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Like every other hobbit, Bilbo Baggins likes nothing better than a quiet evening in his snug hole in the ground, dining on a sumptuous dinner in front of a fire. Law 46—91 Law Polit. Law J. Roth eds. Law — Law Q. Roth, Governmental Illegitimacy in International Law His main research areas include the political economy of war, the governance of primary commodity sectors, and illicit financial flows.

For those controlling its flow, oil provides a concentrated revenue stream without equal and a source of enormous social power. Economic development in the twentieth century owes much to the cheap and flexible energy that an expanding flow of oil has provided. But this development has come at a high price, especially for people in producing regions.

Turning oil wealth into broadly based social development is a massive challenge for producing countries. Oil-field development requires large capital investment but creates relatively few direct jobs. While oil earnings are generally impressive, they are also highly volatile and often negatively distort the rest of the economy. Yet oil wealth can work against these requirements by fuelling short-term populist policies or unrealistic long-term plans, concentrating rather than diversifying economic activity through overvalued currency and labour-market distortions, and weakening instead of consolidating institutions through corruption, bloated bureaucracies, as well as entrenched patronage and patriarchy.

These challenges are often compounded by the destructive will and personal interests of rulers in oil producing countries. Oil wealth can sustain tyrannies by breaking the link between taxation and representation, supporting belligerent autocrats, and securing the support of foreign powers eager to selectively maintain rulers for the sake of oil supplies and lucrative contracts.

In some of the worst cases, oil wealth sustains chronic insurgencies and enables aggressive leaders to take their country to war. Hundreds of scholars have examined these effects, including lack of accountability of resource-fuelled autocrats and rebels, the complicity of corporations and consumers, and the blowbacks resulting from dealing with resource-rich autocrats. His main call is thus to put an end to the unlawful control of resources by illegitimate and unaccountable rulers. Civil society organizations have also rallied against specific commodity exports, but these campaigns have generally targeted the complicity of individual western companies, rather than the resource ownership of rulers in exporting states.

The United Nations Security Council imposed commodity sanctions in at least 26, though mostly on rebel groups rather than governments. More systematically, several schemes have attempted to limit commodity exports to those matching norms of good governance, but these have looked at practices within specific sectors, rather than the type of regime and the record of rulers in exporting countries. Overall, commodities still remain largely anonymous when it comes to their rightful owners and social impacts. This has no place in the workings of 21st century commodity trade; when so many traceability instruments and information channels are available to inform authorities and consumers about the provenance and impacts of commodities in producing countries.

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Voluntary instruments are likely to remain limited in their effectiveness, precisely because they are working in a competitive market characterized by an uneven ethical playing field. State-led public policies on sourcing would be more effective, but decisions would come under pressure from many other dimensions, including supply security, affordability, and geopolitical concerns — reproducing many of the distortions observed for UN Security Council sanctions.

The best avenue may rest in the legal domain: when claimants can get compensation for having their goods stolen by their illegitimate rulers, and corporate intermediaries in the receiving of stolen goods can be deterred through extensive fines. Corruption by international companies has not come to an end, but some progress has been made since heavy fines and costly reputational damage incentivized companies to change their practices. The oil curse: how petroleum wealth shapes the development of nations. Princeton University Press. Wars of plunder: Conflicts, profits and the politics of resources.

Petro-aggression: When oil causes war. Cambridge University Press. Commodity Sanctions. Springer, Cham. Her teaching interests are in the broad area of Public International Law, especially the law of armed conflict, international environmental law and international criminal law. This is an important book. Although not the first to document the extreme deprivation that exists in countries abundant with natural resources or the kleptocratic manner in which those in authority enrich themselves at the expense of their populations, it is to my knowledge the first to offer a systematic explanation of our collective complicity as citizens in this kleptocratic enterprise.

The existing literature whether by international lawyers or political scientists, have largely documented the complicity of governments and large corporations in atrocities perpetrated by autocratic and unaccountable regimes as well by rebel groups; collectively, these groups have been able to inflict unimaginable misery on political communities, domestic and international through revenues generated by natural resources. The first part of this book is largely confirmatory of the themes in the existing body of literature that have explored the predatory and destabilizing role of natural resources in perpetuating autocracy, religious intolerance, mass human rights abuses and general global insecurity.

The book is meticulously researched and backed by impressive data as evidenced by the detailed account of the extensive abuse of power by President Obiang of Equatorial Guinea, a country and a president not usually the stuff of headlines! But it is not just explanatory of the pernicious effects of natural resources especially oil. The book postulates an agenda for change, a plea for responsible citizenship that would require individuals in rich countries to give up their dependence on oil from repressive regimes, loosely categorized as those governments that are in not in any way accountable to their populations especially natural in resource matters.

