The Economic Accomplices to the Argentine Dictatorship :Outstanding Debts

Publication subTitle :Outstanding Debts

Author: Horacio Verbitsky; Juan Pablo Bohoslavsky  

Publisher: Cambridge University Press‎

Publication year: 2015

E-ISBN: 9781316420119

P-ISBN(Paperback): 9781107114197

Subject: D91 Legal departments

Keyword: 法学各部门

Language: ENG

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The Economic Accomplices to the Argentine Dictatorship

Description

Much has been written on the Argentine dictatorship and the transitional justice movement that brought its members to justice. However there has been no study to date of the economic accomplices to this dictatorship and the recent advancements in Argentina towards holding these actors accountable. What was the role of banks, companies, and individuals in perpetuating a murderous regime? To what extent should they be held responsible? As the first academic study on economic complicity in Argentina, this book attempts to answer these questions. Renowned human rights scholars investigate the role played by such actors as Ford, Mercedes Benz, the press, foreign banks, and even the Catholic Church. Across numerous case studies, the authors make a compelling argument for the legal responsibility of economic accomplices. A groundbreaking interdisciplinary study, this book will be essential to anyone interested in transitional justice, business, and human rights.

Chapter

1 Why Was the Economic Dimension Missing for So Long in Transitional Justice? An Exploratory Essay

Early TJ Efforts and the Focus on Basic Integrity Rights

Is the Panorama Changing, and If so, Why?

2 Accountability for Corporate Complicity in Human Rights Violations: Argentina’s Transitional Justice Innovation?

Transitional Justice and Corporate Complicity: Why and When

Transitional Justice and Corporate Complicity: Where and How

Explaining Transitional Justice and Corporate Complicity

Direct Complicity in Criminal Violence

Labor Law Violations

Financing Repression

Illegal Business

Conclusion: Argentina as TJ and Corporate Complicity Innovator or Loner

Part II Theoretical Framework and International Dimension

3 Economic Ideas and Power during the Dictatorship

Prehistory of Argentine Liberalism

Liberalism against Power: The Role of Intellectual Weapons in Instigating the Coup

Liberalism in Power: Projects in Tension in the Labyrinths of the Process

The Neoliberal Experiment of December 1978: New Conventions for the Great Transformation

Conclusion: Ideas and the Paradoxes of Victory

4 Foreign Powers, Economic Support, and Geopolitics

The Cold War

Latin America and the United States

The National Security Doctrine

The 1976 Coup d’État

Conclusions

Part III The Macroeconomics of the Dictatorship

5 The Legacy of the Dictatorship: The New Pattern of Capital Accumulation...

Introduction

Background: The Second Stage of Import Substitution

The Income Redistribution and Economic Policies of the Military Dictatorship

Financial Valorization: The New Capital Accumulation Pattern Imposed by the Military Dictatorship

Final Considerations

6 Public Finances

Introduction

Public Finances in the Orthodox Adjustment Stage

The “Exchange Anchor” Stage

Managing the Crisis and Public Finances

The Legacy of the Dictatorship

7 Complicity of the Lenders

Financial Complicity: A Rational and Holistic Analysis

The Argentine Case: External Financial Aid

Purchasing Loyalties

More Resources for Repression

The Actions of the United States Government and (the Withholding of) Financial Aid

Conclusions and Prospects of Accountability for Financial Complicity

Part IV Complicity and the Law

8 Corporate Complicity and Legal Accountability: Report of the International Commission of Jurists

9 Corporate Responsibility for Complicity: International and Local Perspectives

Two Key Questions

Is It Unlawful to Contribute Economically to a Criminal Regime?

International Law

Domestic Law

Civil Responsibility Requirements

Corporate Contribution and the Causal Link

The Relevance of Context

The Subjective Element

Compensable Damages

Conclusions

10 Statute of Limitations in Actions for Complicity

Spheres of Responsibility and the Challenge of the Passage of Time

Statutory Limitations Today

The Discussions in Argentine Jurisprudence

The Debate in Comparative Jurisprudence

Some Problems of Argentine Jurisprudence in Light of International Standards

Final Reflections

Postscript

Part V Company-Ordered Disappearances

11 The Cases of Ford and Mercedes Benz

The Case of Ford Motor Argentina

The Case of Mercedes Benz

Conclusions

Latest Judicial Developments

12 Acindar and Techint: Extreme Militarization of Labor Relations

The Companies and their Players in Historical Perspective

Repression of Workers in and for the Benefit of Companies

13 Between Historical Analysis and Legal Responsibility: The Ledesma Case

The Long Process of Judicial Proceedings

Considering Corporate Responsibility from the Perspective of the Ledesma Case

The State and Ledesma

The Sugar Mill/State

The Gendarmerie

Labor Movement, Repression, and Economic Project of the Last Dictatorship

The Meaning of Justice in the Economic Responsibility Trials

14 Contributions to the Analysis of the Role of Labor Leadership in Worker Repression in the 1970s

Introduction

The SMATA Córdoba Division

The Cases of Ford and Mercedes Benz

Top Union Leadership and Dictatorship: Elements for a Discussion of the “Social Consensus” View

15 Suppression of Workers Rights

Amendments to the Employment Contract Act

Conclusions

Part VI Industrial and Agricultural Business Associations

16 Industrial Economic Power as Promoter and Beneficiary of Argentina’s Refounding Project (1976–1983)

The Refoundational Nature of the Military Dictatorship and the Support of Economic Power

The Growing Concentration and Centralization of Capital and the Redefinition of Economic Power in Industry

Conclusions

17 The Complicity of Agricultural Business Chambers

Part VII Illegal Appropriation of Companies

18 Organized Pillaging

19 The National Securities Commission and the Assault on “Economic Subversion”

Head of Intelligence

Mapping the Victims

20 The Papel Prensa Case: Notes for a Study

The Context of the Times

The Appropriation

Toward a Conclusive Investigation into the Facts

Part VIII A Range of Generous and Interested Supports

21 The Media: Unified Discourse and Business Deals under Cover of State Terrorism

A New Legal and Political Order

Economic Relations

The IACHR Mission

The Broadcasting Act

Papel Prensa

Malvinas/Falklands

Statements, Editorials, and Other Paradigmatic Expressions

22 The Price of the Church’s Blessing

The Doctrine of Extermination

From Concealment to Involvement

Education and Social Control

Contributions with an Agenda

Breakdown of Positions

Real Estate

A Matter of Responsibility

Conclusions

23 The Hidden Italy Connection

P-2 in Argentina

An Esoteric Link

Common Projects

Politics and Business

Contracts and Human Rights

24 The Lawyers: From Repression to Neoliberalism

The Buenos Aires City Bar

FORES

The Partners of Foreign Capital

Conclusion

In Search of the Truth

Promoting Justice

Forging Memory

Compensating Damages

Institutional Reforms for Non-Repetition

Realpolitik: Responsibility for Complicity and Economic Policy

Index

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