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The introductory chapter lays out the core research questions and maps out persistent gaps in knowledge, particularly when it comes to: (1) comparative work on memory and public amnesia; (2) a dynamic understanding of how war-to-peace transitions shape memory regimes differently and over time; and (3) a regional approach to memory/amnesia. In other words, are there different ‘paths to forgetting’? And do memory regimes evolve in line with the changing nature of political regimes? To this effect, three cases are chosen for an in-depth exploration: a context of victor’s peace exemplified by Rwanda; a power-sharing deal exemplified here by Burundi; and finally a non-transition/ongoing confrontation exemplified by Kenya and the War on Terror in East Africa. From a comparative perspective, the book explores three distinct cases of both violence and transition: a genocide coupled with civil war and rebel victory in Rwanda, civil war and power-sharing in Burundi, and a transnational confrontation with a non-state actor in the context in Kenya. The chapter then outlines its methodology and offers a chapter-by-chapter overview of the book.
This chapter begins by elaborating on the concept of a dispute, before providing a historical perspective on the evolution of the requirement to settle disputes peacefully. The chapter then explores diplomatic and legal methods of dispute settlement. Diplomatic forms of dispute settlement (also known as political or non-legal forms of dispute settlement) include negotiation, mediation, inquiry, and conciliation. Legal forms of dispute settlement include arbitration and adjudication. Resort by states to dispute settlement procedures, and in particular legal methods of dispute settlement, has grown exponentially in the last decades. Since the 1990s, the International Court of Justice has had an increasingly active docket of cases; in addition, the Permanent Court of Arbitration has undergone a sort of renaissance. The focus of this chapter is on the settlement of inter-state disputes, as opposed to disputes between states and non-state actors or between non-state actors.
This paper offers a systematic and interdisciplinary analysis of contemporary work on memory externalization, with a particular focus on how technological systems are integrated into human mnemonic practices. Drawing on the frameworks of extended cognition (EXT), the article examines how a wide range of digital technologies participate in memory processes. The paper provides a structured review of how three forms of declarative memory – semantic, episodic, and prospective – are differentially externalized through technological environments. While existing literature often discusses ‘external memory’ in general terms, it rarely distinguishes between the specific functions involved, leading to conceptual imprecision. Addressing this gap, the article develops a refined conceptual taxonomy of memory externalization. Its central contribution is the distinction between two fundamentally different externalization strategies. Cognitive offloading refers to the delegation of information to external systems in order to reduce internal cognitive load. Biloading, by contrast, refers to a strategy of redundancy in which internal and external resources jointly support memory, not by replacement but by reinforcement, enhancing reliability, well-being, autonomy, construction of narrative identity. By clarifying these distinct modes of externalization, the paper shows that memory externalization is not a uniform phenomenon but a complex pattern of cognitive delegation and coordination between neural and technological resources. This conceptual framework offers a more fine-grained understanding of how external resources, such as technology, are integrated into mnemonic processes. The article argues that this taxonomy provides a significant contribution to the contemporary philosophy of memory and opens new avenues for empirical and philosophical research on technologically EXT.
International economic law is a field of public international law that regulates cross-border transactions in goods, services, and capital, as well as monetary relations between states. This chapter focuses on the branches of international economic law that govern international trade, international investment, and international monetary law. This chapter sets out the historical background, fundamental rules, and dispute settlement systems in the areas of international trade law and international investment law, and it concludes by introducing international monetary law. International trade and international investment law share some fundamental principles, such as non-discrimination, although most favoured nation treatment and national treatment take somewhat different forms in the two bodies of law. This chapter covers the Bretton Woods institutions, namely the World Bank and the International Monetary Fund (IMF), as well as the World Trade Organization (WTO).
This chapter investigates the implications of rebel victory for the memory regime, looking at a case study of Rwanda. The chapter finds that victor’s justice extends to the realms of memory and shapes a distinct militant memocracy regime – an active shaping and policing of boundaries of memory, and the suppression of competing narratives, memory acts and memory spaces. Victor’s memory leaves a complex material imprint, defined by both intense memorialisation and multilayered erasures. The chapter also introduces the concepts of transnational rectification and memory erasure.
Government guidance published during the COVID-19 pandemic implied that employers owe a duty to protect their employees from the risk of infectious disease in the workplace. That employers owe a duty in respect of occupational disease – including occupational infectious disease – is well established. However, there is no authority to support the proposition that the employer’s duty extends to include infectious diseases in general circulation in the community (e.g. COVID-19, flu, measles). The Government’s guidance was therefore based on a misunderstanding of employers’ liability. This article argues that infectious diseases in general circulation are, and should remain, beyond the scope of the employer’s duty in English law.
This chapter introduces the three different manifestations of jurisdiction: enforcement jurisdiction, prescriptive jurisdiction, and adjudicative jurisdiction. The chapter focuses on the extent to which states may exercise jurisdiction in relation to persons, property, and acts that are outside of (or partially outside of) their own territory. With respect to prescriptive jurisdiction, the chapter introduces five different principles that are used to justify the extra-territorial application of legislation: the territoriality principle, the nationality principle, the personality principle, the protective principle, and the universality principle.