Thematically this review is by no means comprehensive and in many ways reflects my own disciplinary biases as a public international lawyer. However, it is probably a good area to focus on because from the outset, the author does not hide his disdain for the normative framework of international law and its supporting institutions. Put crudely that international law itself sanctions the theft of natural resources by odious regimes from citizens who rightly own it.

This is not because they would not prefer things to be otherwise — international law has never claimed that this it is a just or morally defensible rule, but it is a rule the reflects an acceptable compromise between the twin demands of justice and order in a pluralist community of states. It also a nod to the reality that co-operation and peaceful co-existence may in fact entail a considerable degree of deference to governance structures that are plainly undemocratic. Few would disagree that effective control is in fact the bedrock on which, however imperfect, the present system of international peace and security rests.

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To be clear, he is adamant that his is no call for pro-democratic intervention, but the coercive and intrusive economic measures advocated for in his Clean Trade Act would in each case have an effect, potentially as catastrophic as the military interventions in Iraq and Libya but this time affecting a multiplicity of regimes and millions of citizens.

There are good reasons why the strictures on intervention are not limited to use of force but extend to all forms of economic and political coercion, especially when intended to bring about regime change. There is also the deeply troubling fact that we live in an international system characterized by profound political inequality and in which the United States and the United Kingdom have played a pivotal role in the marginalization of states from the Global South, and have themselves been complicit in propping up some of the most repressive governments that emerged during the cold war period.

Against this backdrop, any proposal of oversight by citizens of these same countries plays straight back into the narrative of subordination, a civilizing mission in all but name. Moreover, it is surprising that not much thought is given in the book as to how those likely to be destabilized by the proposed system of boycott may react to them; for to have any veneer of legitimacy it must act at least in concert or with the the tacit approval of those with a stake in the system.

Congolese artisanal miners as the doomed US legislation Dodd Franck indicates or Nigerian citizens dependent on oil revenue are unlikely to take very kindly to system of degrading tutelage overseen by American or British consumers, deciding when best to buy oil from their governments and when to retreat. Moreover, it assumes as a matter of fact that the citizens of rich nations, empowered to exercise oversight will act on principle free from bias or the influence of domestic partisan interests.

The Dodd Franck conflict mineral legislation introduced in was designed to prevent US corporations from buying conflict minerals that were fuelling violence in the DRC is swiftly being reversed by the Trump administration not because of its devastating socio-economic impact, as the de facto boycott of Congolese minerals took hold, but because it puts US companies at a competitive disadvantage in the international market.

The litigation in US Courts challenging the Dodd Franck Act was singularly concerned with the first amendment rights of American corporations and the livelihoods of local stakeholders impoverished in the wake of its implementation has played no role at all in the formulation of American policy. There in are fact good reasons why all legal systems including international law, generally frown on self-help, and when sanctioned, only as a most exceptional measure, and subject to important humanitarian safeguards. The systematic boycotts proposed in the book, to the extent that it will be directed at largely oil producing Islamic states will if nothing else be a rallying point for political Islam and the attendant security implications.

The futility of prolonged economic sanctions in Iraq and their effect in helping Saddam Hussein consolidate his hold on power, as an Arab hero resisting the forces of neo-colonialism, is a cautionary tale against attempts to bring about political change through external economic coercion. This is not to say that states must do as they please or that we must always look the other way, but any forms of pressure brought to bear must be consistent with the bedrock principles on which our shared security rests.

A targeted campaign of boycott with a declared objective of regime change, even if that change emanates from the people themselves must also recognize that is a course of action potentially destabilizing the very communities it is meant to protect. His areas of expertise are moral and political philosophy, with a focus on issues of international justice.

We are accustomed to the depredations of authoritarian regimes, civil conflict, widespread human rights violations and extreme poverty far removed from our day to day activities. We can ring our hands and shake our heads, but what do we really have to do with any of these happenings? And given that we have little to do with them, how much cost can we actually be expected to take on to try to mitigate them? Wenar grabs us by the lapels and shakes us from such acquiescent patterns of thinking. He argues that we are contributing to many such harms, and doing so directly though our everyday purchasing behavior.

