Corporate Killing
Lead Researchers: Prof Celia Wells (Alumni) Andy Hall (Alumni)
Background
The aim of this project was to develop a theoretical understanding of the criminal liability of corporations, including reforms to corporate manslaughter laws in a number of common law jurisdictions.
There have been a number of political attempts (some successfully followed through) to legislate a criminal offence relating to industrial manslaughter in England and Wales, Canada and some states of Australia. Growing concern about corporate social responsibility and accountability, combined with specific controversies involving loss of life in industries such as rail travel, airlines, tobacco and motor vehicles, have increased the pressure for such legislation to be enacted and enforced.
Key Findings
Corporate Killing - What's the Problem?
International Trade in Models of Corporate Liability
Outputs
• ‘La responsibilita delle persone giuridiche (The Criminal Responsibility of Corporations)’ chapter in Cadoppi (ed) Verso un Codice modello per ‘Europa: Offensitivia e colpevolezza, vol.XXIII: casi, fonti e studi per il diritto penale. (2002)
• ‘The Reform of Corporate Criminal Liability’ in De Lacey J. The Reform of United Kingdom Company Law Cavendish Publishing 2002, 291-306
• ‘Corporate Criminal Liability in England and Wales’ in Palazzo F. ed Societas Puniri Potest: La Responsibilita da reato degli enti collettivi CEDAM 2003.
• ‘Corporate Responsibility’ in Tully ed Handbook on Corporate Criminal Responsibility’ Edward Elgar 2005-08-24
• Hall, A and Johnstone, R. (2004) ‘Reflections on OHS’s Criminal Law Reform’ Flinders Journal of Law Reform
• Haines, F. and Hall, A. (2004) ‘The Law and Order Debate in Occupational Health and Safety – Australia and New Zealand 20(3):263
• Hall, A. Johnstone, R. and Ridgeway, A. (2004) ‘Reflection on Reforms: Developing Criminal Accountability for Industrial Deaths’, Australian National Research Centre for Occupational Health and Safety Working Paper 33 viewed at:
http://www.ohs.anu.edu.au/publications/pdf/WorkingPaper26pdf.pdf
Seminars and Conferences
• Colloquium ppr-‘Corporate Responsibility’, lus et Lex Foundation Colloquium, Penal Responsibility in Liberal Democratic Systems, Warsaw. (2002)
• Participant International Bar Association Annual Conference 2004 – Sessions on Corporate Governance and Litigation in relation to Parmalat and Enron.
