant rules of domestic law. It is argued that the Kiev Protocol can coexist with eu Directive 2004/35 on environmental liability, given that the latter opts for an administrative approach, and could even provide a mechanism for the recovery of costs incurred by the competent public authority in case of transboundary damage, thus facilitating the implementation of the Directive. It covers both economic and, to an extent, environmental damage and, if in force, will be an important tool in the hands of the victims of transboundary pollution.

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Thomas, Kristie. "THE PRODUCT LIABILITY SYSTEM IN CHINA: RECENT CHANGES AND PROSPECTS." International and Comparative Law Quarterly 63, no. 3 (June 17, 2014): 755–75. http://dx.doi.org/10.1017/s0020589314000219.

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AbstractFollowing the enactment of the 2009 Tort Liability Law the product liability system in China is largely complete. This article sketches the development of this system before outlining some of the main substantive provisions in force today and drawing comparisons between the Chinese approach and the US and European provisions. The Article will conclude that China's product liability system provides an interesting case study which enriches the study of global trends and norms in the product liability arena. In line with many other countries, particularly in the Asia-Pacific region, the main influence on China has been the EC Directive rather than the US model.

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Aparac, Jelena. "Gaps in Corporate Liability." International Community Law Review 23, no. 5 (November 10, 2021): 486–502. http://dx.doi.org/10.1163/18719732-23050005.

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Abstract Fact-finding is a fundamental step in providing documentation that can be used in domestic and international proceedings. The United Nations establishes commissions of inquiry to investigate international law violations, often in contexts of armed conflict, under the mandate of the Human Rights Council or other more political organs of the UN. They vary in mandate, as well as in investigative and geographic scope. However, to this day, fact-finding mechanisms or inquiry commissions have only rarely conducted investigations into corporate crimes, even in cases where the UN has explicitly recognized the part played by economic actors in armed conflicts. Because corporations are not subjects of international law, they are presumed not to have any direct obligations under international law. Moreover, the mandates of fact-finding missions de facto exclude corporations from investigations because such mandates are always designed to investigate international law violations. By voluntarily dismissing any investigation of corporate crimes, the UN is significantly limiting prospects for corporate responsibility and impeding the process of transitional justice.

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Schermers, Henry G. "Liability of international organizations." Leiden Journal of International Law 1, no. 1 (May 1988): 3–14. http://dx.doi.org/10.1017/s0922156500000637.

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When in 1985 the International Tin Council was unable to meet its financial obligations, various legal questions arose. It appears that the question of liability of international organizations has, up till now, not been adequately addressed. The article written by Professor Henry G. Schemers is a first attempt in legal literature to examine the liability of international organizations from a theoretical point of view. The author concludes that the principle that everybody is liable for his debts does not apply to international governmental organizations. The liability of governments is, in the eyes of the author, not limited when they perform some of their tasks through an international organization, unless there is an express provision to this effect. However, in general international law is insufficiently developed with respect to the payment of debts of international organizations.

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Petrin, Martin, and Barnali Choudhury. "Group Company Liability." European Business Organization Law Review 19, no. 4 (October 23, 2018): 771–96. http://dx.doi.org/10.1007/s40804-018-0121-7.

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STEWART, JAMES G. "The End of ‘Modes of Liability’ for International Crimes." Leiden Journal of International Law 25, no. 1 (February 6, 2012): 165–219. http://dx.doi.org/10.1017/s0922156511000653.

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AbstractModes of liability, such as ordering, instigation, superior responsibility, and joint criminal liability, are arguably the most-discussed topics in modern international criminal justice. In recent years, a wide range of scholars have rebuked some of these modes of liability for compromising basic concepts in liberal notions of blame attribution, thereby reducing international defendants to mere instruments for the promotion of wider sociopolitical objectives. Critics attribute this willingness to depart from orthodox concepts of criminal responsibility to international forces, be they interpretative styles typical of human rights or aspirations associated with transitional justice. Strangely, however, complicity has avoided these criticisms entirely, even though it, too, fails the tests international criminal lawyers use as benchmarks in the deconstruction of other modes. Moreover, the source of complicity's departures from basic principles is not international as previously suggested – it stems from international criminal law's emulation of objectionable domestic criminal doctrine. If, instead of inheriting the dark sides of domestic criminal law, we apply international scholars’ criticisms across all modes of liability, complicity disintegrates (as do all other modes of liability) into a broader notion of perpetration. A unitary theory could also attach to all prosecutions for international crimes, both international and domestic, transcending the long-endured fixation on modes of liability within the discipline.

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Monti, G. "Osman v. UK—Transforming English Negligence Law into French Administrative Law?" International and Comparative Law Quarterly 48, no. 4 (October 1999): 757–78. http://dx.doi.org/10.1017/s0020589300063673.

