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Journal articles on the topic 'Customary actors'
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1
Kugbega, Selorm Kobla. "State-Customary Interactions and Agrarian Change in Ghana. The Case of Nkoranza Traditional Area." Land 9, no. 11 (November 18, 2020): 458. http://dx.doi.org/10.3390/land9110458.
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While agrarian change has been a recurrent theme in Ghana’s endeavor for economic development, questions on how land resources should be managed to ensure prompt attainment of economic growth remain unanswered. In Ghana, land is controlled by customary actors, while the state is the custodian of agricultural policies. The need for interaction between the two actors to ensure that the envisioned economic gains from agriculture are attained is paramount. This paper asks questions on how land tenure issues are conceptualized in relation to agricultural policies and the interactions between state and customary actors on land management for agricultural development. The paper uses qualitative research methods comprising 17 key informant interviews and document analysis. Concepts of modernized property rights, ideal and new customary tenure served as the theoretical lens for analysis. The findings indicated that state actors vilify customary tenure by considering it inimical to economic development and requiring it to be replaced. Furthermore, new characteristics of commodification, privatization and professionalization within the new customary system are different from the ideal type customary tenure. The paper argues that a new customary tenure taking shape in the Nkoranza traditional area can be harnessed to bring together two seemingly opposing views on tenure management.
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Werner, Karolina. "Filling the gap: customary institutions as governance actors." Peacebuilding 9, no. 2 (March 17, 2021): 222–36. http://dx.doi.org/10.1080/21647259.2021.1895619.
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Kleczkowska, Agata. "Searching for Armed Non-state Actors’ Role in the Process of Formation of Customary Law." International and Comparative Law Review 19, no. 2 (December 1, 2019): 97–115. http://dx.doi.org/10.2478/iclr-2019-0016.
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Summary The paper explores the problem of the formation of the ‘(quasi-) customary law’, as a source of law created by, or contributed to by armed non-state actors (ANSAs). It argues that, despite some views presented in the doctrine of international law, claims of a quasi-customary international law are without foundation in the current state of international law. The paper is divided into three parts. The first part presents the views of legal doctrine concerning the customary law as contributed/created by non-state actors. The second section argues that ANSAs do not form practice and opinio juris which would allow them to create their ‘own’ customary law. The final part presents the possible challenges and consequences of including ANSAs in the process of formation of customary international law as created by States. In summary the conclusions posit that it could be potentially very harmful for international humanitarian law and the protection of human rights.
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Carrillo-Santarelli, Nicolás. "The Possibilities and Legitimacy of Non-State Participation in the Formation of Customary Law." International Community Law Review 19, no. 1 (March 1, 2017): 98–125. http://dx.doi.org/10.1163/18719732-12341349.
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Non-state actors can contribute to shaping customary law indirectly, through inspiration and pressure, or formally when so empowered by States. Decisions on granting non-state actors customary law-making capacities must be critically decided on a case-by-case basis, in light of the legal interests at stake, risks of making regulation subservient to their interests, and legitimacy and effectiveness considerations. Since non-state involvement in the formation or change of customary law is not limited to direct law-making capacities, different strategies can be used to both receive their input and promote their acceptance of and respect of customary law. Internal and international democratization of State decisions and collective law-making are essential if the (currently) mostly-State-centric system of custom determination is to be fair. This demands a duty to examine non-state proposals in good faith.
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Okubuiro, Joycelin Chinwe. "Application of Hegemony to Customary International Law: An African Perspective." Global Journal of Comparative Law 7, no. 2 (August 14, 2018): 232–71. http://dx.doi.org/10.1163/2211906x-00702002.
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The perpetual reliance on the traditional approach to customary international law based on state practice and opinio juris arguably serves the hegemonic purposes of the great powers in the Global North. Such a traditional approach is out of step with reality in that it fails to reflect the polarised nature of the international system, as well as the activities of diverse non-state actors that shape international law-making. These observations support a reassessment of the formation of custom to include the interests of diverse legal traditions and actors in customary international law-making. In view of the above, this paper explores hegemony through Gramsci’s ideology in relation to customary international law from an African perspective.
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Okubuiro, Joycelin Chinwe. "Third World Resistance as a Counter-hegemonic Phenomenon in Customary International Law." Global Journal of Comparative Law 9, no. 2 (June 19, 2020): 183–219. http://dx.doi.org/10.1163/2211906x-00902002.
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The role of non-state actors in custom-making provokes divergent views, skewed by state practice and opinio juris and derived from a Western perspective, which promotes hegemony. This paper shines a new light on this perennial debate by presenting resistance of Third World non-state actors as a counter-hegemonic tool in the development of customary international law. It contributes to scholarship relating to non-state actors in the formation of custom from a Global South perspective by reflecting African reality. This has become relevant in the clamour for increased participation of the Third World in international affairs as post-colonial states are deemed ineffective in representing their interests. It is observed that non-state actors employ diverse mechanisms to assert their position in law-making, thereby expanding the frontiers of custom-making. This paper explores such roles by non-state actors in the development of international custom and recommends an inclusive system that accommodates these stakeholders in custom-making.
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Retta Siagian, Citra Tiurmasari. "The Political Structure of Indonesia’s Regulation to Protection Customary Forest." Journal of Human Rights, Culture and Legal System 3, no. 1 (February 14, 2023): 95–133. http://dx.doi.org/10.53955/jhcls.v3i1.72.
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There is an increasing awareness that indigenous communities hold a key role in sustainable forest management in Indonesia. However, this awareness did not necessarily come with sufficient legal acknowledgement of the rights of indigenous people to have autonomy over customary forest. This research aims to fill this gap through an understanding of the socio-political development that led to the policy institutionalization of the customary forest. The findings show that discourses on indigeneity, human rights, agrarian reform, social justice, and sustainability advocated by a coalition of Civil Society Organization (CSOs), dominated the political arrangements of both policies. The exchange of resources such as expertise, network, and participatory mapping among the CSOs helped to overshadow the counternarrative of competing policy actors. This thesis contends that a mature discourse coalition was a major factor that empowered the CSOs to advocate their discourses and to convince other actors to support legal recognition of customary forests. Furthermore, several political conjunctures also paved ways for an enabling environment for policy institutionalizations of customary forests. These political conjunctures include such as land reform activism, agrarian constitutionalism, REDD+, AMAN’s endorsement on Jokowi, and the merge of the Ministry of Forestry and Ministry of Environment.
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Yarbrough, Michael W. "Very Long Engagements: The Persistent Authority of Bridewealth in a Post-Apartheid South African Community." Law & Social Inquiry 43, no. 03 (2018): 647–77. http://dx.doi.org/10.1111/lsi.12275.
