Welcome to the Archives of the Journal of Corporate Compliance and Criminal Justice. Here, you can explore past volumes and issues of our journal, providing a wealth of knowledge and research on topics related to corporate compliance, criminal justice, and related fields.
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Volume 2
Issue 1 JANUARY- JUNE 2025
Volume 2(Issue 1) JANUARY- JUNE 2025 Research Articles
Evaluating Corporate Responsibility for Environmental Harm: Legal Frameworks and Enforcement Obstacles in Vietnam
Vol.2(1); Pages:1-8. Published on April 2025
Abstract
This paper explores the legal framework and enforcement mechanisms surrounding corporate criminal liability in environmental crimes in Vietnam. With the increasing environmental degradation caused by industrial activities, corporate entities have become significant contributors to pollution and ecological harm. Vietnam has made strides in enacting legal provisions that hold corporations accountable for their environmental violations, but several gaps and challenges remain in implementing these laws effectively.The paper begins by examining Vietnam’s environmental laws, particularly the Penal Code, Environmental Protection Law, and other regulatory mechanisms that define corporate liability in environmental offenses. It highlights how these laws align with international standards and explores recent amendments that introduce more stringent sanctions. Despite legal advancements, enforcement remains problematic due to various factors, including weak institutional capacities, corruption, and economic incentives to overlook environmental infractions. The role of governmental agencies, environmental courts, and the impact of international treaties are assessed to understand the effectiveness of enforcement mechanisms.The paper also considers case studies of corporate environmental crimes in Vietnam, such as the Formosa Ha Tinh Steel incident, to illustrate the challenges in holding corporations criminally accountable. These case studies provide insights into the difficulties in prosecuting and punishing corporate entities, as well as the broader societal implications of environmental degradation, such as public health crises and economic losses.
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Incorporating Commercial Law Principles in Corporate Law Reform: Approaches and Implementation
Vol.2(1); Pages:9-18. Published on April 2025
Abstract
The integration of commercial law principles into corporate law reform is an emerging strategy aimed at creating more robust, adaptable, and responsive legal frameworks for businesses. This approach seeks to enhance corporate governance, improve regulatory efficiency, and align legal structures with the practical realities of the modern commercial environment. The abstract discusses how commercial law, with its focus on trade facilitation, contractual freedom, and commercial certainty, provides valuable insights and methodologies that can be applied to corporate law reform. By incorporating these principles, legal systems can better address the challenges posed by globalization, technological advancements, and evolving market dynamics. The integration of commercial law thinking into corporate law reform also offers the potential to improve stakeholder protections, foster transparency, and ensure fairness in corporate operations. Moreover, it supports the creation of more effective dispute resolution mechanisms and promotes economic growth by aligning corporate regulation with commercial practice. This abstract outlines the strategic importance of this integration and its implications for legal theory, business practice, and economic stability.
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Regulatory Frameworks for Armed Security Personnel on Vessels: Issues and Future Prospects
Vol.2(1); Pages:19-28. Published on April 2025
Abstract
The deployment of armed guards on commercial ships has become a common practice in response to the increasing threat of piracy and maritime security incidents. This approach, while effective in deterring and managing security threats, presents a complex array of legal challenges. The international legal framework governing the use of armed guards on ships involves multiple layers, including international conventions, regional agreements, and national regulations. Key issues include the legal status and accountability of private security firms, the interaction between national laws and international standards, and the potential for conflicts with local regulations in the ports and waters where ships operate. This paper explores these legal frameworks, identifies the primary challenges faced by shipping companies and security providers, and proposes potential solutions and future directions for harmonizing regulations to enhance maritime security while ensuring compliance with international law.
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Redefining Corporate Law: A Strategic Framework for Governance and Accountability in the Global Market
Vol.2(1); Pages:29-38. Published on April 2025
Abstract
The landscape of corporate law is undergoing a significant transformation as businesses operate in an increasingly globalized and interconnected world. “Reimagining Corporate Law: A Blueprint for Governance and Accountability in the Global Economy” explores the critical need for a modernized corporate legal framework that addresses the challenges of contemporary business practices. This paper delves into the evolution of corporate governance, emphasizing the importance of ethical leadership, transparency, and accountability in fostering sustainable business models. It also examines the role of regulatory bodies and international standards in harmonizing corporate governance practices across borders, ensuring that corporations contribute positively to societal goals while maximizing shareholder value.Key themes include the integration of environmental, social, and governance (ESG) factors into corporate decision-making, the impact of technological advancements on corporate governance, and the increasing importance of stakeholder engagement in shaping corporate policies. The paper argues for a holistic approach to corporate law that balances the interests of shareholders, stakeholders, and the broader society. By proposing a blueprint for governance and accountability, this research aims to guide policymakers, legal practitioners, and corporate leaders in adapting to the evolving demands of the global economy.
