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Accountability to the Law: Mechanisms, Approaches, and Challenges
Author: Dr. Eleanor Vance, Professor of Law and Jurisprudence, University of Oxford. Dr. Vance has over 20 years of experience researching and teaching on legal theory, criminal justice, and the effectiveness of legal systems in ensuring accountability.
Publisher: Oxford University Press, a leading academic publisher specializing in law, humanities, and social sciences.
Editor: Mr. Charles Beaumont, Barrister and Solicitor, specializing in constitutional law and legal ethics at Beaumont & Partners Law Firm.
Keywords: Accountability to the law, legal accountability, mechanisms of accountability, enforcement of law, rule of law, judicial accountability, governmental accountability, corporate accountability, international accountability, legal responsibility.
Abstract: This article explores the multifaceted concept of accountability to the law, examining the various methodologies and approaches employed to ensure its efficacy. From individual criminal responsibility to the accountability of governments and corporations, we will delve into the mechanisms that drive compliance and the challenges that hinder the pursuit of justice. We will also analyze the crucial role of transparency, oversight, and effective sanctions in upholding accountability to the law.
1. Defining Accountability to the Law
Accountability to the law signifies the obligation of individuals, organizations, and states to adhere to legal norms and face consequences for violations. It's a cornerstone of a functioning legal system and a crucial element for maintaining social order and justice. This accountability isn't merely about punishment; it encompasses a broader spectrum of mechanisms aimed at preventing wrongdoing, deterring future violations, and rectifying past harms. Central to this concept is the principle of the rule of law, implying that everyone, regardless of power or status, is subject to and accountable under the law.
2. Methodologies for Ensuring Accountability to the Law
Several methodologies contribute to achieving accountability to the law. These methods often overlap and work in tandem to create a robust system:
#### 2.1 Criminal Justice System:
The criminal justice system is a primary mechanism for ensuring individual accountability to the law. It involves investigation, prosecution, trial, and sentencing for criminal offenses. The effectiveness of this system hinges on the impartiality of law enforcement, the fairness of judicial processes, and the proportionality of punishments. Lack of due process, bias in enforcement, and lenient sentencing can all undermine accountability to the law.
#### 2.2 Civil Litigation:
Civil litigation provides a mechanism for resolving disputes between individuals and organizations, holding wrongdoers accountable for damages caused through negligence or intentional acts. Through lawsuits, individuals can seek compensation and ensure that those who have violated their rights are held responsible. The effectiveness of civil litigation relies on access to justice and the ability of individuals to pursue legal action.
#### 2.3 Regulatory Agencies:
Regulatory agencies play a vital role in ensuring accountability to the law by overseeing compliance with specific laws and regulations. These agencies investigate potential violations, impose sanctions, and promote compliance through education and guidance. Their effectiveness depends on their independence, resources, and enforcement powers.
#### 2.4 Oversight Mechanisms:
Oversight mechanisms, such as parliamentary committees, audit offices, and independent commissions, provide external scrutiny of government actions and promote accountability to the law. These bodies investigate allegations of misconduct, make recommendations for improvement, and contribute to transparency and public trust. Their effectiveness depends on their powers of investigation and their ability to hold those in power accountable.
#### 2.5 International Law and Institutions:
International law and institutions, like the International Criminal Court (ICC) and international human rights bodies, play an increasingly crucial role in ensuring accountability for violations of international law. These mechanisms hold individuals and states accountable for war crimes, crimes against humanity, and genocide. The effectiveness of these institutions depends on state cooperation and the enforcement of international legal norms.
3. Approaches to Enhancing Accountability to the Law
Various approaches aim to enhance accountability to the law, encompassing both preventative and reactive measures:
#### 3.1 Transparency and Openness:
Transparency and openness in government and business operations are vital for promoting accountability to the law. Public access to information and open decision-making processes reduce the potential for abuse and encourage responsible behavior.