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This article examines the persistent authority of lobola, the customary practice for forming marriages in many South African communities. South African marriage rates have sharply fallen, and many blame this on economic challenges completing lobola. Using in-depth, qualitative research from a village in KwaZulu-Natal, where lobola demands are the country's highest and marriage rates its lowest, I argue that lobola's authority survives because lay actors have innovated new approaches for pursuing emerging desires for marriage via lobola. I argue that dyadic narratives of marriage increasingly circulate alongside “traditional” extended-family narratives, especially among the young women who strongly support lobola while yearning for gender-egalitarian marriages. My argument synthesizes actor-oriented analyses of legal pluralism with Ewick and Silbey's theorization of lay actors’ role in producing legality to illuminate how lay actors contribute not only to the form and content of different legal systems, but also to the reach of their authority.
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Febrina, Rury, Raja Muhammad Amin, Isril ', and Ishak '. "Collaborative Governance in Recognizing Customary Law Communities And Customary Communal Land Rights in Kampar Regency." Journal of Governance and Public Policy 8, no. 2 (June 14, 2021): PROOFREAD. http://dx.doi.org/10.18196/jgpp.v8i2.11104.
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Recognition and protection towards customary law communities in Kampar Regency are inevitable, remembering that the existence of these communities far before the establishment of this nation. A very progressive response was issued by the Regent of Kampar by Forming Registration Team for The Establishment of Customary Law Communities, Customary Territory, and Customary Forests in Kampar Regency. The Registration Team came from local government organizations, national land agencies, academicians, ministries element, non-governmental organization, and customary community institution shows collaboration that involves state actors. This collaboration successfully initiates the acknowledgment toward customary law communities and customary law with the release of Regent Decree in some areas under the Kampar Regency. This study uses a qualitative method with the type of phenomenological research. This collaborative governance is initiated by NGOs that focus on the environment and sustainable development. dominance is still found in the implementation of duties, the unequal power / authority of all parties, conflicts of interest, political will from regional heads and communication and coordination issues are still major obstacles.
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Ide, Tobias, Lisa R. Palmer, and Jon Barnett. "Environmental peacebuilding from below: customary approaches in Timor-Leste." International Affairs 97, no. 1 (January 2021): 103–17. http://dx.doi.org/10.1093/ia/iiaa059.
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Abstract Environmental peacebuilding is the integration of natural resource management into conflict prevention, resolution and recovery so as to support peace and environmental sustainability. Most studies have been of cases where there is significant involvement of external (usually international) actors. They thus provide implicit support for liberal peacebuilding practice, which is itself the subject of much critique. Conversely, documented examples of environmental peacebuilding from below are rare. We analyse an endogenously emerging environmental peacebuilding institution, the customary tara bandu process in Timor-Leste. We explain the way tara bandu is used bottom-up to promote the sustainable use of natural resources and more peaceful relations. Tara bandu proves to be a successful, locally diverse environmental peacebuilding institution. We further show how recent attempts by international peacebuilders and state institutions to employ tara bandu have somewhat ignored the way it is deeply interwoven with local social and spiritual relations, and in so doing have jeopardized its legitimacy and efficacy. This suggests that attempts from outside actors to facilitate environmental peacebuilding may be constrained by a mismatch between theorized norms of social and environmental relations (such as ‘shared interests’) and local cultural particularities.
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Wirasila, Anak Agung Ngurah, and Jana Takácová. "Addressing Global and National Concerns into Local Actions: Reflecting Customary Institution’s Involvement in Combating Drug Abuses." Udayana Journal of Law and Culture 3, no. 1 (January 31, 2019): 30. http://dx.doi.org/10.24843/ujlc.2019.v03.i01.p02.
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The massive movement of transnational drug-dealers has now been approaching society at the lowest level. This article is aimed at exploring how customary institution in Bali-Indonesia, namely desa pakraman (customary village) is involved in any efforts of combating drug abuse, as a complementary means of the official measures taken by Indonesian agencies that responsible for this matter. It is legal research that inquiries relevant legal documents. Besides, it discovers customary village leaders opinion by using informant interview questionnaires as well as impression obtained from direct observation. This paper discovers that there have been many customary villages modified their customary rule by incorporating the norms on prohibition of the use and sale of narcotics as well as adopted customary sanction to be imposed on those who violate it. This article also suggests that the involvement of customary institution may be used as a lesson learned regarding how the non-state actors, especially a community-based institution, may play a role to support the government in the eradication of drug abuses and crimes.
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Rösch, Ricarda. "A New Era of Customary Property Rights? – Liberia’s Land and Forest Legislation in Light of the Indigenous Right to Self-Determination." Verfassung in Recht und Übersee 52, no. 4 (2019): 439–62. http://dx.doi.org/10.5771/0506-7286-2019-4-439.
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After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in Liberia. This includes the examination of the Liberian concept of the 1) recognition and nature of customary land rights, 2) customary ownership of natural resources, 3) jurisdiction over customary land, 4) the prohibition of forcible removal, and 5) the right to free, prior and informed consent.
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Pakniany, Yamres, and Febby Nancy Patty. "Conflict Accommodation Ideas Based on Custom Institutions Siram Sopi in Gold Mining Area of Romang Island, Indonesia." Sodality: Jurnal Sosiologi Pedesaan 7, no. 3 (December 31, 2019): 224–35. http://dx.doi.org/10.22500/sodality.v7i3.27836.
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Conflict over natural resources in mining areas often has impacts on social relations between communities, including that in the gold mining area in Romang Island. The conflict in this area involves various actors. This research was conducted with the aim to find out the accommodation efforts made in reconciling the actors. This research used qualitative methods by observation and interviews, while data analysis was carried out using interactive models. The results showed that conflict accommodation is a process undertaken to reconcile conflicting actors. The sopi flush deed is one of the customary deeds which is usually practiced to reconcile conflicting actors. The sopi flush deed functions to reconcile the conflicting actors in the gold mining area in Romang Island, Southwest Maluku Regency, Indonesia.
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Odermatt, Jed. "THE DEVELOPMENT OF CUSTOMARY INTERNATIONAL LAW BY INTERNATIONAL ORGANIZATIONS." International and Comparative Law Quarterly 66, no. 2 (March 14, 2017): 491–511. http://dx.doi.org/10.1017/s0020589317000112.
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AbstractIn his Fourth Report on the Identification of Customary International Law (2016), Special Rapporteur Sir Michael Wood confirmed that ‘[i]n certain cases, the practice of international organizations also contributes to the expression, or creation, of rules of customary international law’. That the practice of international organizations can be relevant when identifying customary international law is relatively uncontroversial. The issue that is more debated is the extent to which the practice of international organizations as such may contribute to the development of customary international law. Using examples from the European Union's treaty practice and from the Court of Justice of the European Union, this article argues that international organizations may contribute to such practice, not only by representing the collective will of States, but as autonomous actors in their own right.
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d’Aspremont, Jean. "The Four Lives of Customary International Law." International Community Law Review 21, no. 3-4 (July 12, 2019): 229–56. http://dx.doi.org/10.1163/18719732-12341401.
