The Role Of Customary Law In Sustainable Development
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The Role Of Customary Law In Sustainable Development
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Author : Peter Orebech
language : en
Publisher: Cambridge University Press
Release Date : 2005
The Role Of Customary Law In Sustainable Development written by Peter Orebech 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 2005 with Law categories.
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
Indigenous Peoples Customary Law And Human Rights Why Living Law Matters
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Author : Brendan Tobin
language : en
Publisher: Routledge
Release Date : 2014-08-27
Indigenous Peoples Customary Law And Human Rights Why Living Law Matters written by Brendan Tobin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-27 with Law categories.
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Sustainable Development International Law And A Turn To African Legal Cosmologies
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Author : Godwin Eli Kwadzo Dzah
language : en
Publisher: Cambridge University Press
Release Date : 2024-05-31
Sustainable Development International Law And A Turn To African Legal Cosmologies written by Godwin Eli Kwadzo Dzah 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 2024-05-31 with Law categories.
A pioneering study that challenges the legal orthodoxy of sustainable development in international law from a non-Western perspective.
The Future Of African Customary Law
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Author : Jeanmarie Fenrich
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-18
The Future Of African Customary Law written by Jeanmarie Fenrich 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 2011-07-18 with Law categories.
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
Fao Legislative Study
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Author :
language : en
Publisher:
Release Date : 2002
Fao Legislative Study written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Agricultural laws and legislation categories.
International Law And Sustainable Development
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Author : Nico J. Schrijver
language : en
Publisher: BRILL
Release Date : 2004-08-10
International Law And Sustainable Development written by Nico J. Schrijver and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-10 with Law categories.
'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.
Forest Law And Sustainable Development
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Author :
language : en
Publisher: World Bank Publications
Release Date : 2007
Forest Law And Sustainable Development written by and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book analyzes the wide range of issues that should be taken into account in forest-related legislation. It stresses that forest law must be understood in the context of the broader legal framework governing land use and land tenure, as well as international obligations related to trade, environmental protection, and human rights. The book also pays significant attention to institutional arrangements and governance practices relevant to forests, including decentralization, transparency, and law enforcement. The authors draw extensively on experience from around the world to provide tools for dealing with various forest management challlenges. The authors are experts in the field of forest law. Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agricultre Organization of the United Nations (FAO). Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank. Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank. Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank.
International Law And Sustainable Development
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Author : Alistair Rieu-Clarke
language : en
Publisher: IWA Publishing
Release Date : 2005-11-01
International Law And Sustainable Development written by Alistair Rieu-Clarke and has been published by IWA Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-01 with Science categories.
Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.
Sustainable Justice
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Author : Marie-Claire Cordonier Segger
language : en
Publisher: BRILL
Release Date : 2004-11-01
Sustainable Justice written by Marie-Claire Cordonier Segger and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-01 with Law categories.
This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law. It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development. The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future.
Sustainable Development Principles In The Decisions Of International Courts And Tribunals
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Author : Marie-Claire Cordonier Segger
language : en
Publisher: Routledge
Release Date : 2017-05-08
Sustainable Development Principles In The Decisions Of International Courts And Tribunals written by Marie-Claire Cordonier Segger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-08 with Law categories.
The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.