#### 3.2 Strengthening Rule of Law Institutions:
Strengthening the independence and capacity of rule of law institutions, such as the judiciary, law enforcement, and prosecution services, is crucial for ensuring effective accountability to the law. This involves protecting these institutions from political interference and providing them with the necessary resources and training.
#### 3.3 Effective Sanctions and Enforcement:
Effective sanctions and enforcement mechanisms are vital for deterring violations and holding wrongdoers accountable. Sanctions should be proportionate to the offense, consistently applied, and effectively enforced.
#### 3.4 Promoting a Culture of Compliance:
Promoting a culture of compliance involves educating individuals and organizations about their legal obligations and encouraging responsible behavior. This can be achieved through awareness campaigns, training programs, and effective communication strategies.
#### 3.5 Access to Justice:
Ensuring equal access to justice for all is fundamental for achieving accountability to the law. This includes providing legal aid to those who cannot afford legal representation and ensuring that legal processes are accessible and understandable.
4. Challenges to Accountability to the Law
Despite the various methodologies and approaches, several challenges hinder the pursuit of accountability to the law:
#### 4.1 Corruption:
Corruption undermines accountability to the law by creating a system where those in power are not subject to the same rules as others. This can manifest through bribery, influence peddling, and obstruction of justice.
#### 4.2 Lack of Resources:
Insufficient resources for law enforcement, prosecution, and judicial systems can hamper the effective pursuit of accountability. This includes inadequate funding, staffing shortages, and lack of technological support.
#### 4.3 Political Interference:
Political interference in the judiciary and other rule of law institutions can undermine their independence and impartiality, leading to a weakening of accountability to the law.
#### 4.4 Weak Enforcement Mechanisms:
Weak enforcement mechanisms, such as lenient sanctions or lack of capacity to investigate and prosecute violations, can allow wrongdoers to escape accountability.
#### 4.5 Lack of Public Awareness:
Lack of public awareness of legal rights and obligations can hinder the pursuit of accountability. This can result in a lack of reporting of violations and a general tolerance for impunity.
Conclusion
Accountability to the law is a cornerstone of a just and equitable society. While various methodologies and approaches exist to ensure its efficacy, significant challenges remain. Addressing these challenges requires a concerted effort from governments, civil society organizations, and international actors to strengthen rule of law institutions, promote transparency and openness, and ensure effective enforcement mechanisms. Only through a holistic approach that prioritizes fairness, justice, and the equal application of the law can we achieve true accountability to the law.
FAQs
1. What is the difference between accountability and responsibility? Responsibility refers to the obligation to perform a task or duty, while accountability focuses on answering for one's actions and facing consequences for failures or violations.
2. How does accountability to the law relate to human rights? Accountability to the law is crucial for protecting human rights, as it ensures that violations are investigated, perpetrators are brought to justice, and victims receive redress.
3. What role does the media play in ensuring accountability to the law? The media plays a vital role in holding those in power accountable by investigating allegations of wrongdoing, exposing corruption, and informing the public about legal issues.
4. How can we improve access to justice to enhance accountability? Improving access to justice involves providing legal aid to the indigent, simplifying legal processes, and ensuring that legal services are culturally sensitive and accessible to all.
5. What are the challenges in holding corporations accountable to the law? Holding corporations accountable presents challenges due to their complex structures, global operations, and often limited legal personality.
6. How can international cooperation enhance accountability to the law? International cooperation is crucial for holding individuals and states accountable for violations of international law, particularly in cases involving cross-border crimes.
7. What is the role of restorative justice in accountability to the law? Restorative justice focuses on repairing harm caused by crime and promoting reconciliation between victims and offenders, offering an alternative approach to traditional punitive justice.
8. How can technology be used to improve accountability to the law? Technology can enhance accountability through open data initiatives, improved record-keeping, and the use of data analytics for detecting patterns of wrongdoing.