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Abstract This article tells the story of customary international law in the 98 years between the introduction of the draft rules to the new Permanent Court of International Justice and the adoption of the Conclusions on the identification of customary international law by the International Law Commission in 2018. This story is articulated around four moments of rupture and metamorphoses: 1920, 1927, 1986, and 2018. Each of these four metamorphoses originates in powerful interventions by actors resulting in a redefinition of how arguments about the customary status of a rule ought to be made. It is argued that the doctrine of customary international law, by undergoing these four metamorphoses, has gone through 4 different stages: the age of innocence (1920–1927), the age of dualism (1927–1986), the age of turmoil (1986–2018), and the return to innocence (2018-present). The story offered in this article is a story about the four lives of customary international law.
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Ash Shabah, Musyaffa Amin. "Kedudukan Transgender Dalam Sistem Kewarisan Islam dan Adat." MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) 12, no. 1 (March 22, 2021): 15–25. http://dx.doi.org/10.33558/maslahah.v12i1.2628.
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This study analyzes the position of transgender people in the distribution of inheritance from theperspective of Islamic law and customary law. This research is library research using the juridicalnormativeapproach and descriptive analysis data. The results of the study explain that there arethree elements of Islamic inheritance law, namely the heir, the heir, and the inheritance. The portionof the heirs has been determined in the Koran. The gender of the heir determines the amount of theshare of the inheritance to be received. In Islamic law, the position of inheritance for people who aretransgender is seen from their first gender at birth, and not determined after being transgender. Thisis because Islam forbids sex reassignment surgery because it has changed God’s creation. whereas inBalinese Customary Law, transgender actors are never recognized for their new status, before theyperform a religious ceremony. If this religious customary ceremony has been carried out and approvedby the traditional village leaders, then the applicant’s status is legal and customary.
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Ash Shabah, Musyaffa Amin. "Kedudukan Transgender Dalam Sistem Kewarisan Islam dan Adat." MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) 12, no. 1 (March 22, 2021): 15–25. http://dx.doi.org/10.33558/maslahah.v12i1.2628.
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This study analyzes the position of transgender people in the distribution of inheritance from theperspective of Islamic law and customary law. This research is library research using the juridicalnormativeapproach and descriptive analysis data. The results of the study explain that there arethree elements of Islamic inheritance law, namely the heir, the heir, and the inheritance. The portionof the heirs has been determined in the Koran. The gender of the heir determines the amount of theshare of the inheritance to be received. In Islamic law, the position of inheritance for people who aretransgender is seen from their first gender at birth, and not determined after being transgender. Thisis because Islam forbids sex reassignment surgery because it has changed God’s creation. whereas inBalinese Customary Law, transgender actors are never recognized for their new status, before theyperform a religious ceremony. If this religious customary ceremony has been carried out and approvedby the traditional village leaders, then the applicant’s status is legal and customary.
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Frandsen, Hjalte Osborn. "Customary International Law as a Vessel for Global Accord: The Case of Customary Rules-of- the-Road for Governing the Orbital Highways of Earth." Journal of Air Law and Commerce 87, no. 4 (2022): 705. http://dx.doi.org/10.25172/jalc.87.4.3.
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In a time where the international community seems unable or unwilling to commit to binding instruments to solve global-governance issues, ranging from climate to cybercrime, increased reliance on customary norms presents a path forward. Using the case of space traffic, this author investigates if and how customary international law can emerge to govern complex transnational issues. The traditional approach to international custom is augmented with perspectives from the broader field of social science to accord for the influence of private actors and technological development on the formation of customary law. Commercialization of the space sector has unleashed a tremendous proliferation of satellites in the orbits of Earth. Without globally aligned “rules of the road” for the orbital highways, the collective human space activities are on an unsustainable path towards congestion, competition, and rapidly increasing collision risk. In lieu of an elusive treaty solution, binding rules of the road for space may emerge through customary international law.
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OK Hasnanda Syahputra and Novita Anggraini. "Tenurial Conflict Resolution Analysis of Indigenous People of Pandumaan - Sipituhuta in Humbang Hasundutan District, North Sumatera Province." Journal of Sylva Indonesiana 6, no. 01 (February 24, 2023): 00. http://dx.doi.org/10.32734/jsi.v6i01.8287.
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The customary forest area of Tombak Haminjon (incense forest) located in Pandumaan-Sipituhuta Village has high economic value but has challenges related to overlapping land management. This research aims to determine the history, parties, causes, and conflict resolution in this customary forest. This study used a qualitative approach and purposive sampling of key respondents and in-depth interviews with the stakeholders involved. The results showed that the factors causing the conflict were tenure conflicts. On the one hand, the Pandumaan-Sipituhuta customary forest as incense producer belonged to the indigenous peoples. On the other hand, PT Toba Pulp Lestari (TPL) has also claimed its concession area. The parties interested in using this forest area consist of Key actors, the main stakeholders, and the supporting stakeholders. The determination of customary forest in Pandumaan-Sipituhuta Village has met the requirements to be designated as customary forest after going through a data verification and validation mechanism by a multistakeholder team formed by the Ministry of Environment and Forestry. The determination of the Pandumaan-Sipituhuta customary forest has met the requirements to be designated as a customary forest after going through a verification and data validation mechanism by a multi-stakeholder team formed by the Ministry of Environment and Forestry. Therefore, as a recommendation, it is necessary to accelerate the demarcation of boundaries and the confirmation of the forest area.
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Jöbstl, Hannes. "Bridging the Accountability Gap." Journal of International Criminal Justice 18, no. 3 (June 14, 2020): 567–97. http://dx.doi.org/10.1093/jicj/mqaa026.
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Abstract During non-international armed conflict, war crimes often go unpunished in areas where state authorities are unable to enforce the law. While states are under a customary law obligation to investigate and prosecute war crimes committed on their territory or by their nationals, the Customary International Humanitarian Law Study of the International Committee of the Red Cross has not found that this obligation extends to armed non-state actors (ANSAs). Nevertheless, command responsibility requires the individual commander to punish their forces in case war crimes have been committed and a growing amount of state practice demanding similar commitments — both legally and politically — from these actors as such can be observed over the past two decades. Indeed, ANSAs routinely impose penal sanctions onto their subordinates and often establish judicial structures in order to do so. This article argues that whereas ANSAs should be under some form of obligation to ensure accountability, alternative solutions to makeshift courts and penal proceedings might be better suited to prevent impunity and maintain fair trial guarantees.
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Mitchell, Jean, Joan Niras, and Lesbeth Niefeu. "Cultivating Well-being: Young People and Food Gardens in Tanna, Vanuatu." Engaged Scholar Journal: Community-Engaged Research, Teaching, and Learning 6, no. 1 (October 27, 2020): 1–17. http://dx.doi.org/10.15402/esj.v6i1.70665.
