Negotiating without the victim state: the exclusiveness of anticorruption settlements

Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.

The Obligation to Conduct Negotiations in Good Faith on the Conclusion of a Contract as an Element of the Content of a Pre-Contractual Legal Relationship

The article discusses the issue of the content of the pre-contractual legal relationship and the role of good faith in it. As a result of the analysis, it is concluded that the content of the pre-contractual legal relationship includes only one pre-contractual obligation – to negotiate in good faith. It should be considered as a duty that includes separate elements – manifestations of the general obligation of the parties to behave in good faith, arising at the pre-contractual stage, or, in other words, requirements for good behavior. These elements include the obligation to inform; the obligation not to interrupt negotiations without giving reasons if the other party relied on the person's intention to conclude a contract; the obligation to keep the information received in confidentiality if the party knows that the information is secret and cannot be used by third parties. An attempt has been made to prove that the meaning of good faith is not in addition to the pre-contractual obligation, but in its specification.

Prior Notification and Water Rights

International practice, including international instruments and case law, confirms that states generally accept that they have a duty to provide prior notification of planned measures that may have a significant adverse effect upon co-riparians. The principle of “prior notification” is framed differently in various instruments, and it can broadly include the duty to “notify” and “consult” on planned measures. Prior notification helps to prevent and mitigate disputes, as underlined by the ICJ. Notification and consultation create the conditions for cooperation among riparian states and for ensuring the protection of international watercourses. On the contrary, the lack of notification and consultation may aggravate disputes as in the case of the Great Renaissance Dam along the Nile River. The UN Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) provides a detailed procedural framework on prior notification and consultation. This essay outlines the established characteristics of the prior notification and consultation duty, then argues that the duty should be viewed not only as an inter-state obligation but also as including the obligation to inform and consult local communities.

What the Protectors Protect

Although a suspect’s name and other identifying details are part of the public record or supplied to reporters by police, news media in the Netherlands, Sweden, and Germany routinely protect suspects and even convicted criminals from public exposure. We group these countries in a Protector model. Journalists said they weigh their obligation to inform the public against (1) protecting the defendants’ families—especially if they have children; (2) respecting the right to the presumption of innocence; and (3) avoiding dissemination of information that could damage the defendant’s reputation and/or chance for reintegration. Protector countries share a faith that many criminals can successfully reintegrate into society. Journalists are most likely to protect the private person accused of a crime in the private sector and least likely to protect a public figure or official accused of a public crime.

From proband to provider: is there an obligation to inform genetic relatives of actionable risks discovered through direct-to-consumer genetic testing?

Direct-to-consumer genetic testing is a growing phenomenon, fuelled by the notion that knowledge equals control. One ethical question that arises concerns the proband’s duty to share information indicating genetic risks in their relatives. However, such duties are unenforceable and may result in the realisation of anticipated harm to relatives. We argue for a shift in responsibility from proband to provider, placing a duty on test providers in the event of identified actionable risks to relatives. Starting from Parker and Lucassen’s (2004) 'joint account model', we adapt Kilbride’s (2018) application of the rule of rescue and balance it against the relative’s right not to know, placing responsibility on the providers of direct-to-consumer genetic testing. Where the risk of disease to a relative is actionable, we argue providers ought to share results even in the face of the proband’s objections. Confidentiality issues are navigated by a pre-emptive consent model, whereby consumers agree to the sharing of certain information with their relatives ahead of testing and as a condition of testing. When a relative is informed, the proband’s privacy is protected by maximal deidentification, and the rights of the relative are met by a stepwise approach to informing that allows them to decide how much information they receive.

Knowledge and Attitude of Dentists and Patients Toward Use and Health Safety of Dental Amalgam in Saudi Arabia

Objective The aim of this study was to assess: (1) the perceptions of dentists in Saudi Arabia concerning the amalgam controversy, (2) their attitude toward the ethical responsibility of patient information, and (3) patients’ knowledge and attitude toward the use of dental amalgam. Materials and Methods A total of 1,139 dentists were sampled on convenience by electronic survey. The questionnaire contained questions about the safety of dental amalgam, use of amalgam, case selection, alternate materials, and informing their patients about risks of amalgam. Also, 425 patients were sampled on convenience and information collected on their knowledge about amalgam and its acceptance in their oral cavities. Results A total of 201 dentists and 425 patients participated in the study. A total of 60% of dentists and specialists declared it safe. A total of 32.4% (31) of general dental practitioners and 41% (43) specialists considered it a moral obligation to inform patients about the potential health risks associated with amalgam. Mercury toxicity was identified as the most common health hazard. About 57.3% dentists and 36.2% specialists opted for superior longevity as the principle advantage. Majority of patients (52.2%) in Saudi Arabia had no knowledge about dental amalgam. While 23.1% (98) had concern about poor color, 8.7% (30) knew it contained silver while only 7.8% (27) patients were aware of its mercury content. Conclusion Majority of dentists in Saudi Arabia found it safe to use amalgam while the patients had little knowledge about the possible issues with amalgam. It is recommended to improve public awareness about impact of mercury containing products on the environment.

