The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance?
Given its role as a legal instrument not only to try superiors but also to prevent both them and their subordinates from committing grave international crimes, the correct understanding and proper application of the doctrine of superior responsibility is of paramount importance. This article aims to...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S207183222400066X/type/journal_article |
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| _version_ | 1841526525437935616 |
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| author | Irakli Kvirikashvili |
| author_facet | Irakli Kvirikashvili |
| author_sort | Irakli Kvirikashvili |
| collection | DOAJ |
| description | Given its role as a legal instrument not only to try superiors but also to prevent both them and their subordinates from committing grave international crimes, the correct understanding and proper application of the doctrine of superior responsibility is of paramount importance. This article aims to illuminate specific and some controversial aspects of the third element of the doctrine—the failure to adopt necessary and reasonable measures—and obtain a clearer and more comprehensive understanding on the superiors’ duties, its limits and main prerequisites under the doctrine. For this purpose, an interdisciplinary study was conducted to investigate whether basic principles and business aspects of corporate governance and compliance management may be applied for a better understanding and refinement of the doctrine. The underlying analysis in corporate governance and compliance covers American (U.S.), German, and international standards. |
| format | Article |
| id | doaj-art-c8dc2a8a523a4946bb78ccfb7ca9fc4d |
| institution | Kabale University |
| issn | 2071-8322 |
| language | English |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj-art-c8dc2a8a523a4946bb78ccfb7ca9fc4d2025-01-16T21:46:58ZengCambridge University PressGerman Law Journal2071-832212710.1017/glj.2024.66The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance?Irakli Kvirikashvili0https://orcid.org/0009-0003-6485-4435Utrecht University, Deloitte GmbH Wirtschaftsprüfungsgesellschaft Germany, NetherlandsGiven its role as a legal instrument not only to try superiors but also to prevent both them and their subordinates from committing grave international crimes, the correct understanding and proper application of the doctrine of superior responsibility is of paramount importance. This article aims to illuminate specific and some controversial aspects of the third element of the doctrine—the failure to adopt necessary and reasonable measures—and obtain a clearer and more comprehensive understanding on the superiors’ duties, its limits and main prerequisites under the doctrine. For this purpose, an interdisciplinary study was conducted to investigate whether basic principles and business aspects of corporate governance and compliance management may be applied for a better understanding and refinement of the doctrine. The underlying analysis in corporate governance and compliance covers American (U.S.), German, and international standards.https://www.cambridge.org/core/product/identifier/S207183222400066X/type/journal_articleSuperiorsResponsibilityDutiesControlCompliance |
| spellingShingle | Irakli Kvirikashvili The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance? German Law Journal Superiors Responsibility Duties Control Compliance |
| title | The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance? |
| title_full | The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance? |
| title_fullStr | The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance? |
| title_full_unstemmed | The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance? |
| title_short | The Duties under the Doctrine of Superior Responsibility: What Can We Learn from Business Standards on Corporate Governance & Compliance? |
| title_sort | duties under the doctrine of superior responsibility what can we learn from business standards on corporate governance compliance |
| topic | Superiors Responsibility Duties Control Compliance |
| url | https://www.cambridge.org/core/product/identifier/S207183222400066X/type/journal_article |
| work_keys_str_mv | AT iraklikvirikashvili thedutiesunderthedoctrineofsuperiorresponsibilitywhatcanwelearnfrombusinessstandardsoncorporategovernancecompliance AT iraklikvirikashvili dutiesunderthedoctrineofsuperiorresponsibilitywhatcanwelearnfrombusinessstandardsoncorporategovernancecompliance |