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Gardens in Vanuatu, an archipelago in the SW Pacific, materialize the multiple relationships between land, humans, and the more-than-human world that facilitate self-reliance, and wellbeing. This paper analyzes a collaborative project (2016-18) undertaken on the Island of Tanna in Vanuatu. A project for and with youth and their communities, it aimed to train young people to do basic research on customary food gardens and to document Indigenous customary knowledge, practices, and customary stories about food and gardens. The project started after a catastrophic cyclone destroyed gardens and infrastructure, rendering the self-sufficient islanders dependent on food aid at a time of rising rates of non-communicable diseases (NCDs). There is also concern about the declining interest in traditional knowledge among youth. With about 60% of the population under 30 years of age, this paper argues that youth are critical actors in ensuring the continuity of customary knowledge and practices that are essential for food sovereignty, the maintenance of social relations and wellbeing, all of which are embedded in relational ecologies of care.
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Hakimi, Monica. "Making Sense of Customary International Law." Michigan Law Review, no. 118.8 (2020): 1487. http://dx.doi.org/10.36644/mlr.118.8.making.
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This Article addresses a longstanding puzzle about customary international law (CIL): How can it be, at once, so central to the practice of international law—routinely invoked and applied in a broad range of settings—and the source of such persistent confusion and derision? The centrality of CIL suggests that, for the many people who use it, it is not only comprehensible but worthwhile. They presumably use it for a reason. But then, what accounts for all the muddle and disdain? The Article argues that the problem lies less in the everyday operation of CIL than in the conceptual baggage that is brought to bear on it. Most contemporary accounts of CIL reflect what can be called a “rulebook conception.” They presuppose that, in order for a given proposition to be CIL, it must apply more or less in the same way in all cases of a given type, rather than fluctuate without established criteria from one situation to the next. This rulebook conception is wrong. It does not accurately describe the range of normative material that global actors, in the ordinary course, use and treat as CIL. And because it is wrong, it systematically sows confusion and leads analysts to devalue CIL as a kind of international law. We should stop imagining that CIL operates like a rulebook and should recognize that it is an inherently contingent and variable kind of law.
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Brunnée, Jutta, and Stephen J. Toope. "SELF-DEFENCE AGAINST NON-STATE ACTORS: ARE POWERFUL STATES WILLING BUT UNABLE TO CHANGE INTERNATIONAL LAW?" International and Comparative Law Quarterly 67, no. 2 (November 6, 2017): 263–86. http://dx.doi.org/10.1017/s0020589317000458.
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AbstractCan a few primarily Western States expand the right to self-defence against non-State actors, incorporating the unwilling or unable standard? Even on a traditional reading of customary law formation, the answer is no because proponents have failed to attract consistent and widespread support. What is more, using our interactional international law approach, we show that efforts to date have not been successful because they have failed to address fundamental rule of law concerns. The current state of world politics has perhaps caught proponents of the unwilling or unable standard in a difficult bind. We suggest how proponents might carefully develop the law on self-defence against non-State actors.
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Bae, Yuh Jin. "Analyzing the Connection between Customary Land Rights and Land Grabbing: A Case Study of Zambia." Land 12, no. 1 (January 7, 2023): 200. http://dx.doi.org/10.3390/land12010200.
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Since the global crises in the 2000s, many foreign and domestic actors have acquired large tracts of land for food and biofuel crop cultivation and other purposes in Africa, often leading to the displacement of the African people living on customary land. The weak customary land rights of ordinary African people have been viewed as one of the main factors making it possible for various land-grabbers to exploit customary land with different purposes. However, it would be insufficient to conclude that the weak customary land rights are the only factor leading to land grabbing in Africa as such land rights give the inheritors the rights to use the land permanently. Therefore, the main objective of this research is to identify a more specific factor leading to land grabbing in Africa, which this article refers to as a ‘land-grabbing-friendly legal environment’. To achieve the main goal, by considering the case of Zambia, this research aims to: (1) analyze the main areas and regions where land grabbing occurs in Zambia and the land-grabbers involved; and (2) analyze the main uses of customary land and changes in tenure systems applied to customary land from the colonial era up to the present day, through a legal history research approach. The main findings of this research are as follows: (1) land-grabbing incidences have often been linked to the government-led agricultural program, involving both internal and external land-grabbers, and (2) the creation of the dual-tenure system during the colonial era and its continuation to the present day have led to the poor financial status of ordinary Zambians living on customary land, contributing to their weak customary land rights. By examining the main results, this research concludes that it is crucial for the Zambian government to bring about reasonable fees for land-titling registration for the ordinary Zambians living on customary land, as well as to separate development aspects from land laws. These steps will strengthen the land rights of the ordinary Zambians and prevent land grabbing.
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Ravochkin, Nikita. "Transnational corporations and civil society as network society actors." Artificial societies 16, no. 2 (2021): 0. http://dx.doi.org/10.18254/s207751800014563-8.
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The article examines the topic of the formation of new actors in the context of the transition to a network model of society - transnational corporations and civil society. It shows the relevance of rethinking the more recently prevailing customary balance of power between the subjects, mainly due to technical and technological progress and the changes in the social structure. The essential features of both actors are analyzed and identified, and the reasons for their rise are generalized. Preferred fields of action in which the subjects in question are active are outlined. Demonstrated are modern methods and techniques of influence, which are used by transnational corporations and representatives of civil society. It is noted that today, even despite the rich functionality, the implementation of which contributes to the strengthening of TNCs and civil society among other players, government regulations are still the main drivers of social development, since they directly determine the existing rules of the game and interactions.
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Ubink, Janine M. "Negotiated or Negated? The Rhetoric and Reality of Customary Tenure in an Ashanti Village in Ghana." Africa 78, no. 2 (May 2008): 264–87. http://dx.doi.org/10.3366/e0001972008000168.
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Customary land tenure is seen as a field in which social and political relationships are diverse, overlapping and competing. Property regimes are, therefore, often analysed in terms of processes of negotiation, with people's social and political identities as central elements. This article studies the negotiability of customary tenure in peri-urban Ghana where land is at the centre of intense and unequal competition and closely tied up with struggles over authority. It focuses on one village to provide a grassroots view of processes of contestation of customary rights to land. The analysis of how and to what extent local actors in this village deal with, negotiate and struggle for rights to land confirms that contestants for land never operate on a level playing field. Postulating the social inequalities of local communities, the article analyses whether it is useful to place all local land dealings under the term ‘negotiations’, or whether such a characterization stretches the boundaries of the term too far and risks undermining the significance of local stratification and ignoring the winners and losers in a contest with uncertain rules.
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Kouassi, Koffi Noël. "A Place of the Village Rural Land Management Committee in Land Governance in Tioro: North Ivory Coast." European Journal of Development Studies 2, no. 5 (December 28, 2022): 122–30. http://dx.doi.org/10.24018/ejdevelop.2022.2.5.182.