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Liability of public authorities is limited in all European countries. In Osman v. UK1 the European Court of Human Rights (“the Court”) has reviewed the scope of English negligence law in a case concerning the liability of the police. On a first reading the judgment may appear to be confined to the facts of the case at hand, but further reflection suggests that the Court has attacked the orthodox approach to negligence liability for public authorities in English law.

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DARCY, SHANE. "Imputed Criminal Liability and the Goals of International Justice." Leiden Journal of International Law 20, no. 2 (May 21, 2007): 377–404. http://dx.doi.org/10.1017/s0922156507004116.

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This article considers the suitability of employing particular modes of imputed criminal liability in trials before international criminal tribunals. It focuses specifically on the doctrines of joint criminal enterprise and superior responsibility, two forms of liability which are central to many contemporary international criminal proceedings. Both doctrines can involve a broad form of criminal liability which may not be entirely appropriate when one considers the context in which such trials take place and the significance which often attaches to them. Proponents of international justice have contended that the contribution of these trials goes beyond basic accountability and providing justice for victims, extending also to peacemaking, reconciliation, deterrence, and the creation of a historical record. This article queries whether aspects of joint criminal enterprise liability and superior responsibility are appropriate when international justice is viewed in this light.

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McCARHTY, DAVID. "Liability and Risk." Philosophy Public Affairs 25, no. 3 (July 1996): 238–62. http://dx.doi.org/10.1111/j.1088-4963.1996.tb00041.x.

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Lock, Tobias. "Is private enforcement of EU law through State liability a myth? An assessment 20 years after Francovich." Common Market Law Review 49, Issue 5 (October 1, 2012): 1675–702. http://dx.doi.org/10.54648/cola2012095.

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This article assesses the success of Member State liability as a tool for the private enforcement of European Union law. The argument made is that Member State liability, first established 20 years ago in the Francovich case, is not a suitable and reliable mechanism to compensate for the weaknesses of public enforcement. The argument is based on statistical findings concerning the case law on Member State liability in two key Member State jurisdictions, England and Germany. The findings reveal that surprisingly little litigation has taken place so far and that only a handful of cases were litigated successfully. This leads the author to conclude that Member State liability has not been successful as a mechanism for the enforcement of EU law. The article continues by analysing why most of the proceedings initiated remain unsuccessful. It is shown that the criteria for the remedy are very difficult to satisfy and that there is reluctance on the part of national courts to award damages for the failure of Member States to comply with EU law. Against this background it is suggested that State liability under EU law should be chiefly regarded as a means of individual compensation rather than a tool for the private enforcement of EU law

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SáCouto, Susana, Leila Nadya Sadat, and Patricia Viseur Sellers. "Collective criminality and sexual violence: Fixing a failed approach." Leiden Journal of International Law 33, no. 1 (November 27, 2019): 207–41. http://dx.doi.org/10.1017/s092215651900061x.

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AbstractInternational criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of modes of liability doctrine in the abstract but ignore the application of this doctrine in concreto. As a result, facially neutral writings on modes of liability may in fact be gendered in application, either because they fail to account for the specific characteristics of sexual and gender-based violence or because they are applied in a manner that requires higher thresholds for finding culpability for the commission of SGBV crimes. This article fills the gap between theory and practice, examining past and present doctrine, and suggesting ways in which the treatment of modes of liability by international criminal courts and tribunals can both properly respond to the need for personal culpability and the dangers of collective criminal activity, particularly as regards SGBV crimes.

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van der Laan, Lousewies S. A. L. B. "The Aerospace Plane: Collisions and Damage to a Third Party on the Surface of the Earth: Which Liability Regime will Rule?" Leiden Journal of International Law 4, no. 2 (September 1991): 249–80. http://dx.doi.org/10.1017/s0922156500002314.

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The article addresses the establishment of a legal regime concerning liability questions of the aerospace plane. The existing air and space law, as laid down for example in the Chicago Convention and the Outer Space Treaty -especially the definition of the words ‘aircraft’ and ‘space object’-is used as a starting point. The applicability of the existing regimes to the aerospace plane is then evaluated. Two concrete cases, namely liability resulting from damage to third parties on the suiface of the earth and liability after collisions, are presented in depth to illustrate the legal questions that this new hybrid craft will raise. Finally some modest suggestions are made as to the resolution of the conflicts.

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32

Van Eecke, Patrick. "Online service providers and liability: A plea for a balanced approach." Common Market Law Review 48, Issue 5 (October 1, 2011): 1455–502. http://dx.doi.org/10.54648/cola2011058.

