For almost twenty years, the general delictual claim as found in par. 823 (!) BGB formed the basis for product liability claims against producers in Germany. In 1985, however, a European Directive on Product Liability was issued and in 1990 Germany enacted the Product Liability Act. Setting a strict liability standard, the Act was to operate in tandem with the existing general delictual claim. Since producers in any event find it very difficult to successfully defeat product liability claims based on par. 823 BGB, the Act should not drastically change the landscape of German product liability jurisprudence. In South African product liability claims fall under the Lex Aquiliae which has fault as its cornerstone. Although our Courts are willing to assist a plaintiff by applying the doctrine of res ipsa loq11it11r, the German experience has shown that procedural devices do not provide a permanent solution to the problem of product liability. In the long run legislation is the best way to bring about a rational and equitable system of strict liability. / Mercantile law / LL.M.

For almost twenty years, the general delictual claim as found in par. 823 (!) BGB formed the basis for product liability claims against producers in Germany. In 1985, however, a European Directive on Product Liability was issued and in 1990 Germany enacted the Product Liability Act. Setting a strict liability standard, the Act was to operate in tandem with the existing general delictual claim. Since producers in any event find it very difficult to successfully defeat product liability claims based on par. 823 BGB, the Act should not drastically change the landscape of German product liability jurisprudence. In South African product liability claims fall under the Lex Aquiliae which has fault as its cornerstone. Although our Courts are willing to assist a plaintiff by applying the doctrine of res ipsa loq11it11r, the German experience has shown that procedural devices do not provide a permanent solution to the problem of product liability. In the long run legislation is the best way to bring about a rational and equitable system of strict liability. / Mercantile law / LL.M.

LL.D. / The starting point of this research is the observation that the protection of human rights and the prevention of human rights atrocities can only take place through a universal system of different means of accountability which create enough deterrence for the future state or individual offender. This research consists of four parts: Part A explores and outlines the different existing ways and means of traditional human rights protection under the international and regional human rights regimes. It focuses on the aspect of victim protection from human rights violations through protective means available under the different human rights regimes. Part A concludes that the existing means and ways of protecting human rights are by far not sufficient to ensure the compliance of states with the existing provisions on human rights protection and that the protection of human rights remains an unfinished chapter of international law. Parts B and C analyze the evolving approach to hold states and individuals directly accountable for gross human rights violations, via the means of criminal and/or civil responsibility. Part B explores the possibilities of human rights protection by the means of criminal prosecution. It outlines the development of the concept of criminal responsibility from the days of Nuremberg to the present International Criminal Court in The Hague. The main focus is on domestic criminal procedures as a supplement and possibly alternative to international prosecution. This part concludes with the observation that the present mechanisms and means available under the existing international and domestic jurisdictions fail to establish individual criminal accountability at the necessary global scale and therefore fail to deter the commission of future genocide. Part C explains the necessity to establish an international system of civil liability for human rights atrocities as a supplement and (even) alternative to the existing mechanisms of accountability. The present possibilities for the individual victim to obtain financial redress for his suffering under international law are outlined and discussed. The further option of asserting civil legal action for human rights violations under domestic jurisdictions is scrutinized and evaluated with a special focus on the USA as the state which has so far the strongest adjudication of human rights claims. This part concludes with the finding that the individual victim of human rights violations still lacks the necessary forum with the respective judicial means to hold the perpetrator financially liable for his human rights violations. Part D introduces a draft Statute on a (future) Convention on Individual Civil Liability for Human Rights Atrocities as a supplement for the existing ways of human rights protection. Each provision of the draft statute is evaluated in the context of already existing legal instruments, jurisprudence and, if available, examples of customary usage. The draft’s overall aim is the establishment of a working system of civil liability for the individual and corporate human rights perpetrator for a selection of egregious human rights atrocities qualifying as so-called international or transnational human rights torts. This research concludes with the finding that only a combination of the existing ways and means of human rights protection, the consequent application of the existing provisions and finally their further development can safeguard the protection of human rights at a global scale.