9. What is the future of accountability to the law in the digital age? The digital age presents both challenges and opportunities for accountability, requiring adaptation of legal frameworks and enforcement mechanisms to address new forms of crime and violations.
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| accountability to the law: Accountability and the Law Piotr Mikuli, Grzegorz Kuca, 2021-08-12 This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics. |
| accountability to the law: Transitional Justice, Judicial Accountability and the Rule of Law Hakeem Yusuf, 2010 A GlassHouse book.--T.p. |
| accountability to the law: The Oxford Handbook Public Accountability M. A. P. Bovens, Robert E. Goodin, Thomas Schillemans, 2014-04 Drawing on the best scholars in the field from around the world, this handbook showcases conceptual and normative as well as the empirical approaches in public accountability studies. |
| accountability to the law: Technocracy and the Law Alessandra Arcuri, Florin Coman-Kund, 2021-05-27 Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations. |
| accountability to the law: The Accountability of Armed Groups Under Human Rights Law Katharine Fortin, 2017 Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-a-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice. |
| accountability to the law: Enforcing the Rule of Law Enrique Peruzzotti, Catalina Smulovitz, 2006-04-07 Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region. |
| accountability to the law: Accountability in Extraterritoriality Danielle Ireland-Piper, 2017-02-24 Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine. |
| accountability to the law: Corporate Environmental Accountability in International Law Elisa Morgera, 2020 This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher. |
| accountability to the law: Accountability, International Business Operations and the Law Liesbeth Enneking, Ivo Giesen, Anne-Jetske Schaap, Cedric Ryngaert, Francois Kristen, Lucas Roorda, 2019-12-05 A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability. |
| accountability to the law: Accountability for Human Rights Atrocities in International Law Steven R. Ratner, Jason S. Abrams, James L. Bischoff, 2009 This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice. |
| accountability to the law: Moral Accountability and International Criminal Law Kirsten Fisher, 2013-03 In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported-- |
| accountability to the law: Collective Responsibility and Accountability under International Law Shane Darcy, 2007-03-30 Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint. |
| accountability to the law: Company Law Siew Cheang Loh, William M. F. Wong, Kerby Lau, 2017 |
| accountability to the law: Extracting Accountability from Non-State Actors in International Law Lee James McConnell, 2016-11-10 The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law. |
| accountability to the law: Business and Human Rights Nadia Bernaz, 2016-10-04 Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations. |
| accountability to the law: Judges on Trial Shimon Shetreet, 1976 |
| accountability to the law: Accountability and Corporate Human Rights Violations in Tort and International Law Emmanuel K. Nartey, 2021-10-04 This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law. |
| accountability to the law: Accountability Anne C. L. Davies, 2001 Many government bodies relate to each other through 'contracts'. These are not regulated or enforced by the law. Drawing on the results of a case-study of NHS contracts, this book identifies problems faced by the parties to internal government contracts. |
| accountability to the law: Parliament Alexander Horne, Andrew Le Sueur, 2016-06-02 This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists. |
| accountability to the law: Government Accountability Judith Bannister, Gabrielle Appleby, Anna Olijnyk, Joanna Howe, 2014-11-21 Government Accountability offers an accessible introduction to administrative law in Australia by reference to its guiding principle, accountability. |
| accountability to the law: Accountability for Violations of International Humanitarian Law Jadranka Petrovic, 2015-06-26 International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies. |
| accountability to the law: The Cambridge Companion to Public Law Mark Elliott, David Feldman, 2015-08-21 A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject. |
| accountability to the law: Law Enforcement by EU Authorities Miroslava Scholten, Michiel Luchtman, 2017-11-24 EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU. |