Jadhav Case (India v. Pakistan)

Jadhav Case (India v. Pakistan) concerned Pakistan's arrest, detention, conviction, and death sentence of Kulbhushan Sudhir Jadhav, asserted by India to be an Indian national, who had been convicted of engaging in acts of terrorism and espionage in Pakistan. This is the third dispute over the interpretation of Article 36 of the Vienna Convention on Consular Relations (VCCR) to come before the International Court of Justice (ICJ). In contrast to the Applicants in the previous consular rights cases, India sought relief that included the annulment of Jadhav's conviction in Pakistan, his release from custody, and his safe transfer to India. After unanimously finding it had jurisdiction, fifteen judges of the ICJ, with only Judge ad hoc Jillani dissenting, held on the merits that Pakistan had breached VCCR Article 36 by failing to inform Jadhav without delay of his rights under that provision; by failing to notify without delay the appropriate consular post of India in Pakistan of his detention; and by depriving India of its right to communicate with Jadhav, to visit him in detention, and arrange for his legal representation. In addition, the Court, with only Judge ad hoc Jillani dissenting, found that Pakistan is under an obligation to inform Jadhav of his rights without further delay and is obliged to provide Indian consular officers access to him. The Court further found that appropriate reparation required Pakistan to provide, by means of its own choosing, effective review and reconsideration of Jadhav's conviction and sentence to ensure that full weight is given to the effect of the violation of his rights. Finally, the ICJ, again with Judge ad hoc Jillani dissenting, declared that a continued stay of execution constituted an indispensable condition for the effective review and reconsideration of Jadhav's conviction and sentence.

FAKE NEWS PROLIFERATION IN NIGERIA: CONSEQUENCES, MOTIVATIONS, AND PREVENTION THROUGH AWARENESS STRATEGIES

Purpose: This study aims to understand the effects of fake news spreading in Nigeria, the reasons for fake news sharing among social media users, and eventually propose preventive measures (i.e. awareness strategies) to combat the proliferation of fake news in Nigeria. Main results: Some grave implications of fake news sharing were identified such as death, conflict escalation, political hostility, and societal panic. Meanwhile, people were motivated to share news mainly because of their civil obligation to inform others and provide advice or warning. These motivations, together with other contextual reasons such as media control, interpersonal trust and youth unemployment, had led to fake news proliferation in Nigeria. Methodology: This study adopts a documentary research method to generate the information necessary to investigate fake news spread in Nigeria. A total of 265 articles were drawn from Google Scholar search and after a close examination, only 20 articles were included for analysis. Implications: There is a need to increase fake news awareness, media and information literacy among Nigerians. Social media users should be constantly informed through adequate advertisements, workshops, conferences, and other forms of sensitization, about the consequences of fake news sharing, how to spot and differentiate fake news with made-up news and why it is imperative to be self-aware before forwarding any message. Originality/novelty: This paper contributes to knowledge in two ways. First, it compiles past research on fake news in Nigeria and analysed contextual factors and consequences of fake news proliferation in this context. Second, it reinforces the need for fake news awareness as a means of reducing the spread of fake news among social media users in Nigeria.

Predictability of working conditions as a prerequisite for effective exercise of labor rights: A review of directive (EU) 2019/1152

Employee, as a weaker (legally subordinate and economically dependent) party to the employment relationship, needs to be informed about working conditions in a timely and appropriate manner, especially in countries where the employment contract does not have to be concluded in writing. Providing information on working conditions to the employees, therefore, represents an important prerequisite for effective enjoyment of employment rights, because it allows them to properly assess their own employment status, and in the event of a labor dispute, makes it easier to prove the contractual working conditions. This can also contribute to the fairness of the competition on the market, as well as the suppression of undeclared work, because absence of an employer's written notice regarding working conditions can serve as an indicator, to the labor inspection and other relevant authorities, of violation of labor rights in a particular entreprise. Although an employer's obligation to inform workers about working conditions is regulated in detail by the Council Directive 91/533/EEC at the EU level, many workers are denied written notice, due to, amongst other things, the emergence of new forms of employment that are heavily associated with the risk of difficulty in exercising labor rights. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, which is applied to the new forms of employment, as well as to bogus self-employment seeks to overcome this risk, and, in addition to expanding the circle of persons who have to be notified, it also establishes the catalog of minimum rights of all workers. Therefore, the article critically discusses the key solutions from the new directive, pointing out the risk that such a wide circle of protected persons may deter employers from establishing employment, as well as from consistent application of relevant (labor law, social law and tax law) regulations.

Delivering on the European Pillar of Social Rights: The New Directive on Transparent and Predictable Working Conditions in the European Union

Chapter II of the European Pillar of Social Rights envisages fair working conditions that are further spelled out in two principles on secure and adaptable employment (Principle 5) and information about employment conditions and protection in dismissals (Principle 7). In order to deliver on this framework, in December 2017 the European Commission presented an ambitious and far-reaching proposal for a Directive on transparent and predictable working conditions in the European Union that would repeal Directive 91/533/EC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship. The proposal, after a series of uneasy negotiations in the Parliament and the Council, and with substantial modifications, was subsequently adopted in June 2019. Against this background, the main aim of this note is to analyse the new Directive (EU) 2019/1152. This piece focuses firstly on the Directive’s nuanced hybrid personal ambit of application. Secondly, it examines its material scope of application and sheds some light on the new set of rights and entitlements available to workers, including novel enforcement mechanisms. Finally, the note provides a critical assessment of the Directive with the aim of unveiling its potential to boost workers’ rights in the European Union, in particular those engaged in non-standard forms of employment, who are especially prone to experiencing precarious working conditions, such as on-demand and platform workers.