Academic literature on the topic 'Customary law – Western Samoa'
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Journal articles on the topic "Customary law – Western Samoa"
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Land, Craig. "One Boat, Two Captains: Implications of the 2020 Samoan Land and Titles Court Reforms for Customary Law and Human Rights." Victoria University of Wellington Law Review 52, no. 3 (December 13, 2021): 507–40. http://dx.doi.org/10.26686/vuwlr.v52i3.7330.
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Samoa's 2020 Land and Titles Court reforms, which contributed to the Human Rights Protection Party losing support at the April 2021 elections after almost 40 years of government, have recentred attention on the tensions of legal pluralism in the South Pacific. Although Samoa maintains a system of English common law, 81 per cent of Samoan land falls under the traditional matai titles system, giving a central role to the customary Land and Titles Court (LTC). In December 2020, the Samoan parliament passed three Acts – the Constitution Amendment Act 2020, the Land and Titles Act 2020 and the Judicature Act 2020 – establishing the LTC in a parallel court hierarchy with equivalent status to the Samoan Supreme Court and Court of Appeal. This proposal has prompted debate between those favouring incorporation and promotion of Samoan custom over Western legal norms, and others who argue the amendments undermine human rights protections and the rule of law. This article evaluates the effects of these changes on the role and administration of custom in Samoa, contextualising them within broader socio-legal debates around customary legal systems. It first analyses the effect of the three Acts with regard to the bifurcation of the court system, procedural reforms in the LTC hierarchy and the introduction of a judicial guidance clause. This leads into a critical evaluation of these changes, highlighting impacts upon judicial coherence; constitutional human rights; consistency between customary and common law procedures; and resourcing constraints. The article concludes by providing broad options for future reform. It does not focus on issues which have received attention elsewhere, such as the amendments' potential impacts on judicial independence.
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Paulson, Deborah D. "Understanding Tropical Deforestation: the Case of Western Samoa." Environmental Conservation 21, no. 4 (1994): 326–32. http://dx.doi.org/10.1017/s0376892900033634.
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The case of Western Samoa is used to challenge the tendency in the recent literature to polarize the issue of tropical deforestation as caused by either political economic forces or increasing human demands. While it is recognized that political economic forces must be changed in many cases to make just and sustainable use of the forest possible, the case of Western Samoa is used to highlight the difficult challenge of conserving tropical forests and their biodiversity even under customary land-tenure and local control of forest resources.
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Corrin, Jennifer. "Customary Land and the Language of the Common Law." Common Law World Review 37, no. 4 (December 2008): 305–33. http://dx.doi.org/10.1350/clwr.2008.37.4.0176.
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Independence constitutions in most small island countries of the South Pacific acknowledge the significance of customary law by giving it official status in the hierarchy of laws recognized by the state. More particularly, many of those constitutions make special provision for customary land, limiting its alienation and allowing it to be governed by customary law. However, in practice, the philosophy underlying these provisions has been betrayed. While paying lip service to customary law, changes have been introduced through the written law. In addition, more subtle changes have crept in through the inaccurate representation of customary concepts in common law terms. Using examples drawn mainly from Samoa and Solomon Islands, this paper seeks to demonstrate that, in spite of the constitutionally enshrined intention to protect customary land and the customary law governing it, the operation of the common law has led to significant changes in customary land concepts. It is argued that such changes have the potential to bring about dramatic and unplanned changes to customary society in the South Pacific.
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Ye, Ruiping. "Torrens and Customary Land Tenure: a Case Study of the Land Titles Registration Act 2008 of Samoa." Victoria University of Wellington Law Review 40, no. 4 (May 3, 2009): 827. http://dx.doi.org/10.26686/vuwlr.v40i4.5249.
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This article describes the customary land tenure in Samoa, and analyses the effects of the introduction of a Torrens system of land registration on the customary land tenure. In particular, it examines the registration of adjudicated customary land (customary land in respect of which judgment has been made by the Land and Titles Court) under the Land Titles Registration Act 2008, as well as the combined effect of the Taking of Land Act 1964 and Torrens registration on customary land. It argues that the LTRA 2008 may be repugnant to the Constitution and that the Torrens system is incompatible with customary land tenure. It recommends that the law expressly exclude customary land from the indefeasibility of title effect of the Torrens system.