| accountability to the law: UNHCR and the Struggle for Accountability Kristin Sandvik, Katja Jacobsen, 2016-02-22 Despite the key importance of accountability for the legitimacy of humanitarian action, inadequate academic attention has been given to how the concept of accountability is evolving within the specific branches of the humanitarian enterprise. Up to now, there exists no comprehensive account of what we label the 'technologies of accountability', the effects of their interaction, or the question of how the current turn to decision-making software and biometrics as both the means and ends of accountability may contribute to reshaping humanitarian governance. UNHCR and the Struggle for Accountability explores the UNHCR's quest for accountability by viewing the UNHCR's accountability obligations through the web of institutional relationships within which the agency is placed (beneficiaries, host governments, implementing partners, donors, the Executive Committee and UNGA). The book takes a multidisciplinary approach in order to illuminate the various layers and relationships that constitute accountability and also to reflect on what constitutes good enough accountability. This book contributes to the discussion regarding how we construct knowledge about concepts in humanitarian studies and is a valuable resource for academics, researchers and professionals in the areas of anthropology, history, international relations, international law, science, technology studies and socio-legal studies. |
| accountability to the law: Perils of Judicial Self-Government in Transitional Societies David Kosař, 2016-04 This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions. |
| accountability to the law: New Accountability in Financial Services Joe McGrath, Ciaran Walker, 2022-01-01 This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime ( in particular, SEAR) in Ireland. It provides a framework for analysing whether these regimes will achieve behavioural change in the financial services industry. This book argues that, whilst sanctioning individuals to deter future misconduct is an important part of any successful regulatory strategy, the focus should be on ensuring that individuals in the financial services industry internalise the norms of behaviour expected under the new regimes. In this regard, the analysis in this book is informed by criminological theory, regulatory theory and behavioural science. The work also argues for a “trajectory towards professionalisation” of financial services, and banking in particular, as an important means of positively influencing industry-wide norms of behaviour, which have a key influence on firms’ and individuals’ behaviours. |
| accountability to the law: Promoting Accountability under International Law for Gross Human Rights Violations in Africa Charles Chernor Jalloh, Alhagi B.M. Marong, 2015-07-14 Promoting Accountability under International Law for Gross Human Rights Violations in Africa is pre-eminently a study on the work and contribution of the first international judicial mechanism, the International Criminal Tribunal for Rwanda (ICTR), devoted exclusively to challenging impunity for serious international crimes committed in Africa. This volume is dedicated to the eminent international jurist Justice Hassan Bubacar Jallow, the Tribunal’s longest serving Chief Prosecutor and the first prosecutor of the United Nations Mechanism for International Criminal Tribunals. The noted scholar and practitioner contributors discuss various aspects of the law, jurisprudence and practice of the Tribunal over its twenty year existence, while also drawing lessons for current and future international courts such as the International Criminal Court. Themes covered include the role of the international prosecutor; the prosecution of sexual and gender-based crimes; the relationship between national and international courts; the role of other international institutions in challenging impunity; and the role of African languages in international criminal trials. Given its wide ranging substantive coverage, this book will be invaluable to anyone interested in criminal justice, human rights and humanitarian law whether in Africa or other parts of the world. |
| accountability to the law: Accountability in the Contemporary Constitution Nicholas Bamforth, Peter Leyland, 2013-09 Accountability in the context of constitutional and administrative law is a complex concept. This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi-layered government. |
| accountability to the law: The New Corporate Accountability Doreen J. McBarnet, Aurora Voiculescu, Tom Campbell, 2007 This book explores the external social and market forces affecting Corporate Social Responsibility. |
| accountability to the law: Government Accountability Sources and Materials Judith Bannister, Anna Olijnyk, 2018-10-23 Government Accountability: Australian Administrative Law Sources and Materials is a companion text to the second edition of Government Accountability: Australian Administrative Law. The casebook follows the structure of the textbook and provides a sophisticated and in-depth introduction to the principal areas of administrative law taught in Australia. Extracts from primary materials – including cases, legislation and judicial review – provide readers with an understanding of the key principles of administrative law and demonstrate how these mechanisms operate in practice. Case extracts provide a clear account of the facts, issues and statutory provisions considered by the courts. Extracts from secondary sources, including from parliamentary reports and publications by leading commentators in this field, further elucidate key concepts and controversies. Written by experts with substantial teaching and research experience, this is an essential text that will equip students with the tools to think critically and successfully apply the law to practice. |