Effectiveness creates powerful incentives for people to take and maintain control over resources, which explains why so many resource-rich countries suffer from social and political dis-function. And it is because of this rule that the money we spend at filling stations and on consumer goods goes back into the pockets of oppressive rulers and fuels intense and violent competition over the control of resources. Yet while Wenar confronts individuals directly for their role in this deeply unjust system of trade, the reform proposals he offers are not things that individuals, qua individuals, can do.

That is, states must cease to engage in trade in resources with governments that fail to meet even quite minimal standards of legitimacy—a Clean Trade Act And they must impose tariffs on goods imported from countries that use resources from such regimes as inputs to their production, with the funds held until they can be returned to the exporting countries once their governments are legitimate—a Clean Hands Trust One answer might seem straightforward: individual consumers should join together to bring about the changes in the policies of the states that represent them to comply with the norms of Clean Trade.

It is our governments that identify which foreigners possess legal rights to sell foreign resources to us, and were they to suspend such rights as in the case of the executive order targeting Sudan we could not purchase them , So the natural approach would be to work together to bring about legal reform in our own countries so as to delink ourselves from non-clean trade. If it turns out that the concerted action of willing individuals will be highly unlikely to bring about the reforms Wenar proposes, where does that leave us? This is not an idle question.

Although Wenar carefully shows how his reforms may be incentive compatible, there are also, he notes, very powerful interests that would be mobilized against them Certainly, no major political party in any Western country has made trade reforms of this type part of their agenda, and it is hardly obvious that this will change in the near future. Note that the kind of responsibility that Wenar has attributed to consumers—not to contribute to harming innocent people and stealing resources that belong to them—is quite stringent. We cannot easily excuse ignoring this responsibility by appealing to the costs to ourselves of doing so, or to other valued moral ends that our conduct will bring about if we act against it as Wenar details, existing trade generates great benefits, as well as harms, which might be diminished with reduction in trade volumes x.

So throwing up our hands in frustration at the unwillingness of others to help bring about the desired institutional reforms while getting on with our ordinary business is not, on this reasoning, an option. Nor would the option of supporting Clean Trade policies that we are confident will not be adopted now or in the near future seem sufficient. One option would be for individuals to withdraw from involvement in trade with countries that do not practice popular resource sovereignty.

Wenar suggests that this is not really feasible. He notes that it is nearly impossible to function in modern societies without using petroleum-based products xxxvi. But this argument is not entirely convincing. While it may be true that we can hardly avoid consuming oil, we can surely limit significantly the degree to which we consume it and products composed of it.

So at the very least his argument would seem to trigger a quite stringent responsibility to reduce consumption—an implication he does not explicitly embrace in his book. Alternatively, individuals might seek to avoid consumption of oil from at least those countries that do not embrace popular sovereignty over resources. Wenar is skeptical that we can do this either, noting that the supply chains involving such products are too complex and intertwined. But should we accept that it is really impossible to gain more information about where the oil we consume is from?

Would it not be possible for citizens to start to demand such information from firms that sell goods to them? Pressure of this sort might be difficult to generate, but arguably much less difficult than bringing about substantial institutional reform. There seem certainly to be some instances in which we can shift from non-clean trade to clean or at least cleaner trade, such as when a new product like the FairPhone appears that is functionally equivalent to other mobile devices without involving components sourced via non-clean trade.

How would we know what we should return to whom unless we are able to track, at least roughly, where the inputs to consumer goods are coming from? His own proposals seem to depend on the feasibility of reliable schemes of certificates of origin When it comes to the stringent responsibility not to contribute to severe harm, acting contrary to it triggers a requirement to take on quite significant costs to address the hardships of the victims. So if it is infeasible to withdraw from involvement in non-clean trade, this seems to trigger quite demanding duties to address their effects.

How should such duties be discharged? All things being equal, individuals should take action in the manner that is most likely to remedy the most amount of harm. We can vote, lobby, contribute to those who are seeking to bring about these changes. But if the forces allied against such changes seem unlikely to be overcome, what individuals should do may diverge considerably from what we together should to.

I ought to orient my efforts where they will have the greatest chance of success. What alternative strategies might I take? We as individuals could self-impose a tax on goods that come to us through non-clean trade. Ideally, these funds would not be held in trust, but rather directed back to those harmed insofar as there is any chance this would do any good.

While I have been speaking of individuals, there is no reason they cannot join together with like-minded others to create organizations that pool such resources and acquit them responsibly. Blood Oil is an important work, and individuals need to think seriously about what they ought to do in light of its analysis given the many obstacles to the adoption of the far-reaching policy reforms that Wenar defends in this work.

