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1
Abdullah, Abdurisaq Abdurahman. "Legal Basis for Unilateral Secession of Somaliland from Somalia." International Journal of Geopolitics and Governance 2, no. 1 (July 16, 2023): 55–61. http://dx.doi.org/10.37284/ijgg.2.1.1323.
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This article explores the legal basis for Somaliland’s unilateral secession from Somalia and whether it violates Somalia’s territorial integrity under international law. The article provides a brief history of Somaliland’s original independence and its subsequent union with Somalia. Following the collapse of the Somali government, Somaliland declared its secession from Somalia in 1991, while the southern region plunged into anarchy. The article examines the criteria for state recognition, with Somaliland fulfilling three of the four requirements. The article delves into the principles of self-determination, sovereignty, and territorial integrity under international law. Although the right to self-determination is fundamental, some experts argue that it does not apply to unilateral secession, as it is in conflict with territorial integrity. Conversely, others argue that self-determination promotes decolonisation and allows individuals to take part in local decision-making, including secession. The article also discusses the role of the International Court of Justice (ICJ), which considers customary law, and the principle of territorial integrity, which only prohibits foreign interference. Besides, this article provides an overview of the concept of recognition in relation to unilateral secession. It discusses the two main perspectives on recognition, constitutive and declaratory. The article examines several cases of state formation, including Eritrea, South Sudan, Czechoslovakia, and the Soviet Union, and emphasises the importance of mutual consent in the creation of new states. In conclusion, the article provides an overview of the legal basis for Somaliland’s unilateral secession and the principles of self-determination, sovereignty, and territorial integrity. It examines the criteria for state recognition and the role of the ICJ, human rights advocates, and the Security Council in interventions. Ultimately, the recognition of a new state depends on political will, which can have a significant impact on the decision-making process.
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Himonga, Chuma, and Fatimata Diallo. "Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3267.
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The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and transformation connected with the country's history of colonialism and apartheid have also surfaced. In the field of law, demands for curriculum change are accompanied by the broad issue of the decolonisation of law, translating into questions of legal history, the concept of law, the role of law in African societies, the status of indigenous systems of law in the post-independent/apartheid legal system, and how law is taught in law schools.This paper examines the idea of the decolonisation of law in relation to the teaching of law in African states previously under the influence of English or Roman-Dutch colonial/apartheid legal history. The teaching of law is with special reference to the system of law that governs the majority of people in Africa in private law and aspects of governance – living customary law. The paper examines the design of legal education with respect to three elements that are essential to the decolonisation of law and legal education. The elements under review are the inclusion of living customary law in legal education, a shift in the legal theoretical paradigm within which law is taught, and the interdisciplinary study of law. Thus, the paper links the decolonisation of law to how law is taught, with special reference to living customary law. In discussing these elements, the paper draws examples from the South African legal system, because it has the most advanced jurisprudential conceptualisation of customary law on the African Continent.
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Aidonojie, Paul Atagamen, and Oaihimire Idemudia Edetalehn. "A FACILE STUDY OF THE STATUTORY CHALLENGES CONCERNING CUSTOMARY PRACTICE OF INTESTATE SUCCESSION IN NIGERIA." JHR (Jurnal Hukum Replik) 11, no. 1 (April 1, 2023): 1. http://dx.doi.org/10.31000/jhr.v11i1.7552.
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The custom and tradition of Nigeria is an outgrowth from the history of the society. In this regard, customary law emanate from the spirit of the people. However, it has been observe that by the locally made Wills Law of some state in Nigeria, it recognize and preserve the Nigerian’s customary practice of intestate succession. However, the Wills Act of 1837 which applies to all state except state that have enact their wills law, seem to create a limitation on customary intestate succession. It is in this regard, that this study adopts a hybrid method of research in analysing the statutory preservation and limitation of Nigeria’s customary practice of intestate succession by the wills laws and Act in Nigeria. The study made use online survey questionnaires sent to 308 legal practitioners (randomly selected) in the various states of the federal republic of Nigeria. A descriptive and an analytical statistic were used to analyse 308 respondent responses to the questionnaire. The study found that 76% of the respondent identify that Wills Act places customary limitation on customary intestate succession and they prefer the Wills Laws of 1958, given it preservation of the Nigerian custom and traditions concerning intestate succession. It was therefore, concluded and recommended that there is a need for some of those states that still applies the Wills Act of 1837, to enact or amend the Wills Act to recognised customary intestate succession.