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Internet access providers, online platforms and other intermediaries benefit from a protection against liability claims caused by end-users' illegal or harmful information. This liability limitation is enshrined in the 2000 Directive on Electronic Commerce, a directive considered crucial for a proper functioning of the internal market, the uptake of the information society and the protection of freedom of speech. Throughout the years, the liability protection for online intermediaries seems, however, to have been gradually carved out by case law, particularly on the Member State level. In recent cases, such as C- 236/08, Google France, and C-324/09, L'Oréal, the European Court of Justice has also interpreted relevant EU legislation. Online intermediaries are increasingly forced to monitor the activities of their users if they want to remain shielded from liability. Paradoxically, obliging online intermediaries to monitor the information transmitted or stored by users is forbidden by the same Directive on Electronic Commerce. This article proposes a balanced approach in which the intermediary protection regime can be safeguarded, whilst still protecting the rights of third parties whose rights may be infringed on the internet.

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FARHANG, CLIFF. "Point of No Return: Joint Criminal Enterprise in Brđanin." Leiden Journal of International Law 23, no. 1 (February 2, 2010): 137–64. http://dx.doi.org/10.1017/s0922156509990367.

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AbstractIn the Brđanin and Krajišnik judgments, the ICTY Appeals Chamber found that the accused may incur criminal liability for crimes carried out by low-level non-joint criminal enterprise (JCE) physical perpetrators who are used as tools or are otherwise instrumentalized by JCE members other than the accused to carry out the crimes of the common plan. Similarly, the Appeals Chamber held that the accused may also incur liability for crimes of excess committed by non-JCE perpetrators. However, as for the precise nature of liability in such cases, no clarification was provided. From this ambiguity the author detects an inclination on the part of the Appeals Chamber to construe JCE not only as an expression of commission but also of complicity. The author then identifies and elaborates the theoretical difficulties that this construction would instil in the traditional doctrine of JCE as formulated by the Tadić Appeals Chamber and the international law of individual criminal responsibility. He suggests that awareness of these very problems of theory is the reason behind the conspicuous ambiguity in Brđanin and Krajišnik as to the nature of JCE liability.

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34

Vansant, Robert E. "Liability: Attitudes and Procedures." Journal of Management in Engineering 1, no. 4 (October 1985): 227–32. http://dx.doi.org/10.1061/(asce)9742-597x(1985)1:4(227).

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35

Lunch, Milton F. "The Liability Crisis‐Revisited." Journal of Management in Engineering 6, no. 2 (April 1990): 197–202. http://dx.doi.org/10.1061/(asce)9742-597x(1990)6:2(197).

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36

Raffer, Kunibert. "Risks of Lending and Liability of Lenders." Ethics & International Affairs 21, no. 1 (March 2007): 85–106. http://dx.doi.org/10.1111/j.1747-7093.2007.00062.x.

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Risk and liability change the initially stipulated terms of contracts, overruling their otherwise binding nature. Risk encourages careful assessment of debtors' abilities to service debts. Errors and negligence in assessment, and even external shocks, make creditors suffer losses. Disregarding one's duty of care or professional standards, or engaging in tortious or illegal behavior makes actors liable to compensate for any resulting damage—a necessary systemic element of the framework markets need to function well. Neither mechanism was allowed to work properly in sovereign lending.This essay analyzes why risk and liability are necessary mechanisms of well-functioning markets, and discusses how risk can be handled. In the United States, inappropriate regulatory norms hindered providing against risk in the case of sovereign debt. The absence of liability—a market imperfection—has produced debts no decent legal system would recognize as legitimate domestic debt, thus aggravating the sovereign debt problem, and giving rise to concepts such as criminal, odious, and illegal debts. Discriminating sovereign debtors and disobeying the rule of law caused market distortions, resulting in not only grave damages to debtors, but also losses to creditors that the mechanisms risk and liability would have avoided. Finally, I briefly present proposals to repair these shortcomings in order to avoid the disasters of the past.

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37

Day, Robert W. "Strategies for Avoiding Civil Liability." Journal of Professional Issues in Engineering Education and Practice 120, no. 3 (July 1994): 265–69. http://dx.doi.org/10.1061/(asce)1052-3928(1994)120:3(265).

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38

Day, Robert W. "Engineering Jargon and Civil Liability." Journal of Professional Issues in Engineering Education and Practice 120, no. 4 (October 1994): 413–18. http://dx.doi.org/10.1061/(asce)1052-3928(1994)120:4(413).

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39

Eroğlu, Muzaffer. "Limited Liability in Turkish Law." European Business Organization Law Review 9, no. 2 (June 2008): 237–65. http://dx.doi.org/10.1017/s1566752908002371.

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Kuntz, Thilo. "Asset Partitioning, Limited Liability and Veil Piercing: Review Essay on Bainbridge/Henderson, Limited Liability." European Business Organization Law Review 19, no. 2 (May 9, 2018): 439–63. http://dx.doi.org/10.1007/s40804-018-0108-4.