This chapter investigates the implications of a power-sharing deal for the memory regime, looking at the case study of Burundi. In Burundi, we witness a ‘clash of paradigms’ whereby power-sharing undermines meaningful attempts at transitional justice. The chapter shows that this translates to the realm of memory, producing a coalition of oblivion, and that this results in variegated forms of memory displacement and erasure. The chapter looks at three sites of violence in Burundi to explore the everyday struggles with rectification, the undignified treatment of remains, and threatened memory erasure. It also demonstrates that the memory regime changes alongside and in line with the changing political regime, and shows how an increase in the power of the dominant political party shifted the memory regime towards selective recognition.
This chapter begins with the foundations and the history of international humanitarian law before discussing the scope of its application and the law governing the conduct of hostilities, namely the means and methods of warfare. The final sections discuss the law governing the protection of persons during armed conflict and the implementation and enforcement of international humanitarian law. In introducing international humanitarian law, this chapter focuses on the four Geneva Conventions of 1949 and the Additional Protocols of 1977.
This chapter introduces jus ad bellum: the rules of law determining when states may resort to war or, more broadly, the use of armed force. In order to put the current jus ad bellum rules into perspective, the chapter begins by introducing the concept of collective security and demonstrating how this was applied during the League of Nations era. The following sections set out the relevant rules of the UN Charter on the prevention and regulation of recourse to the use of force, with a particular focus on the prohibition on the threat or use of force. The chapter also discusses the collective use of force, meaning the use of force authorized by the Security Council, and the unilateral use of force in self-defence. Finally, the chapter examines whether new exceptions to the prohibition of the use of force are emerging, in particular humanitarian interventions and the responsibility to protect.
This article investigates selected contradictory procedural arrangements in France and Poland to establish how they can all operate under the same European rule-of-law standards. Building on the theoretical framework of procedural formalism and on the Polish and French highest administrative courts’ case law on the procedural question of whether court staff can produce certain documents and copies thereof in place of a party to court administrative proceedings, the authors portray diversified, and sometimes even contradictory, approaches to procedural formalism, which testifies to inconsistent understanding and implementation of rule-of-law standards in proceedings before administrative courts in both countries.
In the digital age, the proliferation of illegal content online remains a significant public concern for which no ideal solution has yet been found. In recent years, the European Union (EU) has developed a complex legal framework that relies on social media companies to implement both EU and Member State laws in addressing the issue. This paper examines this development through the lens of regulation studies, showing how the EU is mandating social media companies to act as regulatory intermediaries. On this basis, it argues that the EU is institutionalising the content moderation processes created by these companies, effectively integrating them into the legal enforcement landscape. The paper highlights how this institutionalisation raises important questions about the tension between the self-interest of private actors and the public interest in combating illegal content online. It further underlines how, by adopting such a legal framework, the EU continues to pursue governance frameworks grounded in market-based principles. From this perspective, the paper makes two main contributions to the literature on digital law in the EU. First, at a conceptual level, it demonstrates the value of regulation studies as a lens for interpreting recent legal developments. Second, from a critical standpoint, it questions the EU’s legal framework in light of the tension between companies’ self-interest and their intermediation mandate, as well as the persistence of market-based governance approaches within the EU. The paper also contributes to the literature on regulation studies by proposing a new case study of regulatory intermediation in the digital context.
Constitutional theory remains obsessed with high-profile constitutional decision-makers, but front-end constitutional actors that provide key support and advice to decision-makers also help protect and defend constitutions. This paper profiles a group of front-end constitutional actors that I call ‘the influencers’, which is composed of: statutory drafters, permanent secretaries, government lawyers, and house officials. After detailing the roles and responsibilities of these actors, I then look at how they influence frontline decision-makers. Next, I examine the perspectives, values, and mentalities that the influencers operate on, all of which are key to further understanding these constitutional actors. This exploration into the influencers contains significant implications for the UK constitution, such as: disregarding influencer advice can often boil over; back-end constitutional actors are not the sole preservers of the rule of law; and front-end actors may help fill a decisive scrutiny gap regarding legislation. The influencers also contain implications for constitutional theory, in that they challenge some typical narratives found in constitutional scholarship, and they can also significantly impact constitutional success (or failure). Ultimately, deeper insight into the influencers can help us understand how to better protect and defend constitutions on the front-end.
The enforcement priorities set by competition authorities carry significant socio-economic consequences: their decisions affect market structures, determine what constitutes legitimate business conduct, and influence how economic power and welfare are distributed. Yet, in most jurisdictions, priority-setting remains a largely reactive, insulated process, guided by a narrowly defined consumer welfare standard and disconnected from wider social, economic, and democratic concerns. Consequently, the benefits of enforcement, such as correcting market failures or enhancing consumer savings, are often unevenly distributed among members of society, and without specific accountability to the broader public. This issue is particularly pressing today, in a turbulent world shaped by geopolitics, geoeconomics, the politicisation of competition law and regulation, and growing pressure to deliver rapid and efficient results. By relying on insights from the theory of responsive regulation, social accountability of independent regulatory authorities, and deliberative and participatory governance models, the paper investigates how priority-setting can be theoretically rethought and practically restructured to be more responsive, strategic, and socially accountable to broader concerns. Our proposed approach remains within the scope of competition authorities’ administrative discretion and does not entail changes to the current substantive, procedural, or institutional frameworks.