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Santuraki, Suleiman Usman. "THE LEGAL FRAMEWORK ON REBELLION AND INSURGENCY IN ISLAMIC LAW AND CUSTOMARY INTERNATIONAL LAW: A REVIEW." Malaysian Journal of Syariah and Law 6, no. 2 (November 29, 2018): 11–23. http://dx.doi.org/10.33102/mjsl.vol6no2.140.
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Over the years, Muslim countries have been faced with wave of violence mostly related to insurgency or rebellion, leading to loss of lives and property on an unprecedented scale. Interestingly, rebellion and insurgency have a long, controversial, and deeply rooted history in Islam. As such, it is one of the most thoroughly studied and regulated concepts in Islamic law. Other non-Muslim societies too, have faced these kinds of challenges at different stages of their development, underlining the literature on rebellion and insurgency in customary international law. Therefore, from Muslim to non-Muslim states, this challenge is not a new one: there clearly is no shortage of legal regulation from either side. Notwithstanding, the menace of insurgency related violence seems to have defied all attempts at regulation. This paper compares the regulation of insurgency and rebellion under Islamic law and customary international law with a view to identifying the similarities or otherwise. It thereby relates the trends in rebellion and insurgency in both Muslim and non-Muslim countries to the legal regime in both systems. The paper finds that the legal regime regulating rebellion and insurgency in Islamic law and customary international law are similar, with trivial variances in substance. This being the case, it raises the question if the legal regulation of these issues has had any effect on the unending violence that has so far destroyed several states and led to loss of millions of lives. The paper concludes that notwithstanding the seeming laxity of the legal regimes regulating insurgency and rebellion in both Islamic law and customary international law, the genesis of the problem might have been with application rather than the substance of the law.
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Boister, Neil. "A History of Double Criminality in Extradition." Journal of the History of International Law / Revue d'histoire du droit international 25, no. 2 (June 16, 2023): 218–57. http://dx.doi.org/10.1163/15718050-bja10089.
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Abstract This article sets out the history of double criminality in the law of extradition. It shows how that it only emerged as a legal requirement in the ‘Jay Treaty’, the 1794 treaty between theUSand UK. The article explores how the ‘Jay proviso’, a procedural requirement that the requesting state produce sufficient evidence to satisfy the requested state of the criminality of the requested person, morphed through interaction between common law and civil law states into a substantive requirement that the acts for which extradition is requested be criminal under the laws of both states. The article diccusses the evolution of the idea, and of its rationale, and then concludes that acceptance of this idea by the early part of the 20th Century confirmed its status as a general principle of law, or perhaps even a rule of customary international law.
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Supriyadi, Supriyadi, Gatot Dwi Hendro Wibowo, Galang Asmara, and Muhaimin. "Application of the Adat Principles Barenti ko Syara', Syara' Barenti ko Kitabullah in Sumbawa Regency." International Journal of Scientific Research and Management 11, no. 04 (April 8, 2023): 408–10. http://dx.doi.org/10.18535/ijsrm/v11i04.lla2.
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The existence of indigenous peoples has been regulated in Article 18B paragraph (2), which states that the state recognises and respects customary law community units and their traditional rights as long as they are still alive and by development. Society and the principles of the unitary state of the Republic of Indonesia are further regulated in law to provide recognition and respect for customary law communities as a basic concept or pillar of the application of customary law in Indonesia. There is much evidence of traces of the spread of Islam left by their ancestors, both in ancient manuscripts, historical buildings, customs, arts, and various other cultural products, including in the Sumbawa district, which until now apply established principles in everyday life. The regional regulation establishes a traditional institution as a body or institution whose job is to preserve customs in Sumbawa which have been ingrained and rooted in the life of the Sumbawa people, accommodating businesses such as customs for marriage, inheritance, land management, and several other customary norms which have the motto of the Adat principle. Barenti ko syara', syara' barenti ko kitabullah.
