Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this ...monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
The pseudomorphic replacement of Carrara marble by calcium phosphates was used as a model system in order to study the influence of different fluid pathways for reaction front propagation induced by ...fluid–rock interaction. In this model, grain boundaries present in the rock as well as the transient porosity structures developing throughout the replacement reaction enable the reaction front to progress further into the rock as well as to the center of each single grain until transformation is complete. Hydrothermal treatment of the marble using phosphate bearing solutions led to the formation of hydroxylapatite and β-TCP; the formation of the latter phase was probably promoted by the presence of ∼0.6 wt.% Mg in the parent carbonate phase. Completely transformed single grains show a distinctive zoning, both in composition and texture. Whereas areas next to the grain boundary consist of nearly pure hydroxylapatite and show a coarse porosity, areas close to the center of the single grains show a high amount of β-TCP and a very fine porous microstructure. If fluorine was added as an additional solution component, up to 3 wt.% of F were incorporated into the product apatite and the formation of β-TCP was avoided. The use of the isotope 18O as a chronometer for the replacement reaction makes it possible to reconstruct the chronological development of the calcium phosphate reaction front. Raman analysis revealed that the incorporation of 18O in the PO4 tetrahedron of hydroxylapatite results in the development of distinct profiles in the calcium phosphate reaction front perpendicular to the grain boundaries of the marble. Through the use of the 18O chronometer, it is possible to estimate and compare the time effectiveness of the different fluid pathways in this model system. The results demonstrate that the grain boundaries are an effective pathway enabling the fluid to penetrate the rock more than one order of magnitude faster compared to the newly developing channel-like porosity structures, which act as pathways towards the center of single mineral grains. Thus, after only short reaction durations, it may be possible for the fluid to progress relatively large distances along the grain boundaries without developing broad reaction fronts along the path.
•Hydrothermal replacement of marble by hydroxylapatite and β-TCP.•Formation of β-TCP is avoided if fluorine is present in solution.•18O used as a chronometer to study time effectiveness of different fluid pathways.•Grain boundaries represent more effective fluid pathways than porosity structures.
This article seeks to address the manner in which we should conceptualise the duties of directors in making decisions where fundamental rights are at stake. We first attempt to show that, in making ...decisions that implicate fundamental rights, directors are required to consider all individuals affected as having an intrinsic dignity. The interests of non-shareholders must thus be addressed in a non-instrumental manner which, we argue, is only compatible with the adoption of a 'stakeholder' conception of directors' duties. Adopting such an approach, however, raises the difficulty of how directors are to balance multiple intrinsically valuable interests. We argue that the doctrine of proportionality—which has been developed in fundamental rights law as a structured enquiry concerning the circumstances in which it is justifiable to limit rights—can be adapted to the domain of corporate decision-making. The proportionality enquiry provides a transparent, structured process of reasoning that can aid corporate decision-making and open up the possibility for reviewing decisions of directors that affect the fundamental rights of individuals.
Part 1 A Theory of International Criminal Law Ausserladscheider Jonas, Laura
Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes,
2021, Volume:
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Series Information Ausserladscheider Jonas, Laura
Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes,
2021, Volume:
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Part 2 Complicity – Internationally and Nationally Ausserladscheider Jonas, Laura
Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes,
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Foreword Ausserladscheider Jonas, Laura
Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes,
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Part 3 Determination of the Rules Ausserladscheider Jonas, Laura
Individual Criminal Responsibility for the Financing of Entities Involved in Core Crimes,
2021, Volume:
3
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