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The Impact of Contract Law on Corporate Deals and Knowledge Development
Vol.2(1); Pages:39-47. Published on April 2025
Abstract
Contract law is a cornerstone of corporate transactions, serving as the legal framework that governs agreements between parties in business dealings. This paper explores the integral role that contract law plays in corporate transactions, emphasizing how it facilitates the creation, execution, and enforcement of agreements, ensuring that obligations are met and that rights are protected. The study highlights the significance of understanding contract law in the corporate sector, where complex transactions such as mergers, acquisitions, joint ventures, and financing agreements are commonplace. It delves into the various elements of contract law, including offer, acceptance, consideration, and breach, and how these elements are applied in the corporate context. Additionally, the paper examines the educational aspects of contract law, discussing how its principles are taught and learned in corporate settings, and how this knowledge is critical for business professionals, legal practitioners, and students. The study also addresses the challenges and legal complexities that arise in corporate transactions, such as the interpretation of contract terms, the resolution of disputes, and the implications of international contract law. By analyzing case studies and legal precedents, the paper provides insights into how contract law shapes corporate strategies and decision-making. Ultimately, the paper argues that a thorough understanding of contract law is essential for effective corporate governance and risk management, making it a vital component of both legal education and corporate practice.
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Volume 1
Issue 2 JULY – DECEMBER 2024
Research Articles Volume 1 (Issue 2) JULY – DECEMBER 2024
Exploring the Effectiveness of Market-Based Mechanisms in Addressing Environmental Challenges
Vol.1(2); Pages:1-10. Published on August 2024
Abstract
Environmental law has increasingly incorporated market-based mechanisms as tools to address various ecological challenges. These mechanisms, including carbon trading, pollution credits, and conservation banking, aim to align economic incentives with environmental protection. This approach leverages the efficiency of markets to drive sustainable practices and reduce environmental harm. However, the effectiveness of these mechanisms in achieving long-term ecological sustainability remains a subject of debate. This paper explores the theoretical foundations of market-based environmental policies, examines empirical evidence of their outcomes, and discusses the inherent limitations of relying on markets to solve environmental problems. Key issues include the commodification of natural resources, the risk of market failures, and the potential for unequal distribution of environmental benefits and burdens. By analyzing case studies and regulatory frameworks from various regions, this paper aims to provide a comprehensive evaluation of the strengths and weaknesses of market-based mechanisms in environmental law. The findings suggest that while market mechanisms can offer cost-effective and flexible solutions, they must be carefully designed and complemented by robust regulatory oversight to address their limitations and ensure equitable and sustainable environmental outcomes.
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Impacts of Environmental Tax Reform on Urban Air Quality: Evidence from the Environmental Protection Tax Law
Vol.1(2); Pages:11-18. Published on September 2024
Abstract
This study explores the effects of environmental tax reform on urban air quality, specifically analyzing the implementation of the Environmental Protection Tax Law. Utilizing a quasi-natural experiment approach, the research evaluates how the introduction of this law has influenced air pollution levels in urban areas. By comparing air quality data before and after the reform, and across regions with varying levels of tax enforcement, this study aims to isolate the impact of the tax policy from other confounding factors. The findings suggest that the Environmental Protection Tax Law has led to a significant reduction in key pollutants, including sulfur dioxide (SO2), nitrogen oxides (NOx), and particulate matter (PM10). This reduction is attributed to the increased costs for polluting activities, incentivizing industries to adopt cleaner technologies and practices. The study further discusses the implications of these findings for urban environmental management and policy-making, highlighting the potential benefits of environmental tax reforms in mitigating urban air pollution and improving public health.
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Issue 1 JANUARY – JUNE 2024
Research Articles Volume 1 (Issue 1) JANUARY – JUNE 2024
Analyzing Climate Refugees’ Individual and Social Rights Under International Environmental Law
Vol.1(1); Pages:1-10. Published on April 2024
Abstract
Climate change is increasingly recognized as a significant driver of human displacement, leading to the emergence of “climate refugees.” This term, while not yet formally acknowledged under international law, describes individuals compelled to leave their homes due to environmental factors such as rising sea levels, extreme weather events, and long-term ecological changes. This paper examines the condition of climate refugees from an international environmental law perspective, focusing on their individual and social rights. It explores the current legal frameworks addressing human rights and environmental protection, identifying gaps and challenges in ensuring adequate protection for climate refugees. The analysis includes a review of international treaties, conventions, and agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, and the 1951 Refugee Convention. Additionally, the paper discusses the role of international organizations, states, and non-governmental entities in addressing the plight of climate refugees. Through a comprehensive examination of legal instruments and case studies, this paper aims to propose potential legal and policy solutions to enhance the protection and recognition of climate refugees’ rights on both individual and social levels.