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Driessen, Bart. "Slav non-citizens in the Baltics." International Journal on Minority and Group Rights 2, no. 2 (1994): 113–37. http://dx.doi.org/10.1163/157181194x00030.
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AbstractThis study argues that customary international law obliges the Baltic states to accept the Slav populations as an integral part of the Baltic peoples. The history and collapse of the Soviet Union has produced large groups of Slav immigrants to remain in the Baltic states. They are not automatically granted citizenship rights in Estonia and Latvia, as they have to prove to qualify for naturalisation. People descending from the inter-War citizenry do ipso facto qualify for citizenship. First the nature of the coming-to-independence of the Baltic states is analysed, after which the law on self-determination is investigated. The de facto recognition of the Soviet annexation by most of the international community is seen as the watershed as far as the status of the Baltic states is concerned; from then on they were for all practical purposes part of the Soviet Union. Following an analysis of the applicable norms of customary international law, a scrutiny of relevant Baltic legislation is presented.
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Heinicke, Craig W. "One Step Forward: African-American Married Women in the South, 1950-1960." Journal of Interdisciplinary History 31, no. 1 (July 2000): 43–62. http://dx.doi.org/10.1162/002219500551488.
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The labor-force participation of African-American married women in the southern United States was increasing during a period of deteriorating labor markets when that of African-American men was decreasing. Although the effect of this development on the African-American family was complex, the trend was certainly a sign of limited progress for these women. The jobs that they were able to acquire were generally better than their customary work since the Civil War, despite the adverse labor-market shocks to which African-American families were subject.
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Gasbarri, Lorenzo. "(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law." Grotiana 43, no. 1 (August 1, 2022): 113–32. http://dx.doi.org/10.1163/18760759-43010006.
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Abstract In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the level of the organ, I reflect on the difference played by the presence or absence of member States in the institutional organ that adopts the practice relevant for custom formation. At the macro-level of the characteristics of the organization, I distinguish between so-called supranational and functional organizations. In general, I exclude the relevance of speaking in terms of a ‘Moment’ that produces a paradigm shift, and I stress the continuous change to which international law is subject.
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Silan, Marie-Sophie. "« Aussy avant les filz que les filles, et les filles que les filz » : les droits successoraux des filles de famille dans la coutume de Liège et dans les actes de la pratique du xvie siècle." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 91, no. 1-2 (August 25, 2023): 115–42. http://dx.doi.org/10.1163/15718190-2023xx08.
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Summary « Aussy avant les filz que les filles, et les filles que les filz » : inheritance rights of daughters according to the custom of Liège and in deeds of the 17th century. – In the 16th century, the customary law of Liège, a middle-sized estate of the Holy Roman Empire governed by a prince-bishop, excluded daughters from inheriting censal property located outside the ‘franchise’ of the states’ cities. However, such property – lands and buildings subjected to cens and annuities (‘cens’ and ‘rentes’) – often constituted a significant part of the parental estate. Aware of the issue, and of the risks that the law might lead to situations of conflicts, including legal proceedings, between their children, many parents, together or separately, derogated from the customary rule in their will. An aspect which has more rarely been brought to the fore by legal scholarship, marriage contracts were also a means to divide the inheritance equally among children.
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Васильєв, Сергій Володимирович. "Courts of customary law in the post-soviet states: history and the current situation." Problems of Legality, no. 131 (January 26, 2016): 15–25. http://dx.doi.org/10.21564/2414-990x.131.55277.
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Gratton, Brian, and Jon Moen. "Immigration, Culture, and Child Labor in the United States, 1880–1920." Journal of Interdisciplinary History 34, no. 3 (January 2004): 355–91. http://dx.doi.org/10.1162/002219504771997890.