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This study is guided by the question how does the Village Committee for Rural Land Management intervene in a land context that reserves the exclusivity of land governance to customary authorities? The objective is to analyze the political implications of the institution of the land committee in land governance in Tioro, a locality of the north of the Ivory Coast. Opting for a qualitative research approach, we have built a framework of investigation structured around the land system, customary land governance, the implementation of land law 98-750 and the forms of relations between actors and authorities. This investigation framework was submitted to the traditional and administrative authorities, to the agents of the Rural Land Service of the Regional Directorate of Agriculture, to the members of the land committee and to the land users. It emerges from this study that the Tioro land system is structured around the collective use of the land and the organization of its governance around the village chief, and land chief. Despite the establishment of a Village Land Management Committee, a new frame resulting from the application of law 98 750 of December 23 relating to rural land, customary authorities remain the central figures of local land governance. Reclaimed by customary land authorities, the land committee functions as a technical instrument controlled by the chief. The mode of rural land governance inaugurated by the involvement of the Land Committee at the village level further strengthens the power of customary authorities.
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HERLON, MEKI, FAJAR RESTUHADI, and ROZA YULIDA. "SOCIAL NETWORK AND LAND CONFLICT IN RURAL COMMUNITIES (CASE STUDY IN SENAMA NENEK VILAGE TAPUNG HULU SUB REGENCY KAMPAR REGENCY)." Jurnal Social Economic of Agriculture 6, no. 1 (September 8, 2017): 1. http://dx.doi.org/10.26418/j.sea.v6i1.21580.
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One of the government effort in accelerated development is believed to be done with maximum natural resource management, sustainable, and without any conflict. This 2800 ha of land conflict happened between rural citizen in sub regency Tapung Hulu and PTPN V Kebun Sei Kencana. The aim of this research is to find out information about social network and land conflict in rural communities in Senama Nenek vilage. This research is done within November 2015 until March 2016. Research method is using survey method and research sample for community leaders (12 people by census) and ordinary citizen (113 people by Snow Ball). The data that needed is primary and secondary data, the analysis used SPSS and UciNet program. The result showed that there are 12 actors involved in this conflict which are : 8 actors that maintain customary land (Ishk, Myya, Mkwr, Frds, Abms, Ahyn, dan Tmsn) and 4 actors uphold interests of the company (Abcn, Sprn, Sjls, dan Srdi).
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Harris, Hannah. "Corruption and the forestry industry in Papua New Guinea: transnational actors, local dynamics and environmental impact." Asia Pacific Journal of Environmental Law 22, no. 1 (May 2019): 48–65. http://dx.doi.org/10.4337/apjel.2019.01.03.
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Corruption and environmental degradation are interrelated challenges. In Papua New Guinea (PNG), the relationship between corruption and the environment can be seen in the continuing corruption that exists in the country's forestry industry. The article focuses on key actors, values and interests across geographic and institutional spheres who contribute to corrupt incentives in PNG. The PNG government, foreign corporations, customary land owners, NGOs, multilateral organizations, even foreign governments and consumers; all play a role in the PNG context. These actors and their motives must be understood and harnessed to reduce corruption and improve environmental outcomes in PNG. To balance power dynamics and incentives among these actors requires the use of multiple legal and political tools: political pressure, international law, domestic legislation, aid and technical assistance, education and enforcement of existing legal frameworks are all components of the solution. The concept of an experimentalist governance framework for environmental protection is valuable in this context, due to its fluidity, responsiveness and adaptability in complex environments with multiple stakeholders.
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Giguère, Hélène. "Cultural rights and “Masterpieces” of Local and Translocal Actors." Ethnologies 36, no. 1-2 (October 12, 2016): 297–324. http://dx.doi.org/10.7202/1037611ar.
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This paper deals with European experiences of inscription of traditional cultural practices on UNESCO’s Representative List of Intangible Cultural Heritage (ICH). It will first establish the institutional context of the UNESCO’s listing within the framework of reflections on cultural rights. Then, the author briefly presents four European masterpieces in the Mediterranean area. A comparative analysis follows which specifically focuses on the multiplication of practitioners and on translocality; on the overlapping between institutions and artisans; on the use of intangible cultural heritage as a driver for local development via cultural tourism; and on the multimedia “museification” of the intangible. The comparative study of the listing of these intangible cultural heritage traditions also questions the value of customary law versus freedom of expression and creation. It reveals the tensions between the “purity” and “impurity” of cultural practices and social agents, as well as exclusions related to ethnicity, sex or territory. These tensions create new social divisions and remodel the link people have with cultural practices. An examination of gender sheds light on the marginality of women in public space.
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Müllerson, Rein. "Self-defence against Armed Attacks by Non-State Actors." Chinese Journal of International Law 18, no. 4 (December 1, 2019): 751–75. http://dx.doi.org/10.1093/chinesejil/jmz037.
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Abstract Armed attacks in the sense of Article 51 and customary international law can be carried out not only by States, but also by non-State actors (NSA). Self-defensive responses to attacks by NSAs, due to their specific characteristics, may contain a combination of elements of anticipatory self-defence and defensive reprisals. If a State, from the territory of which an attack originates, is unable to prevent an NSA attacking a third State, it has to ask for and to accept the assistance of the victim State, other States, or relevant international organisations. The latter cannot use military force in self-defence in such circumstances without having first sought the consent of the territorial State. However, if a State is unwilling to prevent an NSA, operating from its territory, from attacking third States, it becomes an accessory-after-the-fact to armed attacks of the NSA. Self-defensive, either individual or collective, measures can be carried out on the territory of such a State even without its consent.
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Fauzi, Muhammad, Rahmad Husein, and Sumarsih . "The Euphemism in “Sambah Manyambah” Tradition of Minangnese Wedding Ceremony." LINGUISTIK TERAPAN 17, no. 2 (January 6, 2021): 153. http://dx.doi.org/10.24114/lt.v17i2.22349.
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The paper describes the perspective of “Sambah Manyambah” Tradition”(literally ‘to greet a bride-groom up’) tradition and the attempts to analyze the euphemism such tradition which is mainly found in Minangnese regency and becomes an oral tradition that requires indigenous actors who have indigenous knowledge and expertise in speaking and in using indigenous language. The actors are considered customary actors (or pelakuadat) who, in this case, deliver custom speech or tribute (pasambahan or pidatoadat) which is aimed at declaring the intention and the purposes of the tradition. The research method is qualitative descriptive and attempted to obtain the necessary information from informants with observation techniques. The results show that since the actors’ existence is lack of appreciation today, the tradition undergoes significant changes; therefore, a model of this research will take the euphemism to the tradition has been created and is hopefully accepted by local communities. In here the researcher will get the types of euphemism used in ‘Sambah Manyambah’ Tradition for the tradition of Minangnese wedding ceremony. It is suggested that Pariaman should be getting the point of ‘Sambah Manyambah’ Tradition itself.Keywords: Euphemism, Sambah Manyambah, Wedding Ceremony
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Fauzi, Muhammad, Rahmad Husein, and Sumarsih . "The Euphemism in “Sambah Manyambah” Tradition of Minangnese Wedding Ceremony." LINGUISTIK TERAPAN 17, no. 2 (January 6, 2021): 153. http://dx.doi.org/10.24114/lt.v17i2.22349.