Failing to take action as individuals while waiting for institutional reform has another disturbing implication—those who continue to harm innocent people and steal their property become liable to being harmed in self-defense, as well as having their stolen property appropriated by its rightful owners or others acting on their behalf.

This major new text takes up the problem of the resource curse and its discontents, offering a politically ambitious, substantively provocative, beautifully written, and highly accessible treatment of a major global problem. I was especially excited to see a leading political philosopher address the relationship between natural resources and global justice, and to pick up on our overlapping concern for the widespread theft of natural resources globally.

Wenar not only explains the problem with great clarity, he also offers a bold prescriptive way out of the predicament. In this symposium, he submits to respectful scrutiny from a range of scholars from diverse disciplinary backgrounds who contest different aspects of his argument. Before I introduce the commentators, I add to a longer summary he himself has written by presenting some brief background about the central arguments in the book.

In both cases, the alchemy of effectiveness transmutes the iron of coercion into the gold of legal title. Wenar finds the norms necessary to achieve the political transformation to global democracy via resource governance in pre-existing international law, [6] echoing the international law scholars who discovered an emerging right to democracy at the close of the Cold War.

The book addresses itself to a public audience, presumably because its overall conclusion is that we Western consumers are inextricably bound up in this violence and can do something politically transformative in response to it. For surely those warlords had no legal right to their plunder? As will be apparent from my recitation of the argument, a project of this breadth and ambition will attract a broad variety of opinion.

To foster critical debate on this topic, I am pleased to have brought together a group of scholars and practitioners from diverse backgrounds to offer reflections, criticisms and new vantage points on these issues. As is my normal practice, I have placed the names and affiliations of commentators on an accompanying page that lists all of the current and past contributions to this blog see here.

Nevertheless, let me explicitly showcase the disciplinary diversity they offer. This symposium hosts a leading scholar in the philosophy of global justice, a prominent international lawyer from Africa, arguably the leading scholar on resource wars globally and the founders of the NGO Global Witness. I also contribute a series of reactions based on the difficulties that have arisen in the theory and practice of attempts to promote democracy in international law, before inviting Wenar to respond to criticisms.

I hope that the resulting body of thought is stimulating to all those concerned by the egregious underlying problem. Law 46—91 ; Gregory H. In my book I argued that Transnational Holocaust Litigation THL offers a hybrid model, integrating criminal and civil law and conceptions of individual and collective responsibility. Thus, some of the responses suggest that the book overlooked the advantages offered by criminal law, while others argue that it did not go far enough in harnessing the possibilities offered by civil law responsibility. She raises two main points.

With regard to the class action mechanism, she notes the lack of an international institution competent to deal with class action lawsuits, and its relative weakness in many domestic jurisdictions outside the United States. With regard to the role of victims, she claims that the preference for a civil track holds true only in relation to well-defined and organized groups. Moreover, she rightly points out that some criminal law systems such as in Argentina do indeed allow for the initiation and participation of victims.

I would like to focus on the latter point, which questions the advantages for victim participation provided by the THL model as compared with criminal proceedings. Indeed, one of the goals of my book was to emphasize the importance of allowing victim groups to organize, initiate proceedings and participate in the legal process. In particular, I pointed to the possibilities that the THL model offers for overcoming the barriers to such participation set by states in both the domestic criminal track and the international track.

Regarding the question of what kinds of groups may have the chance to harness these possibilities, I believe that THL provided mixed results. On the one hand, weaker groups such as the Roma were unable to receive significant compensation, but on the other hand, while the lawsuits were indeed initiated and led by strong Jewish organizations, most of the compensation paid by German corporations was channeled to weaker groups of former forced-laborers and their families in Eastern Europe.

However, I argue that the solutions that were developed in THL to deal with problems of representation and conflicts of interest can prove fruitful for addressing these issues which are now resurfacing in ICL. In other words, in light of the trend toward victim participation in domestic and international criminal law, THL may provide a source of inspiration for creating better solutions to issues of mass representation.

Kyriakakis reminds us that, in fact, no corporation was put on trial in Nuremberg, so that the power of criminal law over corporate defendants was not really tested. James Stewart also contends that the book downplays the possibilities offered by modern ICL. As I wrote in the book:. In this [the traditional criminal law] model, the culprit characteristically is an individual, and the state intervenes as the accuser and the agent for enforcing and defending violated norms of community order.