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Alarmed by child labor in factories and mills, Progressive-era reformers criticized immigrants and immigrant cultures for sanctioning exploitation of their young. Neither qualitative nor quantitative appraisals find much evidence that ethnicity had any important effect on the likelihood that a child would work. Relative and absolute poverty were more important influences. Under all conditions, black children were much more likely to work. The use of children as workers, customary in all rural societies including that of the American family farm, reappeared in industrial settings and then quickly declined. Higher male earnings, technological shifts, and changes in law and culture compelled children to become students instead of wage earners.
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Brown, David. "“To work industriously and steadily”: Frederick Law Olmsted and the Southern Work Ethic Revisited." American Studies in Scandinavia 46, no. 1 (February 1, 2014): 11–30. http://dx.doi.org/10.22439/asca.v46i1.5148.
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Frederick Law Olmsted is widely admired by historians of the nineteenthcentury United States and generally regarded as the single most important commentator upon slavery and the South. He toured the southern states in the early 1850s and published a series of reports in the New York Daily Times and the New York Daily Tribune. These articles were subsequently revised and compiled into three books, but it was their publication as a single, edited volume, The Cotton Kingdom (1861), which had the greatest impact. This article revisits perhaps the central insight provided by Olmsted: his criticism of the southern work ethic and the South’s reluctance “to work industriously and steadily.” It does so within the context of current scholarly interpretations of capitalism in the late antebellum South, where most scholars have taken issue with Olmsted’s view, presenting instead a dynamic and hard-working southern workforce. Why did Olmsted take such an overly critical view of the southern work ethic?
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Hoffman, Michael Harris. "The customary law of non-international armed conflict - Evidence from the United States Civil War." International Review of the Red Cross 30, no. 277 (August 1990): 322–44. http://dx.doi.org/10.1017/s0020860400075756.
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James Surget made no impact on history. He did, however, make an impression on Washington Ford. The latter sued him in 1866 regarding the destruction of 200 bales of cotton.In May 1862, Ford owned a plantation in Mississippi, a state then in rebellion against United States authority. The local commander of rebelling forces ordered his troops to burn all cotton along the Mississippi River that was vulnerable to capture by the United States army. Surget assisted in the destruction of Ford's cotton. Ford sued him to recover for its value.
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Szabla, Christopher. "A New Foundation for Freedom of Movement in an Age of Sovereign Control: The Liberal Jurisprudence of August Wilhelm Heffter." Law and History Review 40, no. 1 (February 2022): 63–90. http://dx.doi.org/10.1017/s0738248021000596.
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This article addresses how a once influential but now obscure jurist addressed a potential paradox in liberal thought—between democratic control over borders and transnational rights—as it arose in the mid-nineteenth-century, amid advocacy against authoritarianism and for free trade and movement, on the one hand, and the increasing calling into question of natural law theories that may have best facilitated free movement, on the other. While scholarship has increasingly shown how the boundaries between periods of natural law and positivist hegemony are difficult to distinguish, specific tensions in the mid-nineteenth-century called for an approach that preserved free movement in light of the growing appeal of empiricism and state sovereignty. In this context, August Wilhelm Heffter proposed that states were bound by higher law as a consequence of their free decision to enter international communities: these communities’ purpose, he wrote, bred customary laws facilitating interstate interaction. Heffter’s approximation of “natural” law in a more positivist context and his use of the period’s “customary” logic helps account for his influence not only in periods of free trade and movement’s ascendancy but also the survival of forms of his thought into periods of sovereigntist reaction against them. It therefore holds potential to address what scholarship has termed today’s “liberal paradox” between democracy and migration better than approaches that emphasize a more complete return to natural law.
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Weindl, Andrea. "Grotius's Mare Liberum in the Political Practice of Early-Modern Europe." Grotiana 30, no. 1 (2009): 131–51. http://dx.doi.org/10.1163/016738309x12537002674402.
