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Open Access
Book part
Publication date: 14 December 2023

Susanne Kalss

The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries…

Abstract

The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries to shift and contribute assets to the successors, whereas corporate law focuses on the well-being of the company. However, in a family business, it is necessary to find legal, social, and psychological techniques to combine these two areas and to establish strong and binding relations. This is the function of shareholder agreements and family constitutions.

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Family Firms and Family Constitution
Type: Book
ISBN: 978-1-83797-200-5

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Open Access
Book part
Publication date: 4 May 2018

Zulfan

Purpose – The purpose of this study is to show that the settings are not self-incriminating rights the right of non-self-incrimination) within the law and how the civil rights of…

Abstract

Purpose – The purpose of this study is to show that the settings are not self-incriminating rights the right of non-self-incrimination) within the law and how the civil rights of the crown witness exist.

Design/Methodology/Approach – This prescriptive and descriptive study employs the normative legal approach and qualitative analysis.

Findings – The attorney general should prove that a criminal case is not too oriented toward witnesses, especially the crown witness, and that there is still other evidence (e.g., evidence of letters and the results of forensic analysis) and the value of convincing proof is difficult to be denied by the defendant. To avoid misinterpretation towards the presence of crown witness in a criminal case process, a regulation policy issued by the Supreme Court of Republic Indonesia is needed.

Practical Implications – Proffering a crown witness under oath is to prove that a crime opposes against the procedure of criminal law with respect the human right values.

Originality/Value – Forcing a person to prove his own guilt is an act contrary to the alleged principle of an innocent person and this research has not been published.

Open Access
Book part
Publication date: 16 August 2023

Ian J. Warren and Emma Ryan

This chapter argues that the Americanisation of online policing has questionable impacts in Australian prosecutions involving drugs obtained and distributed through dark web…

Abstract

This chapter argues that the Americanisation of online policing has questionable impacts in Australian prosecutions involving drugs obtained and distributed through dark web cryptomarkets. The authors describe several Australian prosecutions of mid- and low-level dealers who have accessed drugs through the dark web and contrast these with the United States (US) case against the cryptomarket, AlphaBay. The discussion in this study emphasises how Australian police and courts view the relative weight of dark web activity associated with the domestic and transnational supply of illicit drugs that result in formal prosecutions. The authors suggest that large-scale forms of online and dark web police surveillance undertaken by US enforcement agencies reflect Ethan Nadelmann’s (Cops across borders: the internationalization of US criminal law enforcement, University Park: Pennsylvania State University Press, 1993) thesis on the Americanisation of global policing through transnational communications networks. The authors then explain how key elements of transnational dark web drug supply appear to have a marginal bearing on criminal investigations into low- and mid-level traffickers in Australia, which rely on conventional surveillance tactics to identify clandestine mail pickups, physical distribution methods, and irregular money trails. However, the authors then illustrate how the Americanisation of online policing that targets high-level entrepreneurs and seeks to dismantle or eliminate dark web cryptomarkets has important implications on Australian reforms aimed at enhancing online surveillance powers to target a range of crimes that are often wrongly associated with illicit drug cryptomarkets. The authors conclude by demonstrating how intensive dark web surveillance has limited direct impact on routine drug policing in Australia, with dark web communications simply another medium for facilitating the physical detection of illicit transnational drug transactions.

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Digital Transformations of Illicit Drug Markets: Reconfiguration and Continuity
Type: Book
ISBN: 978-1-80043-866-8

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Book part
Publication date: 14 May 2020

Angus Nurse

Abstract

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The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

Open Access
Book part
Publication date: 30 April 2019

S. J. Oswald A. J. Mascarenhas

Rights and duties are involved in every area of business and markets, and society and governments. Most often, rights and duties involve serious ethical and moral issues of…

Abstract

Executive Summary

Rights and duties are involved in every area of business and markets, and society and governments. Most often, rights and duties involve serious ethical and moral issues of conflict. A good theory of the ethics of rights and duties, obligations, and responsibilities will empower us to understand the impact of our actions on various stakeholders. Additionally, a deep understanding of rights and duties could help us to analyze better the impact of our executive actions on various stakeholders and, in particular, to fathom the damaging effects of rights and duties violated by the man-made current financial crisis when seen from an ethical and moral point of view. Our coverage on the ethics of corporate rights and duties will comprise of two parts: Part 1: The Nature of Corporate Business Rights and Duties, and Part 2: Respecting Corporate Rights and Duties. The chapter will feature Newcomb Wellesley Hohfeld’s framework of legal interests such as claims, privileges, power, and immunity and its various applications to contemporary market and corporate executive situations. We illustrate the theory of rights and duties using several cases from the current turbulent markets.

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Corporate Ethics for Turbulent Markets
Type: Book
ISBN: 978-1-78756-192-2

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Book part
Publication date: 18 November 2020

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The Emerald Handbook of Crime, Justice and Sustainable Development
Type: Book
ISBN: 978-1-78769-355-5

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Book part
Publication date: 20 October 2020

Jane Beckett-Camarata

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Public-Private Partnerships, Capital Infrastructure Project Investments and Infrastructure Finance
Type: Book
ISBN: 978-1-83909-654-9

Open Access
Book part
Publication date: 9 December 2021

Hartmut Aden

Since the European Union’s (EU) Charter of Fundamental Rights became binding in 2009, data protection has attained the status of a fundamental right (Article 8) throughout the EU…

Abstract

Since the European Union’s (EU) Charter of Fundamental Rights became binding in 2009, data protection has attained the status of a fundamental right (Article 8) throughout the EU. This chapter discusses the relevance of data protection in the context of security. It shows that data protection has been of particular relevance in the German context – not only against the backdrop of rapidly evolving information technology, but also of the historical experiences with political regimes collecting information in order to oppress citizens.

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Ethical Issues in Covert, Security and Surveillance Research
Type: Book
ISBN: 978-1-80262-414-4

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Rich Crime, Poor Crime: Inequality and the Rule of Law
Type: Book
ISBN: 978-1-83909-822-2

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Book part
Publication date: 11 November 2020

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Government and Public Policy in the Pacific Islands
Type: Book
ISBN: 978-1-78973-616-8

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