| accountability to the law: Seeking Accountability for the Unlawful Use of Force Leila Nadya Sadat, 2018-05-31 Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force. |
| accountability to the law: Child Soldiers as Agents of War and Peace Leonie Steinl, 2017-08-19 This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin. |
| accountability to the law: Injunctions Against Intermediaries in the European Union Martin Husovec, 2017-11-30 This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance. |
| accountability to the law: Holding UNPOL to Account Ai Kihara-Hunt, 2017-03-06 Ai Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem. |
| accountability to the law: Why Privacy Isn't Everything Anita L. Allen, 2003 Accountability protects public health and safety, facilitates law enforcement, and enhances national security, but it is much more than a bureaucratic concern for corporations, public administrators, and the criminal justice system. In Why Privacy Isn't Everything, Anita L. Allen provides a highly original treatment of neglected issues affecting the intimacies of everyday life, and freshly examines how a preeminent liberal society accommodates the competing demands of vital privacy and vital accountability for personal matters. Thus, 'None of your business ' is at times the wrong thing to say, as much of what appears to be self-regarding conduct has implications for others that should have some bearing on how a person chooses to act. The book addresses such questions as, What does it mean to be accountable for conduct? For what personal matters am I accountable, and to whom? Allen concludes that the sticky webs of accountability that encase ordinary life are flexible enough to accommodate egalitarian moral, legal and social practices that are highly consistent with contemporary feminist reconstructions of liberalism. |
| accountability to the law: Amnesty in the Age of Human Rights Accountability Francesca Lessa, Leigh A. Payne, 2012-05-28 This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy. |
| accountability to the law: Accountability in the Economic and Monetary Union Menelaos Markakis, 2020 The aim of this series is to publish important and original research on EU law. The focus is on scholarly monographs, with a particular emphasis on those which are interdisciplinary in nature. Edited collections of essays will also be included where they are appropriate. The series is wide in scope and aims to cover studies of particular areas of substantive and of institutional law, historical works, theoretical studies, and analyses of current debates, as well as questions of perennial interest such as the relationship between national and EU law and the novel forms of governance emerging in and beyond Europe. The fact that many of the works are interdisciplinary will make the series of interest to all those concerned with the governance and operation of the EU. Book jacket. |
| accountability to the law: The International Olympic Committee, Law, and Accountability Ryan Gauthier, 2018-06-13 The Olympic Games is unquestionably the largest and most important sporting event in the world. Yet who exactly is accountable for its successes and failures? This book examines the legitimacy and accountability of the International Olympic Committee (IOC). This non-governmental organisation wields extraordinary power, but there is no democratic basis for its authority. This study questions the supremacy of the IOC, arguing that there is a significant accountability deficit. Investigating the conduct of the IOC from an international legal perspective, the book moves beyond a critique of the IOC to explore potential avenues for reform, means of improving democratic procedures and increasing accountability. If the Olympics are to continue to be our most celebrated sporting event, those who organise them must be answerable to the citizens that they can potentially harm as well as benefit. Full of original insights into the inner workings of the IOC, this book is essential reading for all those interested in the Olympics, sport policy, sport management, sport mega-events, and the law. |
| accountability to the law: Reclaiming Accountability Heidi Kitrosser, 2015-01-06 Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability. |
| accountability to the law: Law, Responsibility and Vulnerability James Gallen, Tanya Ni Mhuirthile, 2021-09-30 This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and law and society scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics. |
ACCOUNTABILITY Definition & Meaning - Merriam-Webster
The meaning of ACCOUNTABILITY is the quality or state of being accountable; especially : an obligation or willingness to accept responsibility or to account for one's actions. How to use …
7 Truths About Accountability That You Need to Know - Inc.com
Sep 14, 2017 · Here are seven truths about accountability, which will help you better understands and increase accountability levels in your organization. 1 – Accountability starts with you
Do You Understand What Accountability Really Means?