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Anriani, Anriani. "Comparison of Advanced Children According to West Law, Compilation of Islamic Law, and Traditional Law of Bugis Customs." Sultan Agung Notary Law Review 2, no. 4 (December 30, 2020): 656. http://dx.doi.org/10.30659/sanlar.2.4.656-671.
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The objectives of this study are as follows: 1) To determine the comparison to what extent the position of adopted children in inheriting the assets of their adoptive parents according to Western law, compilation of Islamic law and customary law of the Bugis tribe in Wolo District, Kolaka Regency. 2) To find out what are the obstacles in the application of inheritance distribution according to Western Law, Compilation of Islamic Law and Customary Law of the Bugis Tribe in Wolo District, Kolaka Regency. Based on the data analysis, it can be concluded that: 1) Comparing the extent to which the position of adopted children in inheriting the assets of their adoptive parents according to Western law, the Compilation of Islamic Law and Customary Law of the Bugis Tribe in Wolo District, Kolaka Regency is as follows: In Islamic law, adoption does not have legal consequences in terms of blood relations, guardian-guardianship and inheritance relationships with adoptive parents. He remains the heir of his biological parents and the child continues to use the name of his biological father.Meanwhile, according to the West Inheritance Law are: In Staatblaad 1917 No. 129, the legal consequence of adoption is that the child legally acquires the name of the adoptive father, becomes the child born from the marriage of the adoptive parents and becomes the heir of the adoptive parents. That is, as a result of the appointment, all civil relations are cut off, which originates from the offspring due to birth, namely between the biological parents and the child.Meanwhile, according to the Customary Law of the Bugis tribe, they are as follows: When using customary institutions, the determination of inheritance for adopted children depends on the applicable customary law. Especially the Bugis tribal law thatIf the adopted child is obtained from his/her own family environment, it will result in an unbroken relationship between the child and the biological parents in family relations and assets. And if the adopted child is adopted from the environment outside the family, it can result in the relationship between the adopted child and the biological parents being cut off, especially in relation to assets or inheritance. 2) What are the obstacles in the application of inheritance distribution according to Western Law, Compilation of Islamic Law and Customary Law of the Bugis Tribe in Wolo District, Kolaka Regency, namely: because of the lack of legal education for the community in the process of legalizing adopted children, Lack of public understanding and awareness in the process of distributing inheritance.
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Owino, Lisa. "Application of African Customary Law: Tracing its Degradation and Analysing the Challenges it Confronts." Strathmore Law Review 1, no. 1 (January 1, 2016): 143–64. http://dx.doi.org/10.52907/slr.v1i1.156.
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Historically, African customary law has occupied the lower rungs of the legal ladder, often being set aside for more formal laws. This is primarily due to the introduction of western and religious legal systems through the exploration of western nations into Africa, missionary activity and, subsequently, colonisation. However, African countries – including Kenya – are making an effort to give due recognition to customary law. This paper discusses the steady degradation of customary law from the colonial period to the promulgation of the Constitution of Kenya 2010 where there are attempts to resuscitate its application, it also discusses the challenges that the courts may face in this application of customary law today and possible solutions to these challenges.
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Carty, Anthony. "What Use Is Customary International Law?" Korean Journal of International and Comparative Law 9, no. 1 (May 28, 2021): 119–31. http://dx.doi.org/10.1163/22134484-12340149.
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Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.
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Adhi, Yuli Prasetyo, Triyono Triyono, and Muhyidin Muhyidin. "Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (March 24, 2021): 111–22. http://dx.doi.org/10.15294/ijals.v3i1.45728.
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Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.
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Nwanna, Clifford Ezekwe. "The Awka Civil War (1902–1904) and the Legal Basis for Its Resolution." Matatu 48, no. 2 (2016): 301–8. http://dx.doi.org/10.1163/18757421-04802005.