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41

Ferreira, Nuno. "Putting the Age of Criminal and Tort Liability into Context: A Dialogue between Law and Psychology." International Journal of Children's Rights 16, no. 1 (2008): 29–54. http://dx.doi.org/10.1163/092755608x267157.

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AbstractThe concepts of 'liability age' and 'capacity responsibility' have been widely dissected by researchers in various fields. However, their application to both criminal and tort liability of children remains inconsistent. Furthermore, rarely has an interdisciplinary approach adequately dealt with these concepts and their impact on legal norms. This text investigates the notion of criminal and tort liability age in connection with the notion of capacity responsibility, in relation to children, and further questions the adequacy of the relevant legal norms. This endeavour to improve the applicable legal norms is supported by an analysis of the pertinent findings in the field of psychology, particularly in respect of the moral development of children. Informed by an excursion through the ideas of Piaget, Kohlberg, and Gilligan, among others, regarding the moral development of children, the text also serves to assess the impact of concepts of moral responsibility and maturity, in relation to the development of the legal norms, which determine the age of liability of children. The text concludes with a proposal for a criminal and tort liability age framework, based upon indicative/presumptive age milestones, and an integrated approach to all relevant circumstances in casu.

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Artz, Nancy, Jeffrey Gramlich, and Terry Porter. "Low-profit Limited Liability Companies (L3Cs)." Journal of Public Affairs 12, no. 3 (May 3, 2012): 230–38. http://dx.doi.org/10.1002/pa.1437.

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Murphy, Sean D. "Prospective Liability Regimes for the Transboundary Movement of Hazardous Wastes." American Journal of International Law 88, no. 1 (January 1994): 24–75. http://dx.doi.org/10.2307/2204021.

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At the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, governments decided to cooperate “in an expeditious and more determined manner” to develop international law regarding liability and compensation for transnational environmental damage. UNCED, however, did not decide whether this development should proceed broadly through codification of principles or rules encompassing all types of transnational environmental damage or more narrowly through the establishment of liability and compensation regimes tailored to specific issues of environmental damage.

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Buchen, Clemens, Bruno Deffains, and Alberto Palermo. "Stigmatization, Liability and Public Enforcement of Law." Revue d'économie politique 129, no. 2 (2019): 235. http://dx.doi.org/10.3917/redp.292.0235.

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45

Taylor, Simon. "The Harmonisation of European Product Liability Rules: French and English Law." International and Comparative Law Quarterly 48, no. 2 (April 1999): 419–30. http://dx.doi.org/10.1017/s0020589300063260.

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The 1985 European Communities Directive on Product Liability1aims to harmonise member State product liability rules and to improve the level of protection of victims by basing the liability of producers for physical injury and damage to personal goods on the proof that the victim's damage was caused by a defect in the product supplied. On 19 May 1998, ten years after the deadline for transposition, France finally enacted legislation incorporating the Directive into national law.2The Directive was incorporated into English law by Part I of the Consumer Protection Act 1987.

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Miller, David W. "Loss Prevention: Safeguards Against Liability." Journal of Management in Engineering 3, no. 2 (April 1987): 95–115. http://dx.doi.org/10.1061/(asce)9742-597x(1987)3:2(95).

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47

Spry, Max. "Unions, Vicarious Liability and Quasi?criminal Conduct." Journal of Industrial Relations 44, no. 4 (December 2002): 579–84. http://dx.doi.org/10.1111/1472-9296.00066.

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48

Raffer, Kunibert. "Risks of Lending and Liability of Lenders." Ethics & International Affairs 21, S1 (November 2007): 127–50. http://dx.doi.org/10.1111/j.1747-7093.2007.00087.x.

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Quill, Eoin. "Employers’ Liability for Bullying and Harassment." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (December 1, 2005): 645–66. http://dx.doi.org/10.54648/ijcl2005030.

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Abstract: This article examines the application of tort principles to the question of an employer?s liability for the psychological effects of bullying and harassment in the workplace in Ireland, comparing the position in the UK. It notes the difference in approach taken in these countries to the duty to avoid negligently inflicted psychiatric harm. It then goes on to examine the limited jurisprudence on intentionally inflicted emotional distress, looking briefly at US jurisprudence in respect of potential development of the law in Ireland and the UK. Finally it examines vicarious liability, including recent Canadian developments, that are proving to be instructive.

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Day, Robert W. "Strict Liability in Civil Engineering Practice." Journal of Professional Issues in Engineering Education and Practice 119, no. 2 (April 1993): 134–37. http://dx.doi.org/10.1061/(asce)1052-3928(1993)119:2(134).

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Journal articles on the topic 'Relational liability'

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