Edited by Mark Williams
This chapter seeks to consider and compare the cartel penalty regimes of the US, EU, China and Australia. The underlying policy objectives of cartel penalties are analysed and the approaches of different jurisdictions in seeking disgorgement of unlawful profits, and the imposition of civil and criminal penalties on firms and individuals is assessed. Policy makers appear sometimes to be confused as to the policy objectives they seek to achieve and the tools they employ to achieve those outcomes. Deterrence, punishment and restitution are the three primary goals of cartel penalty policy but often the tools and remedies employed by enforcement agencies and the courts are not necessarily optimal to achieve one or more of these goals. The chapter considers, in particular, the imposition of criminal sanctions on firms and individuals and whether the theoretical and practical difficulties of criminal prosecution justify the deterrent or punishment objective achieved or whether civil personal liability in terms of director disqualification and liability to civil claims could be more effective in achieving a reduction in cartel activity.
R. Mark Isaac, James M. Walker and Arlington W. Williams
Colin Summerhayes, Jan Zalasiewicz, Davor Vidas and Mark Williams
The Antarctic and the Arctic are among the fastest changing areas on the Earth, particularly as a consequence of anthropogenic climate change. The physiographic changes are likely to continue increasing, not least owing to lags in the climate system: even if emissions of greenhouse gases were to cease suddenly, it would take hundreds of years for ongoing sea-level rise to equilibrate with temperature rise. Seen against the background of the Earth’s geological history, a new context for the Arctic and the Antarctic is emerging, especially regarding the pattern and rate of ice mass loss and changes expected in the rest of the twenty-first century. This horizon of changes is politically relevant, with implications for Arctic and Antarctic legal regimes. Interconnecting the ‘global’ with the ‘polar’ on the background of changing Earth System conditions will become a vital task for both policy-makers and international law scholars in the decades to come.
Mark N.K. Saunders, Paul Tosey, Claire Jones and Christine S. Williams
In this chapter we consider the use and practical value of STEP, the Service Template Extended Process, to support applied HRD research in collaboration with practitioners. Used through a process consultation framework, STEP can surface values and underlying assumptions, thereby enabling both single and double-loop learning.