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Most Western legal philosophers did not have Africa in mind when institutionalzing the meaning of law; hence, they consider African customary law as obscure and undesirable. This Western notion of the African judicial system is misleading—there was no record of breakdown of law and order in pre-colonial Africa, where only customary laws operated. This essay examines the consequences of the imposition of the Western legal system on Africa using the Awka civil war (1900–1904) as an example. The study reveals that the African traditional legal system was broadly accepted by the people as a means of providing stability, certainty, and social change. It represents the indigenous and authentic law of the people.
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Sagay, I. E. "Customary Law and Freedom of Testamentary Power." Journal of African Law 39, no. 2 (1995): 173–82. http://dx.doi.org/10.1017/s0021855300006318.
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The extent to which customary law restricts the freedom of testamentary power (if at all) has given rise to a spate of cases right up to the Supreme Court, in which the courts have attempted to interpret and apply section 3(1) of the Wills Law (1958) of Western Nigeria, which currently applies to Lagos, Ogun, Osun, Ondo, Edo and Delta States. Section 3(1) of the Wills Law of all these States provides thus:“Subject to any Customary Law relating thereto, it shall be lawful for every person to devise, bequeath or dispose of, by his will executed in a manner hereinafter required, all real and all personal estate which he shall be entided to, either in Law or in equity, at the time of his death and which if not so devised, bequeathed and disposed of would devolve upon the heir at law of him, or if he became entided by descent, of his ancestor, or upon his executor or administrator”.
Dissertations / Theses on the topic "Customary law – Western Samoa"
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Vaai, Saleimoa. "The rule of law and the Faamatai : legal pluralism in Western Samoa." Phd thesis, 1995. http://hdl.handle.net/1885/147597.
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Van, Niekerk Gardiol Jeanne. "The interaction of indigenous law and Western law in South Africa : a historical and comparative perspective." Thesis, 1995. http://hdl.handle.net/10500/17738.
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Historically South African law has been dominated by Western law. Indigenous law and
the jural postulates which underpin that law are insufficiently accommodated in the
South African legal order. The Western component of the official legal system is
regarded as institutionally and politically superior and is as such perceived to be the
dominant system. In contrast indigenous law is regarded as a servient system. The
monopolistic control of the legal order by the Western section of the population
resulted in the creation of a legal order primarily suited to its own needs.
The fact that few of the values of indigenous law are reflected in the official legal
system and the fact that there is a measure of conflict and tension between the
fundamental precepts of indigenous law and those of Western law, gave rise to a crisis
of legitimacy of the official legal system in South Africa. This in turn lead to the
emergence of unofficial alternative structures for the administration of justice.
Indigenous law should receive full recognition and enjoy the same status as Western
law. To accomplish this, legislative measures which entrench a distorted indigenous
law, limit the application of indigenous law, or affect its status in the South African legal
order, should be revoked.
Even in a multicultural society such as that of South Africa, there is a common nucleus
of core values that are shared by the whole society. But different cultures have
different conceptions of these basic values and their role in legal, political and social
ordering. The Bill of Rights should give due recognition to the postulates which
underscore both Western and indigenous law. This should be done by providing that
the values the Bill entrenches, must be interpreted in their proper cultural perspective
where circumstances so demand. But this will be possible only if the level of
knowledge of indigenous law and its fundamental precepts is drastically improved.LL.D
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Kugara, Stewart Lee. "Witchcraft belief and criminal responsibility: A case study of selected areas in South Africa and Zimbabwe." Thesis, 2017. http://hdl.handle.net/11602/867.