Full textAbstract:
The paper describes the perspective of “Sambah Manyambah” Tradition”(literally ‘to greet a bride-groom up’) tradition and the attempts to analyze the euphemism such tradition which is mainly found in Minangnese regency and becomes an oral tradition that requires indigenous actors who have indigenous knowledge and expertise in speaking and in using indigenous language. The actors are considered customary actors (or pelakuadat) who, in this case, deliver custom speech or tribute (pasambahan or pidatoadat) which is aimed at declaring the intention and the purposes of the tradition. The research method is qualitative descriptive and attempted to obtain the necessary information from informants with observation techniques. The results show that since the actors’ existence is lack of appreciation today, the tradition undergoes significant changes; therefore, a model of this research will take the euphemism to the tradition has been created and is hopefully accepted by local communities. In here the researcher will get the types of euphemism used in ‘Sambah Manyambah’ Tradition for the tradition of Minangnese wedding ceremony. It is suggested that Pariaman should be getting the point of ‘Sambah Manyambah’ Tradition itself.Keywords: Euphemism, Sambah Manyambah, Wedding Ceremony
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Bantekas, Ilias. "The Private Dimension of the International Customary Nature of Commercial Arbitration." Journal of International Arbitration 25, Issue 4 (August 1, 2008): 449–60. http://dx.doi.org/10.54648/joia2008033.
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While it is true that only states are capable of sanctioning rules of customary international law, little attention has been given to the formulation of some rules by private actors prior to official sanctioning. In the sphere of commercial arbitration, states may dictate the general framework, but are generally unable and at times reluctant to involve themselves in the shaping of industrial or commercial practices. As a result, states either ratify commercial customs by ascribing to them normative validity through the courts or by reference to a general law, without naming any particular practice. In this manner, the commercial practice becomes the practice of the state validating it, whether as usus or opinio juris and consequently binds the state in its future relations. Equally, where commercial practice is validated by more than one state, it assumes a transnational character and enters the realm of either global or regional customary international law.
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Jamhir, Jamhir. "Penyelesaian Kasus Jarimah Ikhtilat Di Gayo Menurut Hukum Islam." Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial 5, no. 2 (December 23, 2020): 54. http://dx.doi.org/10.22373/justisia.v5i2.8454.
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This research discusses "The settlement of the Jarimah Ikhtilat case in Gayo according to Islamic law". The formulation of the problem put forward is (1). How is the settlement of Jarimah ikhtilath according to Gayo customary law? (2) How is the settlement of Jarimah ikhtilath in Gayo according to Islamic law? This research is descriptive analysis. Using a qualitative approach, namely research describing the results of objective research on situations encountered in the field and analyzed according to Islamic law. The conclusion of this study shows that the customary legal sanctions given to ikhtilath actors in Gayo are a fine of one complete goat or a fine on the agreement of the village sarak opat. If viewed according to Islamic law, that customary law sanctions do not contradict the concept of Islamic law. Because, in Islam it is stipulated that the perpetrator of ikhtilath is part of the finger of ta'zir, where the imposition of the sentence is fully handed over by the government, both in type and size, starting from the lightest punishment such as giving advice to the perpetrator, fines, lashing or exile up to the highest punishment, namely the perpetrator must be killed. The customary law sanctions regarding the ikhtilath case in Gayo include ta'zir sanctions, which type and size are determined by Sarak Opat, namely in the form of a fine of one goat.
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C. R. Terry, Patrick. "Secondary Sanctions: Why the US Approach Is Unlawful and the EU’s Response Is Ineffective." Global Trade and Customs Journal 17, Issue 9 (September 1, 2022): 370–79. http://dx.doi.org/10.54648/gtcj2022052.
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In recent years, the United States has increasingly reverted to imposing secondary sanctions on friends and foes alike. Realizing that other major economic actors, such as the European Union, China and India, are very often unwilling to follow the United States’ foreign policy dictum, and exploiting its position as a major economic power and holder of the world’s reserve currency, the United States has begun penalizing third state actors that continue trading with US primary sanction targets. In some cases, that has gone so far as to lead to the issuance of US arrest warrants and the subsequent arrest of third state citizens for violating US sanction laws while engaged in transactions that took place outside of the US. Seen from an international law perspective, such conduct raises jurisdictional issues. I will explain that the US cannot rely on any jurisdictional principle recognized by the international community to justify its approach to secondary sanctions. In fact, the international community has come to reject the US modus operandi of imposing secondary sanctions as unlawful, creating a customary international law prohibition. I will then examine the European Union’s ineffective response by imposing a Blocking Statute and, in the case of Iran, by creating a Special Purpose Vehicle (SPV). Secondary Sanctions, Customary International Law, Jurisdiction, Blocking Statute, Special Purpose Vehicle
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Asrida, Wan, Raja Muhammad Amin, and Auradian Marta. "Bentuk-Bentuk Kekuasaan dalam Pemanfaatan Tanah Ulayat di Kabupaten Kampar." Nakhoda: Jurnal Ilmu Pemerintahan 17, no. 1 (March 7, 2019): 39. http://dx.doi.org/10.35967/jipn.v17i1.7057.
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This research attempts to analyze the forms of power in the utilization of communal land in Kampar Regency. The interests of indigenous peoples in terms of ulayat land tenure feel threatened by the existence of plantation corporations by bringing large investments which ultimately provide economic added value for the Government and Regional Government. This study uses qualitative research methods with a phenomenological approach. Data was obtained through interviews conducted with elements of the Kampar District Government, Lembaga Adat Kampar (LAK), the Archipelago Indigenous Peoples Alliance (AMAN) Kampar, and traditional leaders. Technical data analysis in this study was conducted interactively. The argument from this study shows that there are 2 (two) forms of power that influence the implementation of ulayat land use in Kampar Regency. The first is visible power, where the practice of power occurs in the formal sphere in the policy-making process of recognizing and protecting customary law communities in Kampar District. In addition, the practice of visible power is also evident from the interaction between actors in resolving communal land conflicts that occurred in Kampar District. While the second form of power in the utilization of communal land is hidden power. This hidden power practice is carried out by corporate actors who are suspected of taking over customary land by playing their power in licenses issued by the Government.
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Hickford, Mark. "John Salmond and Native Title in New Zealand: Developing a Crown Theory on the Treaty of Waitangi, 1910-1920." Victoria University of Wellington Law Review 38, no. 4 (March 1, 2008): 853. http://dx.doi.org/10.26686/vuwlr.v38i4.5545.
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This extended essay argues for a new approach towards the writing of constitutional histories of the Crown within New Zealand. It looks specifically at the conceptions of the relationship between the Treaty of Waitangi, the common law and customary interests that the Crown and its legal advisors actually employed in internal deliberation and external positioning. In looking at the processes for articulating the Crown's preferred legal position during John Salmond's tenure as Solicitor-General, this article notes the overwhelming prevalence of statute and Treaty-based conceptions in law (as well as areas of historical change and discontinuity). Common law approaches emerged in the later twentieth century through newly minted theories or doctrines of aboriginal title but were never regarded as distinct options by the historical actors themselves. The concern of this article is with how those actors – most notably Salmond – conceived, acted upon and adapted their perception of the Crown's constitutional obligations to Māori. In mapping the course of a Crown legal "register" or way of speaking about native title and the Treaty of Waitangi, the essay aims to reveal the rich and contested nuances of the approaches assumed by the legal advisors to the Crown on the question of the Treaty from 1910 until 1920 and its relevance to a governmental outlook on customary property.