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Assessing the Normative Value and Implementation Challenges of the Sustainable Development Goals in International Environmental Law
Vol.1(1); Pages:11-18. Published on May 2024
Abstract
The Sustainable Development Goals (SDGs), adopted by the United Nations in 2015, represent a comprehensive framework aimed at fostering global sustainability, addressing poverty, inequality, climate change, environmental degradation, and peace. This paper explores the normative value of the SDGs within the context of international environmental law and identifies key challenges associated with their implementation. It critically examines how the SDGs integrate with existing international legal frameworks, assessing their effectiveness in influencing policy and legal reforms. The study highlights the alignment of the SDGs with the principles of international environmental law, such as sustainability, intergenerational equity, and the precautionary principle. It also addresses the discrepancies between aspirational goals and practical realities, including issues related to financial constraints, political will, enforcement mechanisms, and the varying capacities of states to implement the goals. By analyzing case studies and recent developments in international environmental law, the paper offers insights into strategies for enhancing the normative impact of the SDGs and overcoming implementation barriers. The findings underscore the need for coordinated global efforts and innovative approaches to achieve the SDGs and advance environmental sustainability on a global scale.
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Environmental Protection through Criminal Law: Practical Parallelism Between Directive 2008/99/EC and Albanian Criminal Law
Vol.1(1); Pages:19-26. Published on May 2024
Abstract
Climate change is increasingly recognized as a significant driver of human displacement, leading to the emergence of “climate refugees.” This term, while not yet formally acknowledged under international law, describes individuals compelled to leave their homes due to environmental factors such as rising sea levels, extreme weather events, and long-term ecological changes. This paper examines the condition of climate refugees from an international environmental law perspective, focusing on their individual and social rights. It explores the current legal frameworks addressing human rights and environmental protection, identifying gaps and challenges in ensuring adequate protection for climate refugees. The analysis includes a review of international treaties, conventions, and agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, and the 1951 Refugee Convention. Additionally, the paper discusses the role of international organizations, states, and non-governmental entities in addressing the plight of climate refugees. Through a comprehensive examination of legal instruments and case studies, this paper aims to propose potential legal and policy solutions to enhance the protection and recognition of climate refugees’ rights on both individual and social levels.
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Evaluating the Effectiveness of Environmental Law: Key Evidence and Insights
Vol.1(1); Pages:27-35. Published on June 2024
Abstract
Environmental law plays a crucial role in addressing global environmental challenges by establishing regulatory frameworks designed to protect natural resources, mitigate pollution, and promote sustainable development. This paper provides a comprehensive evaluation of the effectiveness of environmental law by examining key evidence from various case studies, empirical research, and policy analyses. The analysis highlights the successes and limitations of existing legal mechanisms, exploring factors such as enforcement, compliance, and the adaptability of laws to evolving environmental threats. Furthermore, the paper investigates the role of international agreements, national legislation, and local regulations in shaping environmental outcomes. It also considers the influence of socioeconomic, political, and cultural contexts on the implementation and efficacy of environmental laws. The findings underscore the importance of robust legal frameworks, active enforcement, and community engagement in achieving environmental objectives. Recommendations for enhancing the effectiveness of environmental law include strengthening international cooperation, improving monitoring and compliance mechanisms, and fostering public participation in environmental governance. This paper aims to contribute to the ongoing discourse on environmental law by providing insights and evidence-based strategies to improve its impact and effectiveness in addressing current and future environmental challenges.
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Examining the Nexus of Global Legal Frameworks and Environmental Justice
Vol.1(1); Pages:36-42. Published on June 2024
Abstract
The symposium titled “Examining the Nexus of Global Legal Frameworks and Environmental Justice” delves into the intricate relationship between international legal systems and environmental protection. As the global community grapples with unprecedented environmental challenges, this symposium seeks to critically assess how global legal frameworks address, or fail to address, issues of environmental justice. We will explore how various international treaties, agreements, and legal mechanisms contribute to or hinder efforts to achieve equitable environmental outcomes. The discussion will highlight the role of global governance structures, the impact of multinational corporations, and the influence of non-state actors in shaping environmental policies. Additionally, the symposium will examine case studies from different regions to illustrate the successes and shortcomings of global environmental law in promoting justice and sustainability. By bringing together scholars, practitioners, and policymakers, the symposium aims to foster a deeper understanding of how global legal frameworks can be reformed to better serve both people and the planet, ensuring that environmental benefits and burdens are distributed fairly across all communities.
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