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Article
Publication date: 11 November 2020

Sally Junsong Wang

The purpose of this paper is to provide an empirical analysis on aid-related misconduct and sectoral regulatory failures. Via a series of Oxfam revelations, this paper aims to…

Abstract

Purpose

The purpose of this paper is to provide an empirical analysis on aid-related misconduct and sectoral regulatory failures. Via a series of Oxfam revelations, this paper aims to highlight potential civil and administrative remedies to rectify wrongdoings and increase accountability in aid organizations.

Design/methodology/approach

Chronicling recent revelations of misconduct by aid workers, this paper begins with an overview of moral and legal responsibilities of the entrusted; then it illustrates how the Oxfam misconduct violates those moral and legal responsibilities in aid delivery. The author draws upon legal and administrative dilemmas on regulating the aid sector and aid workers’ behavior. Finally, this paper offers practical civil remedies for the harmed and administrative remedies for long-term institutional reforms.

Findings

The damage – across a broad spectrum of interests, caused by aid workers engaging in exploitative conduct – not only is a betrayal of the trust reposed by vulnerable people in these individuals but also a failure with far-reaching implications on the part of the donor organizations. The use of the criminal law in aid-related misconduct is highly problematic, assuming a specific offense is committed (which, in many cases, it may not have). There are jurisdictional limitations on the ability of donor countries and international regulations other than in regard to peacekeepers are almost nonexistent. Given such context, civil and administrative remedies provide a viable alternative for the harmed who seek justice.

Research limitations/implications

Legal remedies can be highly jurisdictional contingent. Depending on the specific jurisdiction where misconduct takes place, there are potentially other suited remedies not mentioned in this paper to address aid workers’ unethical behavior.

Practical implications

This paper provides tips on using existing legal channel (the civil law) and available pro bono resources to hold transgressors and their employers accountable.

Social implications

Effective regulating aid-related conduct prevents further harm on vulnerable people and restores public trust in the aid sector.

Originality/value

This paper addresses the regulatory blind spot on aid workers’ exploitative conduct through the context of Oxfam revelations. Second, it provides practical policy recommendations for navigating legal and administrative dilemmas on regulating aid workers’ behavior.

Details

Journal of Money Laundering Control, vol. 24 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 23 April 2021

Sarah Lageson and Kateryna Kaplun

Purpose – In a digital environment, a simple accusation has the potential to permanently attach to a person’s identity. Our purpose here is to identify several types of…

Abstract

Purpose – In a digital environment, a simple accusation has the potential to permanently attach to a person’s identity. Our purpose here is to identify several types of accusations that persist in the internet environment: person to person accusations, media documented accusations, and accusations by the state. Approach – Using a typology of cases and legal analyses, the authors trace how accusations proliferate and persist across the internet and offer a set of social and legal explanations for the salience of public accusation online. Findings – The authors ultimately find that in contemporary society, the act of accusing increasingly replaces the desire or need for a fair and just outcome. The authors close by discussing implications for the accused and potential avenues for remedy. Originality – Our contribution bridges sociological and legal perspectives on the intersection of free speech, defamation, and digital media.

Details

Media and Law: Between Free Speech and Censorship
Type: Book
ISBN: 978-1-80071-729-9

Keywords

Book part
Publication date: 18 April 2009

Bryant G. Garth

Access to justice is both a topic of engaged social-legal research and a key component of legal professional ideology. There is a relationship between the two. The more committed…

Abstract

Access to justice is both a topic of engaged social-legal research and a key component of legal professional ideology. There is a relationship between the two. The more committed the organized legal profession to the issue of access to justice, the higher the profile of scholarly research on topics that relate in one form or another to access to justice. The organized bar's commitment peaked in the 1960s and 1970s, waned in the 1980s, and has not regained the position it once had on the domestic U.S. agenda. In contrast, however, access to justice has recently emerged strongly on the reform agenda that U.S. and multilateral foreign aid organizations – along with the U.S. legal profession – are promoting abroad as part of the renewed post Cold War effort to build the rule of law.