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Fonjong, Lotsmart. "Contentious politics over authority and control of the Cameroon development corporation’s surrendered land in Fako division-Cameroon." Sociology International Journal 6, no. 4 (August 1, 2022): 205–11. http://dx.doi.org/10.15406/sij.2022.06.00287.
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Land embodies power, wealth, and meaning, especially in Africa. Thus, analysing the dynamics of land access and their effects thereof requires and examination how land is accessed, the actors and institutions that mediate access and the strategies used by different groups to gain access and control. This paper is guided by the interactionist approach entwined around the theories of theory of ‘Power’ and that of ‘Access’. We explore how power relations and the institutional/regulatory frameworks enabled or constrained practices by which people gain access to land in Cameroon’s administrative division of Fako. The paper reveals that the fragmented and overlapping mosaics mechanisms of land governance and territorial control, have a direct impact on local people (Bakweri)’s realities including their agency to respond to changes in the politico-legal and social framework. These are not just arenas of negotiation but also of social disputes and conflicts. We agree in our analysis with several authors who have observed that access to land is often contested and conflictual as political and economic forces constantly transform land relations. In fact, in Cameroon, politico-legal institutions continue to exist in parallel with customary institutions. However, the issue arises when local actors try to secure their rights to natural resources by having their customary access claims recognized as legitimate property by politico-legal institutions.
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Setiawan, Husni. "Dynamics of Change in Customary Actor Authority After Determining the Status of Indigenous Villages in Siak Regency." KOMUNITAS: INTERNATIONAL JOURNAL OF INDONESIAN SOCIETY AND CULTURE 11, no. 1 (April 29, 2019): 158–68. http://dx.doi.org/10.15294/komunitas.v11i1.18559.
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This study discusses the status of adat which has the power of formal law which gradually impacts on the addition and strengthening of political rights of traditional leaders. This phenomenon occurs in the Sakai Minas Traditional Village, Siak Regency. The community of the traditional village made a rule that the chief (Village Chief) must come from ethnic Sakai or who have blood ties with the Sakai community. On the other hand, there is a dichotomy of the political rights of people outside of Sakai Ethnicity. This study aims to analyze the strengthening of the authority of indigenous actors in Kabupaten Siak. This study uses a qualitative method. Analysis of data using emik based on the results of in-depth interviews and related documents. The results of the study showed that after the establishment of Sakai Minas Traditional Village status, customary actors experienced formal political authority (de jure) strengthening compared to before the establishment of traditional village status. Strengthening this authority comes from the interpretation of the Perda Kabupaten Siak No. 2 of 2015 concerning the Establishment of Traditional Villages.
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WOLMAN, Andrew. "National Human Rights Commissions and Asian Human Rights Norms." Asian Journal of International Law 3, no. 1 (November 30, 2012): 77–99. http://dx.doi.org/10.1017/s2044251312000306.
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Ever since the beginning of the “Asian Values” debate in the early 1990s, there have been efforts on the part of many societal actors to establish distinctively Asian human rights norms that integrate local customary values and international human rights norms. This article presents the claim that National Human Rights Commissions in Asia are well placed to play an important role in this effort to develop localized human rights norms because of their close links with local civil actors, along with their independence from government control, pluralistic make-up, and ability to address complex rights issues in detail. The article also presents a study of how the National Human Rights Commission of Korea has used its powers to prioritize and promote a particularly Korean version of the human rights of the elderly.
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Sharipov, R. I. "The Role of Customary International Law in Regulating the Activities of Armed Groups in the Field of Human Rights." Actual Problems of Russian Law 16, no. 5 (June 9, 2021): 195–204. http://dx.doi.org/10.17803/1994-1471.2021.126.5.195-204.
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Over the past decades, there has been a significant increase in the number of armed groups involved in armed conflicts around the world, as well as in their impact on the rights and freedoms of the population under their control. Facing various situations of systematic violations of human rights by non-state actors, experts in the field of international human rights law began to consider the theoretical justification for the mandatory nature of the provisions on the observance and protection of human rights for armed groups. In this regard, a number of scholars have turned to the theory of customary international law, the acceptability of which is being investigated by the author of this paper. The author examines the provisions underlying this theory and the persuasiveness of the argumentation used by its supporters. Based on an analysis of the nature of customary international law, its structural elements, their interpretation by the UN International Court of Justice in its decisions and the relationship of customary international law with peremptory norms of jus cogens, the author concludes that the theory under consideration is currently unable to explain the existence of obligations of armed groups in the field of human rights.
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Achmadi, Achmadi, Khudzaifah Dimyati, Absori Absori, Sinung Mufti Hangabei, and Kaji Kelana Usop. "Concept Legal Culture of the Volkgeist-Based Customary Land Rights Conflict Resolution of the Dayak Tomun Community in Central Kalimantan Indonesia." Asian Social Science 16, no. 1 (December 31, 2019): 115. http://dx.doi.org/10.5539/ass.v16n1p115.
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The doctrine of the rule of law provides an opportunity for business actors to exploit the natural resources of the customary forest ecosystem or land of the Dayak Tomun indigenous peoples in Central Kalimantan. The clash between das sollen (supposedly) and das sein (reality) shows how the law is always the instrument of power by the authorities. This study aims to explore the concept of legal culture in resolving volkgeist-based Dayak Tomun customary land rights conflicts sourced from the human nature, which is always interpreted as a correlation between ratio (mindset), behavior, value and rule of law implemented over generations in people's lives. This study uses a mixed research method consisting of normative, empirical, and legal anthropological approaches. The constructive offer of the concept of legal culture has a way of life in the form of norms of rules in terms of customary land rights conflict resolution originating from beliefs, ideas, and thoughts. The concept of legal culture in Halang Lintang is to preserve the legal inheritance, which is used as a cultural foundation and local wisdom to have a legal system, legal process, and the substance of implementing the law as a social control.
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Samndong, Raymond, and Arild Vatn. "Competing Tenures: Implications for REDD+ in the Democratic Republic of Congo." Forests 9, no. 11 (October 24, 2018): 662. http://dx.doi.org/10.3390/f9110662.
