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1 – 10 of 18Rafael Borim-de-Souza, Yasmin Shawani Fernandes, Pablo Henrique Paschoal Capucho, Bárbara Galleli and João Gabriel Dias dos Santos
This paper aims to analyze what Samarco and Brazilian magazines speak and say about Mariana’s environmental crime. Discover their doxa in this subject. Interpret the speakings…
Abstract
Purpose
This paper aims to analyze what Samarco and Brazilian magazines speak and say about Mariana’s environmental crime. Discover their doxa in this subject. Interpret the speakings, sayings and doxas through the theories of the treadmills of production, crime and law.
Design/methodology/approach
It is a qualitative and documental research and a narrative analysis. Regarding the documents: 45 were from public authorities, 14 from Samarco Mineração S.A. and 73 from Brazilian magazines. Theoretically, the authors resorted to Bourdieusian sociology (speaking, saying and doxa) and the treadmills of production, crime and law theories.
Findings
Samarco: speaking – mission statements; saying – detailed information and economic and financial concerns; doxa – assistance discourse. Brazilian magazines: speaking – external agents; saying – agreements; doxa – attribution, aggravations, historical facts, impacts and protests.
Research limitations/implications
The absence of discussions that addressed this fatality, with its respective consequences, from an agenda that exposed and denounced how it exacerbated race, class and gender inequalities.
Practical implications
Regarding Mariana’s environmental crime: Samarco Mineração S.A. speaks and says through the treadmill of production theory and supports its doxa through the treadmill of crime theory, and Brazilian magazines speak and say through the treadmill of law theory and support their doxa through the treadmill of crime theory.
Social implications
To provoke reflections on the relationship between the mining companies and the communities where they settle to develop their productive activities.
Originality/value
Concerning environmental crime in perspective, submit it to a theoretical interpretation based on sociological references, approach it in a debate linked to environmental criminology, and describe it through narratives exposed by the guilty company and by Brazilian magazines with high circulation.
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Kezban Yagci Sokat and Maria Besiou
The purpose of this study is twofold: first, to draw insights from the rich literature on humanitarian operations efforts to combat human trafficking; second, to inspire…
Abstract
Purpose
The purpose of this study is twofold: first, to draw insights from the rich literature on humanitarian operations efforts to combat human trafficking; second, to inspire humanitarian operations researchers to work more on human anti-trafficking.
Design/methodology/approach
This is a conceptual paper inspired by recent relevant reports, the academic literature and the authors’ years of involvement in both humanitarian operations and anti-trafficking.
Findings
Humanitarian supply chains and human trafficking supply chains very often operate in the same environments and hence face similar challenges. The paper highlights the overlaps between the two domains and demonstrates how two decades of learnings from humanitarian supply chain literature can help improve the understanding of the more recent academic field of human trafficking supply chains significantly.
Research limitations/implications
This study is conceptual and illuminates numerous opportunities for research in anti-trafficking.
Practical implications
By inspiring more research on anti-trafficking, this paper hopes to facilitate enhancements to human trafficking operation to prevent more cases and protect victims.
Social implications
There is an opportunity to increase the effectiveness of anti-trafficking activities, disrupt human trafficking and enlarge the “humanitarian space.”
Originality/value
To the best of the authors’ knowledge, this is the first paper to discuss human trafficking operations in relation to humanitarian supply chains.
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This study aims to conceptualize the UAE’s whistleblowing model by reviewing recent legislative updates directed toward removing potential legal deterrents, introducing legal…
Abstract
Purpose
This study aims to conceptualize the UAE’s whistleblowing model by reviewing recent legislative updates directed toward removing potential legal deterrents, introducing legal protection and establishing numerous external whistleblowing channels. The study surveys these initiatives through the prism of the country’s unique socio-economic and judicial environments.
Design/methodology/approach
The study applies a conceptual approach to probe the potential impact of the UAE’s legislative initiatives on the country’s whistleblowing regime by connecting the demographic data, the UAE’s legal and regulatory frameworks, academic literature and media reports.
Findings
Recent legislative updates to the UAE whistleblowing regime are geared toward removal of potential legal deterrents, introduction of legal protection and establishment of external whistleblowing channels for reporting. These constitute the conceptual model of the UAE’s whistleblowing strategy, which is broad in scope and application yet may appear fragmented.
Originality/value
The study merges a comprehensive review of legislative initiatives and regulatory framework with academic literature to conceptualize the UAE’s whistleblowing model.
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This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the…
Abstract
This chapter examines World War II and its impact on international and military law. It covers the war’s key crimes, the Nürnberg and Tokyo tribunals, and the creation of the United Nations, the Four Geneva Conventions of 1949, and the Genocide Convention of 1948.
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Miguel Angel Martínez Martínez
The purpose of the article is to show the regime of truth in the institutional commissions that have the objective of restoring history by establishing a democratic, equitable…
Abstract
Purpose
The purpose of the article is to show the regime of truth in the institutional commissions that have the objective of restoring history by establishing a democratic, equitable, comprehensive, inclusive and fair criterion against the attempts of re-victimization and suppression of memory that Western political and cultural traditions have installed through their mechanisms of power.
Design/methodology/approach
Based on the analysis of the cases of Inés Fernández Ortega and Valentina Rosendo Cantú, they establish the material conditions from which prejudices and hegemonic stereotypes are intertwined to reproduce serious violations of human rights in democratic political and epistemic frameworks. The colonial function of the truth commissions in Mexico is analyzed, which are presented as mechanisms for social development, political and colonial reproduction of liberal democracy.
Findings
The qualitative results allow considering the way in which the different truth commissions in Mexico have been strongly linked to epistemic mechanisms in which truth and justice favor the reproduction of established relationships based on race, social class and gender. Especially in the so-called democratic transition, violence, truth and justice come together to highlight power relations in situations that have been disavowed by the intelligentsia.
Research limitations/implications
The limitations of the research are found in the historical configuration of the truth commissions in Mexico. The data, references and assessments are crossed by the initial function of the truth commissions and the establishment of apparatuses and mechanisms based on transitional justice. Based on this, it can be considered a methodological oversight to shift the analysis of truth commissions toward a critical assessment of the truth as a regime of government and hegemonic and colonization criteria from two very specific cases.
Originality/value
The originality of the work is found in the critical discernment of truth as a political category and the coloniality of power.
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Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…
Abstract
Purpose
Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.
Design/methodology/approach
Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.
Findings
There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.
Originality/value
This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.
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Financial technologies form the heart of considerable disruptive innovation. Fintech is the emerging financial infrastructure for modern business. Big data are the feedstock for…
Abstract
Financial technologies form the heart of considerable disruptive innovation. Fintech is the emerging financial infrastructure for modern business. Big data are the feedstock for artificial intelligence (AI) that drives many fintech sectors – start-up finance, commodities and investment instrumentation, payment systems, currencies, exchange markets/trading platforms, market-failure response forensics, underwriting, syndication, risk assessment, advisory services, banking, financial intermediaries, transaction settlement, corporate disclosure, and decentralized finance. This chapter demonstrates how analyzing big data, largely processed through cloud computing, drives fintech innovations, scholarship, forensics, and public policy. Despite their apparent virtues, some fintech mechanisms can externalize various social costs: flawed designs, opacity/obscurity, social media (SM) influences, cyber(in)security, and other malfunctions. Fintech suffers regulatory lag, the delay following the introduction of novel fintechs and later assessment, development, and deployment of reliable regulatory mechanisms. Big data can improve fintech practices by balancing three key influences: (1) fintech incentives, (2) market failure forensics, and (3) developing balanced public policy resolutions to fintech challenges.
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