Normative Spaces And Legal Dynamics In Africa

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Normative Spaces And Legal Dynamics In Africa
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Author : Katrin Seidel
language : en
Publisher: Routledge
Release Date : 2020-06-09
Normative Spaces And Legal Dynamics In Africa written by Katrin Seidel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Law categories.
African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.
Internationalised Constitution Making And State Formation
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Author : Katrin Seidel
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-31
Internationalised Constitution Making And State Formation written by Katrin Seidel and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-31 with Law categories.
This book presents an in-depth and nuanced interdisciplinary and comparative analysis of (post-)conflict constitution-making in South Sudan and Somaliland, exploring the ways in which the two emerging states negotiate statehood in a globalised world. It critically examines the transfer of international constitution-making models as part of international rule of law promotion frameworks. Specific emphasis is placed on the socio-cultural translation dynamics of these models in conflict settings. The comparative study explores the tensions between state sovereignty and international interventions, examining whether international constitution-making involvement fosters the production of societal consensus or inadvertently impedes efforts to achieve stability and peace. By focusing on constitutional law-making, the book sheds light on how normative ideas are transformed in negotiations and opens up new analytical avenues for re-thinking conventional constitution-making practices. It critically reconsiders the assumption that every emerging state requires a written constitution, alongside the state-centred notion of sovereignty underpinning this paradigm. Additionally, the study addresses the power and knowledge hierarchies inherent in international interventions, providing empirical data from post-conflict African contexts. The book will be of interest to academics, researchers, and policy-makers working in the areas of comparative public law, constitutionalism, sociology of law, anthropology, legal geography, international relations, political science, and African studies.
The Oxford Handbook Of Law And Anthropology
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Author : Marie-Claire Foblets
language : en
Publisher: Oxford University Press
Release Date : 2022-04-01
The Oxford Handbook Of Law And Anthropology written by Marie-Claire Foblets and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-01 with Law categories.
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Negotiating Norms
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Author : Ricarda Rösch
language : en
Publisher: Springer Nature
Release Date : 2023-12-12
Negotiating Norms written by Ricarda Rösch and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-12 with Law categories.
The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.
The Sentimental Court
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Author : Jonas Bens
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-19
The Sentimental Court written by Jonas Bens and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-19 with Law categories.
Analyses how atmospheres and sentiments shape the workings of international criminal law in (post-)colonial Africa and beyond.
Comparative Methods In Law Humanities And Social Sciences
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Author : Adams, Maurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-11-19
Comparative Methods In Law Humanities And Social Sciences written by Adams, Maurice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-19 with Law categories.
This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.
The International Criminal Court And The Prosecution Of Sitting Heads Of State
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Author : Mattia Cacciatori
language : en
Publisher: Springer Nature
Release Date : 2024-07-09
The International Criminal Court And The Prosecution Of Sitting Heads Of State written by Mattia Cacciatori and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-09 with Law categories.
The practice of prosecuting sitting Heads of State (SHoS) by the International Criminal Court (ICC) represents a revolutionary and morally compelling pursuit of justice for those who commit the most heinous crimes known to humanity, regardless of their status. This book embarks on an exploration of the intricate political dynamics surrounding this complex practice, delving into six pivotal cases where the ICC grappled with the idea of prosecuting SHoS. These cases include Uganda, Sudan, Kenya, Libya, Syria, and Russia, encompassing all instances where the ICC directly targeted SHoS, as well as two cases where the Court was unable or unwilling to act. The investigation focuses on the multifaceted political complexities involved in initiating investigations against SHoS. It also delves into the far-reaching domestic and international consequences these prosecutions carried, profoundly impacting both the host societies and the international arena.
Entangled Legalities Beyond The State
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Author : Nico Krisch
language : en
Publisher:
Release Date : 2022
Entangled Legalities Beyond The State written by Nico Krisch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Conflict of laws categories.
"The series provides unique perspectives on the way globalization is radically altering the study, discipline, and practice of law. Featuring innovative books in this growing field, the series explores those bodies of law which are becoming global in their application, and the newly emerging interdependency and interaction of different legal systems. It covers all major branches of the law and includes work on legal theory, history, and the methodology of legal practice and jurisprudence under conditions of globalization. Offering a major platform on global law, these books provide essential reading for students and scholars of comparative, international, and transnational law"--
International Space Law In The New Space Era
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-07-04
International Space Law In The New Space Era written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-04 with Law categories.
The increasingly commercial nature of space activities and the intent of States to expand space travel have spawned renewed attempts of changing the foundations of space law, most of which originated in the twentieth century. Understanding the principles of international space law is essential for ensuring a sustainable future for all in outer space. International Space Law in the New Space Era addresses the international legal and regulatory aspects of outer space that govern developments in the field worldwide. It covers the five United Nations' space treaties along with soft law and other policies. With contributions from established experts in the domain of space law, the volume encompasses the entire gamut of international space law while simultaneously addressing inadequacies that have arisen in light of current developments such as space commercialization, space tourism, and space mining. Space law as an academic discipline is gaining prominence in law schools across the globe and this book is the result of a joint endeavour of two prominent Indian law universities (NUJS, Kolkata & MNLU, Mumbai), which have specialized centres in air and space laws. With its balanced mix of theory and practice, this book provides a timely and accessible resource to understanding international law not only for students and academics, but also for policymakers, practitioners, and those working in the space industry.
Real Governance And Practical Norms In Sub Saharan Africa
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Author : Tom De Herdt
language : en
Publisher: Routledge
Release Date : 2015-05-15
Real Governance And Practical Norms In Sub Saharan Africa written by Tom De Herdt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Political Science categories.
Although international development discourse considers the state as a crucial development actor, there remains a significant discrepancy between the official norms of the state and public services and the actual practices of political elites and civil servants. This text interrogates the variety of ways in which state policies and legal norms have been translated into the set of practical norms which make up real governance in sub-Saharan Africa. It argues that the concept of practical norms is an appropriate tool for an ethnographic investigation of public bureaucracies, interactions between civil servants and users, and the daily functioning of the state in Africa. It demonstrates that practical norms are usually different from official norms, complementing, bypassing and even contradicting them. In addition, it explores the positive and negative effects of different aspects of this ‘real governance’. This text will be of key interest to academics, students and researchers in the fields of development, political science, anthropology and development studies, African studies, international comparative studies, implementation studies, and public policy.