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The capacity of the Democratic Republic of Congo (DRC) forests to sequestrate carbon has attracted interest from the international community to protect forests for carbon storage and alleviate rural poverty by establishing REDD+ (Reduced Emissions from Deforestation and Forest Degradation). Using information gathered from interviews, focus groups, field observations, and policy document analysis, this paper demonstrates that REDD+ is not well adapted to the institutional structures of forest governance in the DRC, including both statutory and customary tenure. The lack of harmonization between these systems has created a situation of competition between state and customary authorities. This has created opportunities for powerful actors to ‘shop’ between the two systems to attempt to legitimize their expanded use and control over forest resources. As the REDD+ process evolves from the preparation to the implementation phase, competing institutional structures may negatively impact the effectiveness of REDD+, as well as the distribution of costs and benefits. While the newly enacted community forest law provides an opportunity to recognize customary rights to forestland, the lack of functional local government at the district and village levels has prompted REDD+ pilot project organizers to establish new village organizations for REDD+.
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Daniel, D., S. Satriani, Sefriyani Lea Zudi, and Anjana Ekka. "To What Extent Does Indigenous Local Knowledge Support the Social–Ecological System? A Case Study of the Ammatoa Community, Indonesia." Resources 11, no. 12 (November 24, 2022): 106. http://dx.doi.org/10.3390/resources11120106.
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Recognition of multiple knowledge systems is essential to facilitate collaboration and mutual learning between different actors, integration across social and ecological systems, and sustainable development goals. This study aims to identify how local knowledge from the indigenous people in developing countries contributes toward supporting the social–ecological system. We use a case study of the Ammatoa community, one of the indigenous communities in South Sulawesi Province, Indonesia. This study shows how their social and ecological practices are combined to develop their customary area and how the Ammatoa’s customary values contribute towards achieving Sustainable Development Goals (SDGs) 15 and 12 of the United Nations, i.e., leveraging local resources for livelihood and ensuring sustainable consumption and production patterns. Examples of practices elaborated in this paper are protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, halting and reversing land degradation, halting biodiversity loss, and ensuring sustainable consumption and production patterns. Furthermore, the Ammatoa’s customary values form a sustainable system that not only affects their social aspects, but also their economy and surrounding environment. This research can be used to develop relevant environmental-related interventions related to SDGs 15 and 12 from indigenous peoples’ perspectives.
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Tabarinzeva-Romanova, K. M., and A. G. Negasheva. "INTERNATIONAL SKATING UNION (ISU) AS A SPORTS DIPLOMACY ACTOR." Вестник Удмуртского университета. Социология. Политология. Международные отношения 6, no. 2 (June 27, 2022): 256–65. http://dx.doi.org/10.35634/2587-9030-2022-6-2-256-265.
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In the XXI century, when relations in the world are characterized by conflict, diplomacy plays a very important role in maintaining world order. In this regard, new types, forms, tools and resources continue to appear. Sports diplomacy has only recently begun to be actively used by different countries to achieve their goals. Previously, it was customary to consider sports diplomacy as part of the public diplomacy, but now it has surely evolved into its independent branch. Sports diplomacy is characterized by a wide range of state and non-state actors with international organizations to be the most important. This article analyses the role of the International Skating Union (ISU) as an actor of sports diplomacy. As a result, the author comes to the conclusion that the activities of the organization play an important role in establishing and improving cultural ties, as well as in resolving and preventing conflicts between its members.
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Mota, Dalva Maria da, Heribert Schmitz, and Amintas da Silva Júnior. "(Dis)agreements on the use of natural resources within a context of land transformation in Sergipe." Ambiente & Sociedade 18, no. 2 (June 2015): 41–58. http://dx.doi.org/10.1590/1809-4422asocex03v1822015en.
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This work assesses the intertwining of legal systems, involving actors who have different relationships to natural resources in a context of competition for land ownership in one of the last remaining areas where the native fruit species, mangabeiras (Hancornia speciosa Gomes), occurs in the municipality of Barra dos Coqueiros, state of Sergipe, Brazil. The main results show that both the mangaba gatherers and the landowner have resorted to formal law (state law) to enforce their own interests. The landowner's legal victory abolished open access to mangabeira trees and imposed private access to this resource which has influenced the restructuring of customary rules (local laws). The obstacles encountered in attempts to secure control over this resource by formal legal means contrast with the persistence of customary laws, despite changes in the access system. Moreover, this intertwining demonstrates a complex legal pluralism and the permeability of the different legal systems within this context.
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Tati, Gabriel. "Informal Land Sale and Housing in the Periphery of Pointe-Noire." Africa Spectrum 51, no. 1 (April 2016): 29–54. http://dx.doi.org/10.1177/000203971605100103.
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This article examines the relations between practices in informal land transactions under customary tenure and spatial differentiation among suburbs in the periphery of the city of Pointe-Noire, Congo-Brazzaville. Urban sprawl is a permanent feature of urbanisation in Congo-Brazzaville that not only propagates slums for low-income dwellers but also entails locally embedded ways of building the city in the absence of state-led planning. The case of Pointe-Noire shows that large tracts of customary land are sold without public control, a process accompanied by the emergence of new suburbs with different stylistic patterns of housing. While suburbanisation does carry the potential to improve the quality of housing by attracting wealthy residents, it exacerbates spatial fragmentation and the exclusion of certain groups in the population from access to both land for housing in upmarket suburbs and public services. Powerful actors tend to profit most from informality.
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Hopwood, Julian. "Women’s Land Claims in the Acholi Region of Northern Uganda: What Can Be Learned from What Is Contested." International Journal on Minority and Group Rights 22, no. 3 (July 17, 2015): 387–409. http://dx.doi.org/10.1163/15718115-02203005.
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Women are often understood to be highly marginalised in typical African customary land regimes. The research presented in this article found that in the Acholi region of northern Uganda this is not the case. The crisis of land conflict that followed the twenty-year lra insurgency and mass rural displacement has seemingly passed, notwithstanding a minimal contribution from the formal justice, law and order sector: local state actors as well as clan elders are mediating and adjudicating disputes on the basis of custom. However some social institutions, in particular traditional marriage, have been deeply affected by displacement and the consequent poverty. In this context, custom appears to be becoming more responsive to the needs of women, including those who are divorced or separated. While women’s customary land claims are often challenged, they appear to be generally respected and supported by communities and those with responsibilities for settling disputes.
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Staff, Wiebke. "Customary International Law: A Vehicle on the Road from Istopia to Eutopia?" Volume 60 · 2017 60, no. 1 (January 1, 2018): 423–49. http://dx.doi.org/10.3790/gyil.60.1.423.
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Despite the rather non-legal nature of most classic utopias, law, and also international law, plays a major role in Philip Allott’s work, including ‘Eutopia’. Law not only frames any society, but it can also be the means of changing a society and thus be used as a vehicle on the road from Istopia to Eutopia. In international law, the generally more foundational nature of customary international law (despite the many ongoing uncertainties as to several of its characteristics) as opposed to treaty law allows for the former to be a more convenient vehicle: It is more open to normative considerations and changes, it is more susceptible to influences from actors other than States and maybe even to legislators other than States, and, if need be, it can develop in amazingly short timeframes. Therefore we, the members of the international society, should focus our attention on customary international law and find ways how to steer it safely towards Eutopia.