Details

Access to Justice
Type: Book
ISBN: 978-1-84855-243-2

Book part
Publication date: 17 October 2015

Lisa Grow Sun and Sabrina McCormick

The intensifying effects of climate change and the growing concentration of population in hazardous locations mean that, for many communities, disasters are increasingly becoming…

Abstract

The intensifying effects of climate change and the growing concentration of population in hazardous locations mean that, for many communities, disasters are increasingly becoming not only foreseeable, but inevitable. While much attention is, and should be, focused on what these foreseeable disasters require in terms of disaster planning and mitigation, attention should also be focused on a related and equally pressing phenomena: mismanagement of disaster response, particularly as climate proves an increasing stressor. Like disasters themselves, disaster mismanagement – while not entirely predictable – may exhibit some predictable patterns. This chapter explores past disaster management failures, considers how climate change may alter or exacerbate certain response pathologies, and evaluates some potential remedies that might mitigate these challenges.

Details

Special Issue Cassandra’s Curse: The Law and Foreseeable Future Disasters
Type: Book
ISBN: 978-1-78560-299-3

Keywords

Book part
Publication date: 8 November 2010

Sean M. O’Connor

Improving the commercialization of university research has become a national priority. Most existing programs focus on training and supporting faculty and students to be the…

Abstract

Improving the commercialization of university research has become a national priority. Most existing programs focus on training and supporting faculty and students to be the entrepreneur. However, programs are also needed to train and support those who will serve the entrepreneur. This chapter asserts that professionals with specific expertise in serving entrepreneurs are a critical, yet overlooked, part of the “innovation ecosystem” necessary to commercialize university research. It provides an overview of the Entrepreneurial Law Clinic at the University of Washington, which provides a multidisciplinary teaching, research, and service platform that assists University spin-offs while developing the next generation innovation ecosystem. Bringing together law, business, and engineering students to work with tech transfer licensing officers and faculty researchers to spin off a university technology involves many challenges. Yet, it can be done and the benefits are manifold. This chapter outlines three key issues for this kind of program. First, who is the client: the tech transfer office or the faculty researcher? Second, how to mediate among the different visions for how to commercialize the technology through the spin-off – including whether the technology is ready for commercialization or needs to undergo further translational work. And third, how to ensure that all the different students are being properly supervised and that all project members are keeping appropriate confidentiality toward the technology and business plans. The chapter shows how the missteps, conflicts, and confusion that naturally arise for each team project actually provide the best teaching moments for team members, supervisors, and faculty alike.

Details

Spanning Boundaries and Disciplines: University Technology Commercialization in the Idea Age
Type: Book
ISBN: 978-0-85724-200-6

Article
Publication date: 1 December 1997

Dilip K. Das

The Second International Police Executive Symposium (Oñati, May, 1995) was organized on the theme of “Challenges of policing democracies: a world perspective.” It was attended by…

1284

Abstract

The Second International Police Executive Symposium (Oñati, May, 1995) was organized on the theme of “Challenges of policing democracies: a world perspective.” It was attended by police leaders, academics and justice professionals from 13 countries. Among them there were six emerging democracies, four established democracies, and three mixed democracies. The objectives of the symposium were established as follows: (1) to appreciate at first hand what the police in emerging democracies regarded as challenges in operating in the newly democratic political environment (the established democracies and the mixed democracies were invited to present their contemporary experiences of the “Challenges of policing democracies”); (2) to explore the similarities and the differences of the challenges, if any, from one category of democratic societies to another; and (3) to discuss the responses and the remedies adopted by various countries at different levels of democratic achievement.