Oct 13, 2016 · Every leader I’ve ever met sees accountability as a foundational ingredient in a healthy and sustainable culture. The problem is, as is often the case with leadership and …
Accountability: Definition, Types, Benefits, and Example - Investopedia
Apr 10, 2025 · Accountability is the acknowledgment by a company, an individual, or another entity that they're responsible for their actions. What Is Accountability? Accountability refers to …
ACCOUNTABILITY | English meaning - Cambridge Dictionary
ACCOUNTABILITY definition: 1. the fact of being responsible for what you do and able to give a satisfactory reason for it, or…. Learn more.
Accountability - Wikipedia
In leadership roles, [2] accountability is the acknowledgment of and assumption of responsibility for actions, products, decisions, and policies such as administration, governance, and …
Accountability | Definition & Examples | Britannica
accountability, principle according to which a person or institution is responsible for a set of duties and can be required to give an account of their fulfilment to an authority that is in a position to …
What is Accountability? (11 Key Points) - Simplicable
Feb 20, 2025 · Accountability is the obligation to take responsibility for things that are under your direction or control. Fulling this obligation requires admitting to failures, answering to …
What Is Accountability? Definition, Types & Examples
Jun 2, 2023 · Accountability is a term used to describe an individual’s responsibility for completing a task or assignment. It is also used in reference to a person’s ability to be held responsible for …
2024 Accountability Data - Weymouth (03360000) - Mass
Overall classification: All Massachusetts districts and schools with sufficient data are classified into one of two accountability categories: districts and schools requiring assistance or …
ACCOUNTABILITY Definition & Meaning - Merriam-Webster
The meaning of ACCOUNTABILITY is the quality or state of being accountable; especially : an obligation or willingness to accept responsibility or to account for one's actions. How to use …
7 Truths About Accountability That You Need to Know - Inc.com
Sep 14, 2017 · Here are seven truths about accountability, which will help you better understands and increase accountability levels in your organization. 1 – Accountability starts with you
Do You Understand What Accountability Really Means?
Oct 13, 2016 · Every leader I’ve ever met sees accountability as a foundational ingredient in a healthy and sustainable culture. The problem is, as is often the case with leadership and …
Accountability: Definition, Types, Benefits, and Example - Investopedia
Apr 10, 2025 · Accountability is the acknowledgment by a company, an individual, or another entity that they're responsible for their actions. What Is Accountability? Accountability refers to …
ACCOUNTABILITY | English meaning - Cambridge Dictionary
ACCOUNTABILITY definition: 1. the fact of being responsible for what you do and able to give a satisfactory reason for it, or…. Learn more.
Accountability - Wikipedia
In leadership roles, [2] accountability is the acknowledgment of and assumption of responsibility for actions, products, decisions, and policies such as administration, governance, and …
Accountability | Definition & Examples | Britannica
accountability, principle according to which a person or institution is responsible for a set of duties and can be required to give an account of their fulfilment to an authority that is in a position to …
What is Accountability? (11 Key Points) - Simplicable
Feb 20, 2025 · Accountability is the obligation to take responsibility for things that are under your direction or control. Fulling this obligation requires admitting to failures, answering to …
What Is Accountability? Definition, Types & Examples
Jun 2, 2023 · Accountability is a term used to describe an individual’s responsibility for completing a task or assignment. It is also used in reference to a person’s ability to be held responsible for …
2024 Accountability Data - Weymouth (03360000) - Mass
Overall classification: All Massachusetts districts and schools with sufficient data are classified into one of two accountability categories: districts and schools requiring assistance or …
