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International corporate criminal responsibility has been discussed by scholars and practitioners as an avenue for bringing corporations to account for some of their wrongdoing for more than two decades. This thesis focuses on how thinking about the international corporate criminal responsibility project as ideology can further our understanding of the relationship between the corporate form, corporate harms, and international law. Drawing on recent contributions to Marxist theory on the relationship between capitalism and nature and on the economic power of capital, the thesis puts forward an argument that corporate harm is necessarily produced in the course of corporate operations. It then offers an analysis of the relationship between mute compulsion and ideology and demonstrates the contribution of international corporate criminal responsibility to the reproduction of the corporate form. The ideology critique of international corporate criminal responsibility demonstrates, based on a close textual analysis of the legal arguments, how the corporate form is naturalised and how ubiquitous and systemic harm, produced by corporations, is normalised through the focus on ‘complicity in atrocity’. It is further argued that embedding international corporate criminal responsibility in the existing legal and institutional framework of the International Criminal Court, in addition to privileging exceptional instances of corporate complicity in atrocity, contributes to strengthening the hegemonic standing of international criminal law as a body of rules framed as indispensable to addressing a whole range of pressing societal issues. Since the focus on the International Criminal Court structures the conversation around international corporate criminal responsibility, the thesis identifies key ideological narratives surrounding the operation of the Court. Finally, the thesis addresses the initiative to criminalise ecocide by including it in the material scope of the International Criminal Court as a way to address environmental harm – the kind of systemic, ubiquitous harm that international criminal law elides by focusing on atrocity crimes. The joint reading of international corporate criminal responsibility and the initiative to criminalise ecocide demonstrates that choosing international criminal law as the framework for action inevitably results in the privileging of spectacular harm. Thus, the thesis demonstrates the naturalisation and normalisation of corporate harm through the international criminal law framework, pointing to its inadequacy as an avenue for reducing and preventing corporate harm.
Originalspråk | engelska |
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Kvalifikation | Doktor |
Tilldelande institution |
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Handledare |
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Tilldelningsdatum | 2024 dec. 12 |
Utgivningsort | Lund |
Förlag | |
ISBN (tryckt) | 978-91-8104-257-3 |
ISBN (elektroniskt) | 978-91-8104-258-0 |
Status | Published - 2024 dec. 12 |
Bibliografisk information
Defence detailsDate: 2024-12-12
Time: 10:15
Place: Pufendorfsalen, Lilla Gråbrödersgatan 3 C
External reviewer(s)
Name: Knox, Robert
Title: Doctor
Affiliation: University of Liverpool
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Ämnesklassifikation (UKÄ)
- Juridik
Fria nyckelord
- Folkrätt
Projekt
- 1 Avslutade
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On Corporate Harm, Mute Compulsion, and Ideology: A Marxist Reading of International Corporate Criminal Responsibility
Kotova, A. (Forskare), Davitti, D. (Handledare) & Wong, C. (Handledare)
2019/09/16 → 2024/12/12
Projekt: Avhandling