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This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the supreme international crime that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdictionmost notably universal jurisdictionas well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.

In this study, we assess the causal impact of stakeholder orientation on innovation. To obtain exogenous variation in stakeholder orientation, we exploit the enactment of state-level constituency statutes, which allow directors to consider stakeholders’ interests when making business decisions. Using a difference-in-differences methodology, we find that the enactment of constituency statutes leads to a significant increase in the number of patents and citations per patent. We further argue and provide evidence suggesting that stakeholder orientation sparks innovation by encouraging experimentation and enhancing employees’ innovative productivity. Finally, we find that the positive effect of stakeholder orientation on innovation is larger in consumer-focused and less eco-friendly industries. Data, as supplemental material, are available at http://dx.doi.org/10.1287/mnsc.2015.2229 . This paper was accepted by Lee Fleming, entrepreneurship and innovation .

Evliliğin sona ermesiyle evlilik birliğindeki malvarlığı değerlerinin hakkaniyete uygun biçimde paylaştırılması gerekmektedir. Malvarlığı değerlerinin orantılı biçimde paylaştırılabilmesi için, eşlerin mal rejimi sona erdiğinde talep edebileceği birtakım alacak hakları bulunmaktadır. Eşler, tasfiye aşamasında, kural olarak evlilik süresince edindikleri “edinilmiş mallarının” yarısı üzerinde alacak hakkına sahiptir. Bu hak, artık değer hesabı yapıldıktan sonra çıkan miktarın yarısını oluşturan “katılma alacağı” olarak adlandırılmaktadır. Mal rejimi sona erdiğinde eşler “katılma alacağı” taleplerini mal rejiminin tasfiyesinden kaynaklanan davalar ile öne sürebileceklerdir. Amaç: Bu çalışmada, “katılma alacağının” talebine ilişkin zamanaşımı süresi ile ilgili öğretideki görüş ayrılıkları ve uygulamadaki son durumun incelenmesi amaçlanmıştır. Yöntem: Çalışmada “katılma alacağının” tâbi olduğu zamanaşımı süresine yönelik öğretide iki farklı görüş ayrılığına sebebiyet veren ilgili Türk Medeni Kanunu’nun 178. maddesi ve Türk Borçlar Kanunu’nun 146. maddesindeki zamanaşımı süreleri incelenerek Yargıtay uygulamasındaki son durum ile öğretideki görüş farklılıklarının gerekçeleri incelenmiştir. Bulgular: Mal rejiminin sona ermesinde “katılma alacağının” zamanaşımı süresinin Türk Borçlar Kanunu’nun 146. maddesi gereğince 10 yıl olması gerektiği yönünde ve Türk Medeni Kanunu’nun 178. maddesi gereğince 1 yıl olması gerektiği yönünde iki farklı görüş mevcut ise de Yargıtay TBK m.146 gereği 10 yıllık zamanaşımı süresini kabul etmektedir. Özgünlük: “Katılma alacağının” tabi olduğu zamanaşımı süresine yönelik görüş ayrılıkları neticesinde zamanaşımı süresi bakımından belirsizlikleri gidermek isteyen ve konu hakkında bilgi sahibi olmak isteyenler için özgün bir makaledir. With the dissolution of the marriage, the assets in the marriage union should be shared in an equitable manner. In order for the property values to be shared proportionally, the spouses have certain receivables that they can claim when the property regime ends. As a rule, spouses have the right to claim over half of their \"acquired property\" acquired during the marriage during the liquidation phase. This right is called the “participation receivable”, which constitutes half of the amount that comes out after the residual value calculation is made. When the property regime comes to an end, the spouses will be able to put forward their claims for participation with the lawsuits arising from the liquidation of the property regime. Purpose: In this study, it is aimed to examine the differences of opinion in the doctrine about the statute of limitations regarding the request for \"participation claim\" and the latest situation in practice. Method: In the study, the statute of limitations in Article 178 of the Turkish Civil Code and Article 146 of the Turkish Code of Obligations, which cause two different disagreements in the doctrine regarding the statute of limitations to which the \"participation claim\" is subject, were examined, and the latest situation in the practice of the Court of Cassation and the justification of the differences of opinion in the doctrine were examined. Findings: Although there are two different opinions that the statute of limitations for the “participation claim” at the end of the property regime should be 10 years in accordance with Article 146 of the Turkish Code of Obligations, and that it should be 1 year in accordance with Article 178 of the Turkish Civil Code, Article 146 of the Supreme Court of Appeals. accepts the 10-year statute of limitations. Originality: This is an original article for those who want to get rid of the uncertainties in terms of the statute of limitations as a result of differences of opinion regarding the statute of limitations to which the \"participation claim\" is subject, and for those who wish to have information on the subject.