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PhD (African Studies)Centre for African Studies
This interdisciplinary study examined witchcraft beliefs and criminal responsibility in South Africa and Zimbabwe. The unshakeable deep rooted and profound cultural beliefs of African people do not find expression in written law and therefore introduce a mismatch between law as the people live it and law as contained in the statute books. The aim of this interpretive doctrinal (legal) and qualitative research study was two-fold. Firstly, it sought to evaluate and assess the influence of African value systems particularly ethical ideas on the development of criminal responsibility. Secondly, it undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under belief in witchcraft. The research, therefore, undertook a comparative examination of the criminal responsibility of actors who commit crimes while labouring under the overpowering fear of belief in witchcraft. In that regard, the study was premised on and informed through theories of criminal punishment, a Human Rights Based Approach, psycho-analytic theory and socio-cultural theory. The primary motivation for the study was the need to address the mismatch of laws and African value systems and to add knowledge to the scholarly legal writing on beliefs in witchcraft. Explorative qualitative research methods of collecting data (case studies, semi-structured interviews and focus groups discussions) and the doctrinal methods of data collection (case law observation, newspaper reports and witchcraft legislations) were employed as the research methodologies for the purposes of this study. For social empirical findings to be useful in integrating with the legal issues, the study adopted an Indigenous Knowledge Systems (IKS) perspective. Although customary practices play a very important role in the lives of the African people, some of the rules can no longer withstand constitutional scrutiny. The research findings confirmed the mismatch that exists between the African value systems and the law. The study unveiled that the African value systems of the two countries have been affected by modernity. Also, the two countries have similar laws governing the aspect of belief in witchcraft that are weak and archaic thus introducing a lacuna in the
Books on the topic "Customary law – Western Samoa"
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Assembly, Western Samoa Legislative. Central Bank of Samoa and Decimal Currency Amendments, Western Samoa. Western Samoa: [s.n., 1993.
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Samoa Faamatai and the rule of law. Le Papa-I-Galagala, Western Samoa: National University of Samoa, 1999.
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Samoa, Western. Reprint of the statutes of Western Samoa, 1978-1996. Apia, Western Samoa: Govt. of Independent State of Western Samoa, 1997.
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Samoa, Western. The Constitution of the independent state of Western Samoa. [Western Samoa?: s.n., 1989.
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The principle of the personality of law in the Germanic kingdoms of western Europe from the fifth to the eleventh century. New York: P. Lang, 1990.
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Oyewo, A. Toriola. A survey of African law and custom: With particular reference to the Yoruba speaking peoples of South-Western Nigeria. Ibadan, Nigeria: Jator Pub. Co., 1999.
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Makec, John Wuol. The customary law of the Dinka people of Sudan: In comparison with aspects of Western and Islamic laws. London, England: Afroworld Pub. Co., 1988.
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Makec, John Wuol. The customary law of the Dinka people of Sudan: African traditional law in comparison with aspects of Western and Islamic laws. London: Afroworld, 1988.
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Kingdoms and communities in Western Europe, 900-1300. 2nd ed. Oxford: Clarendon Press, 1997.
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UCICC Regional Sensitization Workshops in South Western and Western Uganda (2007 Mbarara, Uganda, etc.). A report of the UCICC Regional Senstization Workshops in South Western and Western Uganda: March 25-April 3, 2007 : held at hotels Rwizi Arch, Green Hills and Kenneth Inn. Kampala: Uganda Coalition on the International Criminal Court, 2007.
Find full textBook chapters on the topic "Customary law – Western Samoa"
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Laurìa, Antonio, Valbona Flora, and Kamela Guza. "The Mountain Village of Razëm." In Studi e saggi, 157–224. Florence: Firenze University Press, 2020. http://dx.doi.org/10.36253/978-88-5518-175-4.02.
