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Mindua A: Congolese Genocides and
International Criminal Law

Congolese Genocides and International Criminal Law

Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance.

The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis? I. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro.

Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

Constitutional Democracy in Crisis? II

From 1974 to 2003, New Orleans had one man serve as its district attorney: Harry Connick Sr. That same time span marked a period of sharply rising incarceration rates and changing opinions about law and order, both locally and nationally. Louisiana in particular eventually gained the reputation of being the country's most incarcerated state; New Orleans, as its biggest city, bore much of the responsibility for earning it that designation. Connick was known for his tough-on-crime approach to prosecution, forcefully employing old and new legal strategies to send droves of defendants to jail and prison, often for as long as possible. 	 	 	Connick was popular enough with voters to be re-elected four times, a long tenure that is particularly notable given the increase in Black political presence and power in New Orleans during that time. His multiple re-elections were evidence that enough of the city's Black voters supported his policies to keep him as DA, even when he faced spirited opposition from Black candidates who tried to show constituents how Connick had failed them. However, by the time of his retirement in 2003, Connick's reputation had begun to suffer as revelations of shocking prosecutorial misconduct in his office emerged. Over the past twenty years, those revelations have only increased in number and scope. Connick, now deceased, has left a fractured legacy whose reverberations continue to be felt in New Orleans. 	 	 	Susan Penman's Uncertain Justice shows what Connick's office was like during the decades he was in power: how it was situated politically, what steps it took to curb crime at a time when so many New Orleanians were concerned about violence, and what locals perceived about how it functioned—and in turn how they either supported or questioned Connick's policies. Penman demonstrates the vast influence a district attorney possesses and how that influence manifests locally through legislation, office practices, and political sway. Uncertain Justice sits at the nexus of carceral studies and history by exploring how one man, at the helm of a very powerful office, navigated shifting political currents and exercised immense authority throughout many crucial years.

Harry Connick Sr., Politics, and Prosecution in New Orleans

Uncertain Justice

This book provides the first in-depth study of the crime of bigamy from the 17th century to the present day. Between 1604 and 2024, around 30,000 individuals were prosecuted for bigamy in England and Wales. A few were able to establish a defence to the charge, but most were convicted. How they were punished varied hugely across the centuries - from execution, branding, whipping, transportation, and imprisonment through to fines and community service. Double Trouble details the legal framework that underpinned such prosecutions. As a companion volume to Double Lives: Stories of Bigamy in England and Wales, 1604-2024, it sets the offence in the context of the changing laws on marriage and divorce, and examines the consequences of bigamy for those involved, including the remedies that were available to the often-deceived second spouse. Drawing on a wide array of sources from the 17th century to the present day, including formal law reports, legal treatises, newspapers, censuses, parish registers, divorce petitions and Parliamentary debates, this book shows how bigamy should be taken seriously as an offence that all too often involved deception, abandonment and heartbreak.

Bigamy and the Law in England and Wales, 1604-2024

Double Trouble

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day. A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice? These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604-2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take - accidental, consensual, deceptive or exploitative - and how bigamists' stories in turn helped to shape the law. Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

A Festschrift for Rob Cryer

The Character of International Law

Modern Studies in European Law

This book clarifies all legal aspects of the good neighbourliness principle in international and EU law. It elaborates on the most acute infringements of the principle of good neighbourliness in both international relations and EU enlargement policy. Taking a two-part approach, it offers the international law and EU law perspectives. Over five chapters, it sets out the legal framework and the practical application of the principle, before setting out conclusions on the effectiveness of that application. Given the current focus on enlargement and accession to the EU this is a timely and topical study in an under-researched field.

The Principle of Good Neighbourliness in International Law and EU Law

Contemporary Studies in Corporate Law

Many attempts have been made to reduce the harms caused by business and to make companies become socially responsible. This book approaches the subject from a new perspective arguing that reflexive law offers the best means to align the interests of large companies with those of society and that recent developments in European company law fit a reflexive model. A reflexive company law, rather than trying to directly regulate companies, aims to affect internal decision-making processes to make companies responsive to outside interests and prevent them from operating as closed systems singularly focused on shareholder value. In this vein, the EU has recently imposed new obligations on companies to develop corporate sustainability reporting and due diligence processes as part of its objective to create a climate-neutral and sustainable economy. This book presents an argument for how the 'societal company' - a company that has an internal culture of transnational responsibility to do no harm but that retains the autonomy necessary to be economically productive - can be established through reflexive law. The book will appeal to researchers, policy makers and lawyers interested in corporate sustainability, regulatory theory, company law and EU law.