The jurisprudence of atrocity begins with the opposite assumption. Here the state is no longer the locus of legality, but rather the source of illegality. Surprisingly, a similar concern with the adequacy of THL to deal with the question of moral blame was also raised from the side of private law by Mayo Moran. While endorsinga civil law perspective, Moran, like Stewart, raises doubts about the need to sidestep the issue of moral blame in order to address institutional responsibility.

As I demonstrated in the book, the American model of structural reform litigation had to abstain from questions of moral blame in order to repair structural failures. In contrast, the criminal model offered by the Nuremberg trials focused on moral blame and therefore had to limit its reach only to the culpable individual.

Houston Stewart Chamberlain

Moran asks if there is a way to integrate the recognition of both moral blame and institutional responsibility. In this respect, she rightly points to important developments in private law concerning the general duty of care in negligence law, as allowing for private law today to engage with structural responsibility without limiting its view to the deviant individual as exemplified by litigation concerning the system of residential schools for First Nations children in Canada.

Another question raised by some of the contributors is whether THL can provide a model for the future. Annika van Baar , acknowledges the importance of the interplay between law and history in my account of THL and its capacity to challenge common distinctions between public and private and between ideological and economic motives that hinder our understanding of business operation during the Third Reich. However, she also doubts whether the THL model could provide a promising model for other contexts, considering the exceptional status of the Holocaust in history.

The question whether THL can provide a model for the future may be answered by considering the underlying pressures that lead to legal developments in both criminal and private law. These include developments in criminal law offering new modes of liability that can implicate corporations Stewart and new mechanisms for victim participation Oehm ; and developments in private law that expand the duty of care standard and overcome procedural impediments like immunities and limitations-periods, thus opening up new possibilities for organizational liability Moran.

I think that in order to see the larger potential in THL we should broaden our lenses beyond specific legal setbacks. By expanding our view to cross-cutting developments in Europe as well as in the United States, we may recognize the underlying influences of THL on the emergence of a reparative model of responsibility that integrates historical research with responsibility, compensation and rehabilitation.

For example, inspired by the THL model, different government ministries in Germany, including the ministries of justice and foreign affairs, started appointing historical commissions to study their specific responsibility for crimes that took place during the Third Reich as opposed to their general responsibility as part of state responsibility.

Indeed, as Moran rightly observes, a similar approach has emerged in the United States in relation to new demands for reparations for slavery. While these attempts failed in the formal legal tracks, they led several institutions such as Georgetown University to research their history and respond to demands of specific victims groups.

We may also note in this context the current turmoil experienced by museums throughout the world in response to demands to acknowledge their colonial legacy, and the rise of provenance research as a device for addressing the problem of looted art. In my view the way forward may also require looking backwards to forgotten legal struggles. The separation between the two tracks, which transpired for example in the Genocide Convention of which excluded cultural genocide and rejected the remedy of reparations , is at the root of the current movement of reparative justice.

In conclusion, instead of asking which law, civil or criminal, is better suited to address structural crimes, I believe that we must try to understand how both could and should adapt to meet the challenge. The lessons offered by THL can help us do just that. The book addresses corporate responsibility for human rights violations, focusing particularly on the Transitional Holocaust Litigation THL with Swiss and German companies over the past decades. Necessarily, any serious scholarly treatment of this issue requires considerable intellectual breadth, in large part because the topic sits at the intersection of a broad range of interconnected fields.


Bilsky has written what is, in my opinion, of the most sophisticated scholarly treatments of these issues, weaving together an impressive array of insights from different disciplines into a compelling unified whole. She makes a very eloquent, original, and profound contribution to questions of corporate accountability for human rights violations by pointing to the upsides of civil settlements in terms of structural legitimacy, victim participation and historiography.

The final product is by far the most developed and articulate argument for the importance of civil liability as a response to corporate implication in mass violence, and I recommend it very highly to friends and colleagues. If I have any hesitations, they are minor and probably arise from her focus on post WWII accountability for corporations implicated in the Holocaust based on international criminal law ICL as espoused in the Nuremberg Charter, as distinct from modern ICL and its potential reach in the contemporary world.

The dominant influence on my reactions is, I confess, an extended period of time thinking about the responsibility of businesspeople and their corporations for international crimes from a comparative criminal law perspective, which is an approach Bilsky reasonably finds less attractive. I would agree with both of these statements in many instances, but I wonder if they might be overly categorical if interpreted as universal commitments, with respect to Nazi criminality but especially for atrocities elsewhere. To begin, let me offer three relatively inconsequential areas where I felt Bilsky may have sold contemporary ICL slightly short in her otherwise compelling justification of civil settlements as a form of redress for wrongdoing during the Holocaust.