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Part II of the book focusses on Razëm, a hamlet of the mountain village of Vrith, in the Municipality of Malësi e Madhe. Razëm lies within the Regional Natural Park of Shkrel and is considered the “gateway” to the Western Albanian Alps. The evocative landscape, the quality of the air and the proximity to Shkodër have transformed Razëm into a proper tourist resort. In the first chapters, the importance of the intangible heritage is stressed. The quality of the typical products and of the culinary tradition, the rhapsodic chants based on the Eposi i Kreshnikëve, the tradition of the customary law based on the Kanun code, the religious festivities and the xhubleta (as a most significant feature of local craftsmanship) are some of the issues addressed. In the following chapters, the multiple aspects of the tangible heritage are analysed. Here, the quality of the natural and pastoral landscape – characterised by alpine pastures and typical hut settlements –, together with the building tradition of the area, is highlighted. A special attention is dedicated to a complex of villas built by the rich bourgeoisie from Shkodër during the Twenties and Thirties, a unique phenomenon that deserves a proper in-depth study. For each of the aforementioned issues, the theoretical and historical analysis are closely bound to an evaluation of those features of the cultural heritage that could be enhanced to guarantee a sustainable tourism development of the area. Each chapter ends with a consistent set of specific intervention strategies. They are substantive tools for action aimed at public and private local actors.
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Howell, Roy Carleton. "The Otieno Case: African Customary Law Versus Western Jurisprudence." In Folk Law, 827–44. Routledge, 2019. http://dx.doi.org/10.4324/9780429024634-14.
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Pienaar, Juanita M. "Customary Law and Communal Property in South Africa." In Legal Strategies for the Development and Protection of Communal Property, 127–51. British Academy, 2018. http://dx.doi.org/10.5871/bacad/9780197266380.003.0007.
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In the geographical areas forming the focus of this contribution, the traditional communal areas in former Bantustan and homeland areas in South Africa, communal ownership flows from the application of customary law, linked to the constitutional right to culture. Living customary law, embedded in communities, entails a dynamic system of land rights which are negotiated in line with particular needs. Recent policy and legislative developments, however, seem to bolster rights of traditional authorities, thereby impacting on land rights and effectively negating spontaneous negotiation. Conceptual clarification in this contribution embodies the complexity linked to communal property, specifically land, in light of the aftermath of apartheid, the commencement of an all-encompassing land reform programme and the operation of a dual legal system comprising customary law and Western-style legal paradigms. The challenges and opportunities for law reform are explored in this context of inter-connectedness of customary law and communal property.
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Nsoh, Walters. "The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon." In Legal Strategies for the Development and Protection of Communal Property, 102–26. British Academy, 2018. http://dx.doi.org/10.5871/bacad/9780197266380.003.0006.
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The ownership and utilisation of communal property are very much tied to the modern land tenure systems of most sub-Saharan African countries, which nevertheless still rely on the customary land tenure system to operate. But how exactly do the customary land tenure systems which remain operational in many parts of Africa fit into contemporary land ownership and use structures? Drawing on a broad interpretation of (African) customary land tenure and its elements, including its communal interest element, this chapter assesses the extent to which law and practice in Cameroon are developing and protecting communal property. Using developments in the protection of collective forest rights as an example, it demonstrates the continuous difficulty in reconciling Western land law principles on the ownership and use of communal property with customary land tenure systems in post-colonial sub-Saharan African societies, and the implications this may have for the wider rule of law in contemporary sub-Saharan Africa.
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Strothmann, Meret. "Roman City-Laws of Spain and their Modelling of the Religious Landscape." In Law in the Roman Provinces, 332–45. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844082.003.0017.
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The Roman municipal laws from Spain tell us much more about the political constitution of Roman cities than any other document from the Western provinces. However, the fragments at our disposal do not provide information about the social and religious identity of the citizens and incolae. A short survey of Latin inscriptions in Spain shows that in Baetica, where the municipal laws were found, there is very little evidence for indigenous cults, in contrast to other Spanish provinces, numerous deities and cults are attested. It is suggested that municipal laws do not add much to our knowledge of religious life in the cities precisely because they were conceptualized as blueprints for different cities with different conditions. The lack of precise instructions regarding religious institutions is to be seen as part of a broader concept. Thus, in a paragraph of the late-republican constitution for the colony of Urso, the city council has the right to complete the calendar, i.e. to define the official cults. In the Flavian constitution of Irni, such a paragraph is missing, but instead another indication of local authority in respect to possible acculturation can be found: the founder is allowed to legislate, but only within the limits of Roman customary law. Roman cities in Spain were able to autonomously model the religious landscape in response to local needs, a capacity clearly expressed in legal terms.