Sustainability, Shareholder Value, and European Company Law

The Societal Company

This open access book brings together leading European labour law scholars to explore how workers' representatives' rights are evolving in the context of the digital transformation of work. Rooted in EU and national legal frameworks, the book examines how information and consultation (I&amp;C) rights must adapt to the challenges posed by platform work, algorithmic management, cross-border telework, and digitalisation more broadly. Structured around 4 key themes-Who is entitled to I&amp;C rights; Where these rights apply in transnational and virtual workplaces; How they are exercised in the context of AI, occupational safety, and industrial democracy; and What new rights are emerging in response to digital risks-the book offers a comprehensive and comparative analysis of labour law in the digital age. It pays particular attention to the role of workers' representatives in shaping and implementing emerging rights such as the right to disconnect. Drawing on the findings of the DIGILARE research project (EU grant 101126503), the volume provides actionable legal and policy insights for EU institutions, national lawmakers, social partners, and practitioners. It proposes reforms to strengthen democratic participation, enhance transparency in algorithmic decision-making, and safeguard workers' autonomy in increasingly fragmented and remote work environments. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

EU Legal Perspectives

Information and Consultation Rights in the Digital Workplace

This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.

Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault

This volume provides a comprehensive legal examination of BIMSTEC’s evolving institutional framework, critically analyzing its role in fostering regional cooperation and partnership in alignment with SDG17. The book explores how legal frameworks can serve as mechanisms for strengthening regional integration, enhancing policy coherence, and promoting multi-stakeholder partnerships across BIMSTEC member states. By engaging with legal scholarship and comparative regional models, it evaluates how BIMSTEC can facilitate cross-border trade, investment, and regulatory harmonisation to create a more interconnected and resilient economic bloc. The chapters collectively address the legal dimensions of SDG 17 by examining BIMSTEC’s potential in fostering public-private partnerships, improving regional governance structures, and establishing inclusive legal frameworks for sustainable development. Key themes include legal mechanisms for trade and investment integration, transnational crime cooperation, refugee governance, environmental stewardship, etc. The volume further delves into sector-specific legal reforms that can enhance institutional collaboration and knowledge-sharing within the BIMSTEC framework, drawing lessons from other regional organizations such as ASEAN and the EU.
With contributions from leading legal scholars, policymakers, and jurists, this book is an essential resource for those engaged in international law, regional governance, and sustainable development. By centering its analysis on SDG 17, it offers actionable legal insights into how BIMSTEC can strengthen institutional partnerships, advance collective decision-making, and reinforce the legal infrastructure necessary for achieving long-term regional cooperation.

Pathways to Sustainable Development and Regional Cooperation

Legal Reforms in BIMSTEC Member-States

Maritime and Transport Law Library

Responsibility Accountability Maritime Law examines the phenomenon of criminalisation which confronts the Master in their professional conduct, both in terms of Flag State and Port State rights and obligations. The fault lines of criminalisation, which go to the heart of the question, demand an understanding of how the concept of criminal justice has evolved to impose accountability on the Master, in circumstances which had not been crimes before.Since this book was first published, the maritime world has changed dramatically, requiring a new understanding of responsibility and accountability before the Master can make rational decisions to respond to the risk of criminalisation. While the basic theory of accountability for criminalisation and the sources of law provide the foundation, this second edition presents a new introduction to summarise the necessity for changes in structure in order to define the pre-existing law with which the Master must comply, acknowledging the re-emergence of risk in the Gulf in 2026, and the foreseeable emergence of risk in the Arctic as geopolitical pressures create uncertainty as to who will assert jurisdictional control in the management of merchant shipping in this region. The Sources of Law chapter has been expanded to address risk management in the context of current geopolitical turmoil, balancing company commitments with the safety of the ship and crew. New content includes detention of Masters and crew, the International Convention on Arrest of Ships, universal jurisdiction, and relevant case studies such as the M/T Heroic Idun.The book's format meets the needs of lawyers, academics and maritime professionals, with the aim of analysing the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions.The book is directly relevant to a broad range of parties which includes lawyers, academics, P &amp; I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.The current law and cases have been verified up to June 2026.

Criminalisation of the Ship’s Master

Responsibility and Accountability in Maritime Law

Congolese Genocides and International Criminal Law

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