Investigation and Prosecution of Large-scale Crimes at the International Level: The Experience of the ICTY

Although the prosecution of large-scale crimes at the internationallevel shares some similarities to the prosecution of organizedcrime at the national level, there are a number of importantdifferences that make the two areas hardly comparable. Two distinctivetraits of international criminal proceedings stand out in thisregard: (i) the lack of any enforcement agency that would allowprosecuting authorities to carry out investigations on the territoryof an interested state without its assistance and the absenceof a general power to carry out such arrests, which render statecooperation of prime importance and (ii) the fact that the proceduralmodel of international criminal tribunals is mixed containingelements of accusatorial (common law) as well as inquisitorial(civil law) systems. As far as prosecutions are concerned, usefulconcepts and procedures adopted from both legal traditions canbe found in the Statute, the Rules of Procedure and Evidenceas well as in the approach of prosecutors, defence counsel andjudges to the introduction of evidence and, more generally,to the manner in which proceedings are conducted. One of themain examples of this is the acceptance of proof of facts bymeans other than oral evidence as a result of the influenceof the civil law tradition, which has progressively made itsway in the procedural system of the International Criminal Tribunalfor the former Yugoslavia (ICTY). Yet, on the other hand, somemethods normally resorted to in national criminal prosecutionmay turn out to be useful at the international level, such asresorting to insider witnesses. Although known to domestic systems,such practice may have a particular significance in the contextof the prosecution of international crimes. So have additionalforms of criminal participation (such as the notion of jointcriminal enterprise). Only a mixing of traditional and innovativeinvestigative tools and the proper balance of the differentlegal cultures can ensure effective prosecution of internationalcrimes.     

The chimera of redistribution in post-apartheid South Africa: 'Black Economic Empowerment' (BEE) in industrial fisheries

Black Economic Empowerment (BEE) is an attempt to marry redistributiveand neo-liberal economic policies. The South African state,however, has differing degrees of power to force redistributionon different sectors of the economy. Fisheries is one of thesectors where state allocation of licenses, exploitation rightsand quotas makes the prospects for BEE promising. In this article,we examine redistributive processes in the hake trawl industry.We conclude that BEE, despite its redistributive intentions,has been doubly conducive to the interests of large-scale SouthAfrican capital. To begin with, it has by and large confirmedthe historical share of fishing rights to incumbent, largelywhite-controlled, operators. Second, it has created a layerof ‘black captains of industry’ to whom incumbentsare increasingly outsourcing primary production in a volatile,high-risk and currently loss-leading sector. While fishing operationsare being outsourced under the banner of redistribution, thefish trade remains under the effective control of white capital.     

Global commodity chain analysis and the French filière approach: comparison and critique

This article reviews two approaches to the study of economic restructuring which focus on commodity-specific dynamics of change. The first is the global commodity chain (GCC) approach, which has been developed primarily for the analysis of industrial commodities.The second is the francophone filière tradition, which has been applied mostly to agricultural commodities originating from former French colonies. The article finds that the GCC approach has a more coherent framework than the filière approach, although it is still far from constituting a fully fledged 'theory'. The authors provide a number of suggestions for improving some of its key concepts. They also suggest that the GCC approach can be enriched by some of the insights gained in filière work, especially in terms of improving historical coverage and depth, enlarging the analysis to agricultural commodities, better handling of regulation issues, and including quality convention issues in analysing commodity chain structure and restructuring.     

Bono's Product (RED) Initiative: corporate social responsibility that solves the problems of ‘distant others’

The Product (RED) initiative was launched by Bono at Davos in 2006. Product RED is ‘a brand created to raise awareness and money for the Global Fund to Fight AIDS, Tuberculosis and Malaria by teaming up with iconic brands to produce RED-branded products’. With the engagement of American Express, Apple, Converse, Gap, Emporio Armani, Hallmark and Motorola, consumers can help HIV/AIDS patients in Africa. They can do so simply by shopping, as a percentage of profits from Product (RED) lines goes to support the Global Fund. In this article we examine how the corporations that are part of this initiative use RED to build up their brand profiles, sell products and/or portray themselves as both ‘caring’ and ‘cool’. We also show that, more than simply being another example of cause-related marketing (like the pink ribbon campaign or the ubiquitous plastic armbands), RED engages corporations in profitable ‘helping’ while simultaneously pushing the agenda of corporate social responsibility (CSR) towards solving the problems of ‘distant others’.     

The politics of ownership: Tanzanian coffee policy in the age of liberal reformism

In the last two decades, the twin processes of liberalizationand privatization have facilitated the ‘capturing’of key markets and assets by foreign interests in many Africancountries. This is being increasingly perceived in domesticconstituencies as a loss of national ownership and has promptedattempts by the state to defend the interests of ‘local’firms and businesspeople. These actions have often been portrayedin the literature as manoeuvres that — in the guise ofnationalism — are ultimately characterized by clientelisticand rent-seeking objectives. The analysis of coffee politicsand policy in Tanzania carried out in this article challengesthis interpretation. It shows that practices affecting the perceived(il)legitimacy of ‘foreign’ ownership of assetsand control of markets constitute elements of a ‘politicsof ownership’. This politics, although often sportingantiliberal features, does not question the essential natureof market reforms. Rather, it seeks to undermine the dominationof ‘foreign’ interests in key industries throughthe redefinition of the parameters of competition to the advantageof local actors.     

Public orchestration,social networks,and transnational environmental governance: Lessons from the aviation industry

This article contributes to current debates on the potential and limitations of transnational environmental governance, addressing in particular the issue of how private and public regulation compete and/or reinforce each other – and with what results. One of the most influential approaches to emerge in recent years has been that of “orchestration.” But while recent discussions have focused on a narrow interpretation of orchestration as intermediation, we argue that there is analytical traction in studying orchestration as a combination of directive and facilitative tools. We also argue that a social network analytical perspective on orchestration can improve our understanding of how governments and international organizations can shape transnational environmental governance. Through a case study of aviation, we provide two contributions to these debates: first, we propose four analytical factors that facilitate the possible emergence of orchestration (issue visibility, interest alignment, issue scope, and regulatory fragmentation and uncertainty); and second, we argue that orchestrators are more likely to succeed when they employ two strategies: (i) they use a combination of directive and facilitative instruments, including the provision of feasible incentives for industry actors to change their behavior, backed up by regulation or a credible regulatory threat; and (ii) they are robustly embedded in, and involved in the formation of, the relevant transnational networks of actors and institutions that provide the infrastructure of governance. © 2017 JohnWiley & Sons Australia, Ltd