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Dixon, Keith. "Jersey." In International Succession, 541–59. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0031.
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This chapter deliberates the local system of Jersey, an independent jurisdiction from western countries, as a mixed legal system of customary law and common law. When it comes to Jersey’s wills, the chapter argues that it may only be made by persons of full age except that, since 1993, married minors may make a valid will. In terms of intestacy, the succession of movables and immovables where the deceased is survived by a spouse and/or issue is set out in the Wills and Successions (Jersey) Law 1993. Otherwise, the heirs-at-law are ascertained by customary law and they inherit, if more than one, as tenants in common. This chapter also points out that Jersey’s law has no concept of community of property in terms of husband-and-wife relationship. In relation with the estate taxes, the chapter then explains that Jersey has no death duties, estate duty, inheritance tax, gift tax, or capital gains tax. The nationality or domicile of the deceased is irrelevant for the succession of Jersey immoveable estate, which is governed by Jersey law (the lex situs).
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Tamanaha, Brian Z. "Legal Pluralism in the West." In Legal Pluralism Explained, 97–128. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190861551.003.0004.
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This chapter counters the widely held view in the West that the state exercises a monopoly over law. Romani (Gypsy) communities across Europe have lived in accordance with their own law for a thousand years. Indigenous law and tribunals exist in New Zealand, Canada, Australia, and the United States, in various relationships with state law. In a number of Western countries, Jewish law and Muslim law and institutions interact with state law as well as exist apart from state law. All of these examples involve the continuation of community legal orders (customary and religious) that long predate the modern state and have continued in different forms, adjusting to and surviving the extension and penetration of state law. In many of these contexts, state law has tried to suppress, denigrate, or ignore these bodies of community law, denying their legal status, but despite of this treatment they continue to exist and are considered law by adherents.
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Gallant, Kenneth S. "The Standard Model of Criminal Jurisdiction Introduction and General Issues." In International Criminal Jurisdiction, 141–80. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780199941476.003.0003.
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This chapter introduces the model of jurisdiction over crime with transnational elements which has become standard in the past century and a half. It embodies five principles which a state may generally use to justify making and applying criminal law for persons and prosecuting those who allegedly violate the law: territoriality, nationality of actor (“active personality”), protective jurisdiction (protecting state interests), passive personality (nationality of victim), and universality. These principles developed in their modern forms largely in civil law and common law countries, but today they are also implemented in Islamic law countries and a number of Asian countries which were never fully colonized by Western powers. They are for the most part the customary international law of criminal jurisdiction as well, though there are some who dispute that claim. Some of the general issues concerning this model addressed in this chapter include: the historical and intellectual roots of the model; the near-identity of legislative and adjudicative criminal jurisdiction, because each state uses only its own crime definitions in its courts; primary versus subsidiary jurisdiction; and others. The chapter concludes with a framing of the main questions concerning whose law we must obey.
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Calvert, Julia. "The Contested History of Investment Treaties in Latin America." In The Politics of Investment Treaties in Latin America, 59–84. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198870890.003.0003.
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Abstract This chapter illustrates the roles Latin American elites played in establishing international investment protection standards. The origins of international investment law are complex. Intellectuals and practitioners from capital-exporting countries shaped its nature and scope, but they did not dictate investment protection standards alone. Latin American elites and other global South actors influenced the content and reach of investment rules over time. And they did so in tune with evolving beliefs about the role of the state in promoting economic growth and social welfare. The chapter begins with the nineteenth century when Latin American governments opposed Western efforts to impose principles of customary international law. Both sides professed liberal values but held fundamentally different views about the duty of care owed to foreign nationals in newly independent states. It then discusses alternative standards of protection developed by Latin American elites, which circumscribed investor rights until the 1980s. Finally, it addresses the proliferation of IIAs in the 1990s. It shows that Latin American governments did not simply react to external incentives in signing IIAs. How governments viewed their role in domestic economic management fundamentally changed, leading to a greater willingness to surrender state sovereignty in exchange for anticipated economic progress.