Description
Book SynopsisThis study deepens our historical understanding of the North-African Jewish and Middle Eastern Jewish experience during WWII, which is often under- or mis-represented by the media in Israel, the Arab world, France, and Italy. Public, historical and sociocultural discourse is examined to clarify whether these communities are accepted by the world as "Holocaust survivors". Further, it determines the extent to which their wartime history is revealed to Israeli society in its cultural performances. Importantly, this work addresses the reasons why the Holocaust of North African Jewry is absent from Israeli and world consciousness. Finally, the study contemplates the consequences of these phenomena for Israeli society as well as in the colonial countries of France and Italy. "In addition to using academic resources, Golan captures this history from the margins by utilizing audio-visual and artistic media in addition to evidence recorded on community heritage websites, Facebook, and other online social networks. Golan’s book demonstrates that there is a moral imperative to preserve and transmit these memories of persecution and discrimination..." -David B Levy, Touro College, NYC, Association of Jewish Libraries News and Reviews 1.2 (2019)
Trade Review"Yvonne Kozlovsky Golan’s book, Site of Amnesia, enriches our understanding, expands the possibilities for new research, and provides insight into how this unique aspect of the war was addressed and commemorated in film and television over the years." - Haim Saadoun, The Open University of Israel, in Antisemitism Studies 6.1 (2022)
Table of ContentsPreface and Acknowledgements Introduction 1 Origins and Description of Multilateral Development Banks’ Sanctions Regimes Introduction 1 Origins of Multilateral Development Banks’ Sanctions Regime A Federal Acquisition Regulation (far) (i) Causes for Debarment (ii) Suspension (iii) Debarment Procedures (iv) Judicial Review and Due Process Rights B Evolution of the World Bank Group’s Sanctions System (i) First Sanctions Regime (ii) The Thornburgh Report (iii) Expansion of Sanctions Regime beyond Procurement and Launch of the Voluntary Disclosure Programme (iv) Early Harmonisation Efforts with Other mdbs 2 Description of Multilateral Development Banks’ Sanctions Regimes A World Bank Group’s Sanctions Regime (i) Two-Step Decision-Making Process (ii) Range of Possible Sanctions (iii) Settlements B Inter-American Development Bank’s Sanctions Regime (i) Early Developments and the Thornburgh Report (ii) Two-Step Decision-Making Process (iii) Range of Possible Sanctions (iv) Settlements C European Bank for Reconstruction and Development’s Sanctions Regime (i) Early Developments (ii) Two-Step Decision-Making Process (iii) Range of Possible Sanctions (iv) Settlements D African Development Bank’s Sanctions Regime (i) Early Developments (ii) Two-Step Decision-Making Process (iii) Range of Possible Sanctions (iv) Settlements E Asian Development Bank’s Sanctions Regime (i) Early Developments (ii) Two-Step Decision-Making Process (iii) Range of Possible Sanctions 3 Comparison of Multilateral Development Banks’ Sanctions Regimes and the Cross-Debarment Regime A Comparison of Multilateral Development Banks’ Sanctions Regimes B Cross-Debarment Regime Conclusion 2 Judicial Review Standards Introduction 1 Judicial Review Standards in the uk A Bases for Judicial Review B Required Procedures (i) Notice (ii) Right to Make Representations: Written or Oral Proceedings? (iii) Right to Call and Cross-Examine Witnesses (iv) Right to Legal Representation (v) Failure to give Reasons for the Final Decision 2 Judicial Review Standards in the US A Bases for Judicial Review B Required Procedures Conclusion 3 Accountability of International Organisations Introduction 1 Basis of International Organisations’ Immunities 2 Case Law A US Courts B UK Courts C Italian Courts D French Courts E Belgian Courts F Human Rights Dimension and the echr Conclusion 4 What Legal Principles Should Form the basis of mdbs’ Sanctions Regimes? Introduction 1 Customary Law and General Principles 2 Global Administrative Law 3 Article 6(1) of the European Convention on Human Rights A Civil Rights B Hearing C Independent and Impartial Tribunal 4 Public Judgment/Reasoning of Judicial Decisions (i) Fair Trial 5 Jurisprudence of Multilateral Development Banks’ Administrative Tribunals A Discovery Rights B Oral Hearings and Witnesses C Publication of Decisions D Composition of Administrative Tribunals (i) wbat (ii) UN Appeals Tribunal (iii) imf Administrative Tribunal Conclusion 5 Due Process Standards in Multilateral Development Banks’ Sanctions Regimes Introduction 1 Discovery Rights A Permissive Approach and Production of Documents B Experts’ Reports and Assessment of Evidence C Witnesses and Oral Hearings 2 Publication of Decisions 3 Referral to National Authorities 4 Composition of Sanctions Boards A Sanctions Board Members’ Independence and Impartiality B Appointment of Sanctions Board Members 5 Range of Sanctions and their Proportionality to the Wrongdoing 6 Baseline Sanction 7 Restitution 8 Settlements Conclusion 6 Treatment of Corporate Groups under Multilateral Development Banks’ Sanctions Regimes Introductionv 1 Overview of the Harmonized Principles on Treatment of Corporate Groups 2 Liability of a Company for its Employees’ Wrongdoings A US Law B UK Law C Application of the Foregoing Principles to mdbs’ Sanctions Procedures 3 Liability of a Parent for its Subsidiaries’ Wrongdoings A US Law (i) General Approach (ii) Criminal Liability, Including fcpa (iii) Proposals for Reforms of the US System B UK Law (i) General Approach (ii) Criminal Liability, Including UK Bribery Act C Application of the Foregoing Principles to mdbs’ Sanctions Procedures 4 Liability of a Subsidiary for its Parent’s Wrongdoings A US and EU Sanctions Regimes B Application of the Foregoing Principles to mdbs’ Sanctions Procedures 5 Successor Liability A US Law B UK Law C Application of the Foregoing Principles to mdbs’ Sanctions Procedures Conclusion 7 Conclusion and Way Forward Bibliography Index