Details

Policing: An International Journal of Police Strategies & Management, vol. 20 no. 4
Type: Research Article
ISSN: 1363-951X

Keywords

Content available
Article
Publication date: 16 February 2010

Alistair Maiden

92

Abstract

Details

Strategic Direction, vol. 26 no. 3
Type: Research Article
ISSN: 0258-0543

Article
Publication date: 1 March 1986

Richard Catt

Homelessness has nothing to do with a shortage of houses. There is a ‘crude surplus’ of about two thirds of a million dwellings over households in the United Kingdom. Most stand…

Abstract

Homelessness has nothing to do with a shortage of houses. There is a ‘crude surplus’ of about two thirds of a million dwellings over households in the United Kingdom. Most stand empty. It is naive to imagine that by pairing homeless families with empty houses the housing problem can be solved overnight. Many vacant premises are unfit and out of date; others are simply in the wrong place. But the non‐occupation of so many dwellings is wasteful; the loss of rent from empty council dwellings alone amounted to £79m in 1984. Studying the problems of empty buildings, how they deteriorate after vacation and the inadequacy of current protective legislation throws into relief the need to cope with increased expectations for the longevity and performance of all old buildings. The public prefer the preservation and rehabilitation of buildings to clearance and redevelopment. This mood is encouraged by disillusion with modern architecture, an increased awareness of the inherent qualities of old buildings and plain nostalgia. The widespread distrust of modern buildings — particularly public housing — is borne out by a recent estimate of repairing and replacing faulty council flats of between £3,750 and £5,000m. Already Britain has more protected historic buildings and monuments per head than any other country in the world. The number of ‘listed’ buildings is likely to double in the next few years. The post‐war boom up to 1972 was marked by major increases in public services and support for industry. This was halted abruptly by the collapse of the world export boom, the banking crisis and the quadrupling of oil prices and, since the late 1970s, there have been successive attempts to curb public expenditure. Public expenditure has fallen over 58 per cent in cost terms between 1979/80 and 1983/84 and at the same time public expenditure on housing fell from nearly 6 per cent to 2 per cent of the total. Successive English house condition surveys show that the condition of our housing stock is steadily deteriorating. Traditionally, buildings are built to last for 60 years and are funded and valued on this basis. Even when public spending on houses was at its height, however, it would not have been possible to replace the then existing housing stock in less than a century. At the present level of expenditure, it has been estimated that in one London borough alone it will take 1,000 years to replace the housing there. Leases are regularly granted for 99 or 125 years on flats in buildings already over a century old, often without the blocks being subjected to major repair. If buildings have to last longer, changes in the law and building practice are needed to ensure ready protection without financial penalty. Examining empty buildings in distress — particularly those that are not ‘listed’ — is a good way to start. This first article examines the laws which apply to empty buildings and how they fall short. Subsequent articles will examine the costs of leaving buildings empty, consider current initiatives for rescue and put forward positive proposals for change.

Details

Structural Survey, vol. 4 no. 3
Type: Research Article
ISSN: 0263-080X

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9584

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 19 July 2016

Cynthia L. Gramm and John F. Schnell

We investigate the effects of management-employee similarity on mistreated employees’ propensities to engage in legal and organizational claiming, to quit, and to not seek a remedy

Abstract

Purpose

We investigate the effects of management-employee similarity on mistreated employees’ propensities to engage in legal and organizational claiming, to quit, and to not seek a remedy in ongoing employment relationships.

Methodology/approach

We test hypotheses generated by the similarity-attraction and similarity-betrayal paradigms using Tobit regression and data from vignette-based employee surveys.

Findings

Mistreated employees with same-sex supervisors are more likely to initiate legal claims and to quit than those with opposite-sex supervisors, but less likely to initiate legal claims and to quit when they have a same-race supervisor than when they have a different-race supervisor. The effects of management-employee similarity on mistreated employees’ remedy-seeking responses exhibit asymmetries by gender and by race. The presence of same-race supervisors or other managers appears to diminish the greater reluctance of nonwhite employees, compared to white employees, to use organizational claiming mechanisms.

Originality/value

We know of no prior published research that has investigated the determinants of employees’ propensities to engage in multiple forms of remedy seeking, as well as the propensity to not seek a remedy, in response to plausibly illegal mistreatment not involving dismissal.

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