Thesis (Ph.D.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2015. / At present, international law has not succeeded in establishing a way through which multinational corporations (MNCs) can be regulated effectively and compelled to adhere to international human rights standards. This poses a problem for states that rely heavily on the investment of MNCs for economic development. African states in particular compete for investment by reducing their regulatory mechanisms in order to attract MNCs. This allows MNCs to engage in practices that violate human rights and contribute to the commission of international crimes. This thesis seeks to address this problem by exploring how MNCs can be held criminally liable in international law if they are involved in serious human rights abuses and international crimes. In the twentieth century, two seminal events in international criminal justice illustrate that there was evidence that the notion of holding multinational corporations criminally liable was possible. These include i) the jurisprudence of the Allied Tribunals at Nuremberg after World War II which contemplated the possibility of corporate criminal liability and ii) the negotiations during the establishment of the International Criminal Court (ICC) in the 1990s which considered proposals for the extension of criminal liability to corporations. At the national level, many states provide for corporate criminal liability. This is often derived from the establishment of criminal liability of an official of the corporation. The United Kingdom and Australia, however, have successfully set out how a corporation may itself be found criminally liable without the need to derive its criminal liability from an official. These developments show that the idea of holding MNCs criminally liable, either through a derivative or non-derivative process, is possible and achievable. In particular, this thesis proposes that MNCs can be found criminally liable for aiding and abetting international crimes under Article 25(3)(c) of the Statute of the ICC. In proposing a way through which this can be achieved, this thesis does two things: i) it extracts principles of non-derivative criminal liability established in the United Kingdom and Australia and ii) it develops a theory of corporate criminal liability for aiding and abetting international crimes that incorporates these principles. This theory underpins the proposed new approach to the establishment of corporate criminal liability for aiding and abetting in the ICC.

Currently there are no mechanisms under international criminal law to hold corporations accountable for their role in the commission of human rights abuses. A primary problem with establishing corporate liability under international law, is that it is unclear how to attribute liability to corporations for international crimes. This paper examines the strengths and weaknesses of domestic principles of corporate attribution utilized in Canada, the United States, Britain and Australia. The domestic principles are then reconciled with current international law principles and enumerated crimes of international criminal law. It is argued that a flexible approach is optimal for the imposition of corporate liability under international law. While some of the domestic principles work better than others at first glance, ultimately all can and should be used at international law to end impunity for corporate crimes.

Currently there are no mechanisms under international criminal law to hold corporations accountable for their role in the commission of human rights abuses. A primary problem with establishing corporate liability under international law, is that it is unclear how to attribute liability to corporations for international crimes. This paper examines the strengths and weaknesses of domestic principles of corporate attribution utilized in Canada, the United States, Britain and Australia. The domestic principles are then reconciled with current international law principles and enumerated crimes of international criminal law. It is argued that a flexible approach is optimal for the imposition of corporate liability under international law. While some of the domestic principles work better than others at first glance, ultimately all can and should be used at international law to end impunity for corporate crimes.

Thesis (doctoral)--Ernst-Moritz-Arndt-Universität, Greifswald, 2008. / Includes bibliographical references (p. [282]-297) and index.

This dissertation offers insight into the organizational lives of small and new not-for-profits. The first essay used three different estimation strategies to model the role of revenue type in the growth in young and small not-for-profits. We find that increases in the percentage of a not-for-profit’s revenue portfolio going to dues, indirect support, or non-mission income will suppress growth and that there is no “optimal” model across subsectors. The second essay uses over twenty years of panel data to predict which factors indicate the impending recovery of a financially vulnerable small and young nonprofit. Support for hypotheses based in the literature is mixed, but the key insight is that nonprofits need to save if they want to get healthy: bringing in revenues is not enough. Finally, the third essay uses a qualitative approach on young and new mental health not-for-profits in the state of New York. Using comparative case studies, this study analyzes the internal and external factors surrounding the demise of small and young mental health nonprofits. This study finds support for several of the potential causes of nonprofit demise in a newly proposed typology.

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Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1990. / "April 1990." Typescript. Includes bibliographical references (leaves 75-181). Also issued in microfiche.