First, her perfectly valid critique of the in efficacy of criminal law as a response to corporate implication in the Holocaust is not focused on modern ICL. As a consequence, her recitation of the failures of conspiracy p. As a class, the concepts cast a legal net across modern corporate practices that likely transcends the law enshrined in the Nuremberg Charter. In a similar vein, Bilsky appears to see ambiguity in the notion of complicity, which she argues militates against the use of criminal law norms in favour of THL-style processes.

Third, I am not entirely convinced by the argument that the lack of settled legal meaning about corporate responsibility militates against ICL in favour of a negotiated process focused on restitution, engaging victims directly, and enabling historiography by true historians. I agree that the advantages of civil settlements that Bilsky presents are marked, and that they warrant real attention in concrete cases outside the THL case-studies she explores, but I am less sure that I see indeterminacy in current ICL as a problem to the same extent.

Yet, once again, corporate civil responsibility within the ATS appears to have obscured the reality of corporate criminal liability for international crimes in national courts. And importantly, debates about the liability of corporations for international crimes cannot obfuscate the ability of criminal courts the world over to try businesspeople as individuals, further undermining recourse to ATS debates about corporate liability as a basis for dispensing with the criminal law tout court.

In particular, because the literature inadequately attends to the transnational dynamics Bilsky takes so seriously, I have criticised all sides of the debates about the following three questions: first, whether there is a basic conceptual justification for using a system of criminal justice constructed for individuals against inanimate entities like corporations; second, what value corporate criminal liability could have given co-existent possibilities of civil redress against them; and third, whether corporate criminal liability has any added value over and above individual criminal responsibility of corporate officers.

By adopting a pragmatic frame, however, I doubt that any of these questions can be answered in categorical terms that are divorced from context. While my earlier work explored these questions in greater detail than I can replicate here, I pause to offer two sets of conceptual arguments that may favour the deployment of criminal law over and above civil remedies in certain circumstances. First, criminal law is often likely to be a preferable vehicle for communicating moral blame for corporate participation in atrocity. If the state has a substantial interest in expressing condemnation, it is hard to see how a non-punitive response to core criminality could be adequate.

Second, a unique focus on civil liability risks allowing companies to absorb the cost of responsibility for international crimes as an incidental part of normal business by passing this expense on to consumers, who pay incrementally more for weaponry, games consoles, cellphones and engagement rings. In other words, civil liability might allow corporations to purchase massive human rights violations, or equally seriously, shield culpable businesspeople from serious criminal accountability.

To address these concerns, many scholars argue, first, that the dividing line between corporate criminal and tortious accountability should be demarcated along essentially moral lines, based on whether the conduct in question was sufficiently grave to warrant outright prohibition or whether it should be priced, [13] and second, that corporate accountability must go hand in hand with individual responsibility. Much depends on context. There is much interesting literature exploring possibilities of synergistic accountability, although to the best of my knowledge, these arguments are yet to be extrapolated into a transnational context.

Over the past decade, German prosecutors have tried a series of former Nazis for their complicity in the Holocaust, from a camp guard who assisted without directly participating in murder, to the accountant at Auschwitz. Nonetheless, I wonder if there is not something slightly bizarre, perhaps backwards, in the spectacle of prosecuting individual former Nazis as accomplices in the Holocaust for making what are, relative to corporations and their representatives, causally minor contributions. Obviously, any discussion of ideal types in discussions about corporate accountability will need to be highly sensitive to the political realities that ensnare these cases everywhere, and recognize that disaffected communities in Africa, say, are often likely to view any avenue for meaningful redress as an unexpected luxury.

I wholeheartedly recommend this important book to all who are interested in the relationship between commerce, atrocity and accountability, and thank Leora Bilsky for participating in this scholarly exchange. Legal Stud. Grueling conflicts have racked many resource-rich states. As Okowa wrote in , One of the defining features of the many recent conflicts of the past three decades, especially those in Angola, Sierra Leone, Sudan, Liberia, and more recently in the Great Lakes region of Africa, is the centrality of illegal exploitation of natural resources in causing and sustaining these conflicts.

As Okowa in eloquently explained one of the doctrines that helped to form this human right, it provides An international standard against which the legality of natural resource exploitation by all parties to a conflict stands to be assessed. Not Sanctions, Not Interference, the Opposite of Intervention Stewart and Okowa worry about the effects of sanctions, and also raise concerns that a Clean Trade Act would amount to interfering with, or even neo-colonial intervention in, in the domestic affairs of other states.

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