This guide to the crime of aggression provisions under the Rome Statute of the International Criminal Court (ICC) offers an exhaustive and sophisticated legal analysis of the crime's definition, as well as the jurisdictional provisions governing the ICC's exercise of jurisdiction over the crime. A range of practical issues likely to arise in prosecutions of the crime of aggression before the ICC are canvassed, as is the issue of the domestic prosecution of the crime. It also offers an insight into the geopolitical significance of the crime of aggression and the activation of the ICC's ability to exercise its jurisdiction over the crime. The author's intimate involvement in the crime's negotiations, combined with extensive scholarly reflection on the criminalisation of inter-State uses of armed force, makes this highly relevant to all academics and practitioners interested in the crime of aggression.

The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.

The project-based grants provided to Turkey under the European Union Instrument for Pre-Accession Assistance (IPA) constitute a significant illustration of the applicationofconditionaltaxexemptionsandexceptions.InaccordancewithArticle 90 of the Constitution, the IPA Framework Agreements have been duly entered into force, thereby enabling the application of exemptions and exceptions to a range of tax types. While the general condition for the application of these exemptions is the existence of a valid Union Agreement, there are secondary conditions for each tax type that must be met. Consequently, in the event of the termination of the agreement or partial withdrawal of EU funds, the uncollected tax related to the exemption and the exemption itself should be accrued and collected with a tax loss penalty. In contrast to the statute of limitations in public law, the statute of limitations in private law has the effect of depriving the relevant party of their rights. Consequently, the cessation of the conditional exemption related to EUAgreements, i.e., the date of breach, represents a significant milestone in determining whether the agreement is within the limitation period or not.

Research Summary: This study examines whether corporate social responsibility (CSR) improves firms' competitiveness in the market for government procurement contracts. To obtain exogenous variation in firms' social engagement, I exploit a quasi-natural experiment provided by the enactment of state-level constituency statutes, which allow directors to consider stakeholders' interests when making business decisions. Using constituency statutes as instrumental variable (IV) for CSR, I find that companies with higher CSR receive more procurement contracts. The effect is stronger for more complex contracts and in the early years of the government-company relationship, suggesting that CSR helps mitigate information asymmetries by signaling trustworthiness. Moreover, the effect is stronger in competitive industries, indicating that CSR can serve as a differentiation strategy to compete against other bidders. Managerial Summary: This study examines how companies can strategically improve their competitiveness in the market for government procurement contracts—a market of economic importance (15-20% of GDP). It shows that companies with higher social and environmental performance (CSR) receive more procurement contracts. This effect is stronger for more complex contracts, in the early years of the government-company relationship, and in more competitive industries. These findings indicate that firms' CSR can serve as a signaling and differentiation strategy that influences the purchasing decision of government agencies. Accordingly, managers operating in the business-to-government (B2G) sector could benefit from integrating social and environmental considerations into their strategic decision making.

Most criminal law defenses serve the criminal law’s goal of shielding blameless defendants from liability. Justification defenses, such as selfdefense and law enforcement authority, exculpate on the ground that the defendant’s conduct, on balance, does not violate a societal norm. Excuse defenses, such as insanity and duress, exculpate on the ground that, while the defendant may well have violated a societal norm, it was done blamelessly. That is, it is the excusing conditions, not the defendant, that is to blame. In contrast, a third group of general defenses, which have been called “non-exculpatory defenses,” bar liability in instances where the defendant may have clearly violated a societal norm with full blameworthiness yet nonetheless is exempt from criminal liability because giving the exemption advances some societal interest independent of—and in conflict with—the criminal law’s goal of imposing deserved punishment in proportion to an offender’s blameworthiness. Non-exculpatory defenses openly sacrifice doing justice in order to promote the competing non-justice interest. A wide variety of non-exculpatory defenses are commonly recognized, including, for example, statutes of limitation, executive and legislative immunities, double jeopardy, diplomatic immunity, and the doctrines of the legality principle. Each of these defenses let blameworthy offenders go free even for serious crimes because such restraint promotes or protects some non-desert societal interest. Our examination of the doctrines suggests, however, that those balances of competing interests are commonly misaligned. This occurs in some instances because societal circumstances have significantly changed since the initial formulation of the defense, without any corresponding revision of the doctrine. In other instances, there is reason to suspect that no thoughtful balancing of the competing interests ever took place, perhaps because at the time there was insufficient appreciation of the practical importance of doing justice and the societal costs of regular failures of justice. In this article, we illustrate the problem by examining the three most commonly used non-exculpatory defenses: statutes of limitation, the double jeopardy rule, and the legality principle’s rule of strict construction. We acknowledge that each of these defenses was created to promote or protect an important societal interest. But we show that in each instance the societal circumstances have changed, altering the balance of competing interests, yet the formulation of the doctrines has not been adjusted accordingly. Our larger conclusion is that non-exculpatory defenses, based as they are upon a balance of competing societal interests, rather than principles of societal harm and personal blameworthiness, require constant re-examination and adjustment in ways that justification and excuse defenses do not.