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AbstractIn this article Mare liberum is placed within the context of seventeenth-century European politics. It focuses on the development of conventional relations between European States regarding their interests outside of Europe and their importance concerning the status of Asian and African 'actors'. It turns out that in spite of Mare liberum's high-sounding proclamation of equality of non-European sovereigns with European States, Grotius's position as well as Dutch policy was inspired by self-interest and was essentially opportunistic. The Dutch Republic – as well as other European States – used the 'liberal' principles of Freedom of trade and the Universality of the Law of Nations to attack the Portuguese/Spanish claims of monopoly. However, as the Dutch Republic, Great Britain and France developed their own 'Spheres of Interest' in Asia, Africa and the Americas, they effectively excluded would-be competitors. Indeed, in the eighteenth century the 'pacte colonial' constituted a distinctive characteristic of the conventional and customary 'European Law of Nations'. As non-European political actors in the eighteenth century relatively lost military and political power, the European States finally relegated them to an inferior position, beyond the charmed circle of full 'subjects of Public International Law'. The article also is a contribution to the ongoing discussion about the relation between European imperialism and the development of the doctrine of European International Law.
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Löhnig, Martin. "Zur Stellung des Richters im Frühkonstitutionalismus." TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 427–41. http://dx.doi.org/10.1163/15718190-000a1215.
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The position of judges in the early constitutionalist era. – In the first two decades of the nineteenth century, the Southern German states complete their transition to a largely independent judicial system, which is reflected in the constitutions of the early constitutionalist era. Different lines of development can be seen to converge: the strengthening and establishment of a judicial system uninfluenced by politics in contrast to its former role as governing instrument in the second half of the eighteenth century, German Enlightenment thought and last but not least the strong influence exercised by Napoleonic France. The Southern German states could not lag behind all of this, even after 1815.
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Syahrin, Muhammad Alvi. "The Principle of Non-Refoulement as Jus Cogens: History, Application, and Exception in International Refugee Law." Journal of Indonesian Legal Studies 6, no. 1 (May 31, 2021): 53–82. http://dx.doi.org/10.15294/jils.v6i1.43350.
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The existence of the principle of non-refoulement is a necessity and has been institutionalized in the various international legal instruments such as conventions, declarations and in customary international law. Non-refoulement principle is a fundamental concept and considered as the backbone for the entire international refugee legal system. That principle is an international legal norm that has been recognized and affirmed by the international community in multilateral international conventions and other relevant international legal instruments. This principle is very basic in the international protection system for refugees and asylum seekers and cannot be distracted by states in international relations. International organizations also recognize and apply the principle of non-refoulement consistently. The consequence is that states, both invidually and collectively, must not violate this principle. Based on legal procedures, a country can take different actions with the obligation to implement the non-refoulement principle.
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Ciampi, Annalisa. "Images and Customary International Law, or the Destruction/Construction of International Norms through Images." Pólemos 13, no. 1 (April 24, 2019): 25–42. http://dx.doi.org/10.1515/pol-2019-0003.
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Abstract This paper explores the power of images vis-à-vis the practice and theory of international law, with a focus on rules of customary international law, i. e. the unwritten general rules of international law, that apply to all states (as well as to non-state actors falling within their scope of application), irrespective of specific acceptance. As Sherwin writes: “We are awash in images.” States, international organizations (IOs), non-governmental organizations (NGOs), insurgents, terrorists and other groups of individuals of all sort, are in the news and our movies, on our TV screens, newspapers, internet and social media. Modern technologies, visual digital technologies, in particular, have a profound impact on the means and speed of communications across the globe and immensely facilitate the task of seeking information of all sort. In international law, images are a means for spreading knowledge about the practice of states and other actors. As with law in general, images are also found to be a valuable resource in explicating the rules of international law. They aid and clarify the analysis of international law and the determination of the existence and content of rules of customary international law. In contemporary international settings, however, modern technologies of visual representation are also a means for influencing the development of international law, i. e. the existence and content of international norms. Moreover, looking at implementation, at no time in history has there been more information available to governments and the public about violations of international norms (particularly, but not exclusively human rights violations): more and more these violations are documented through images. Yet, international law doctrines have failed so far to comprehensively assess the power of images, beyond that of a toolkit for thick cultural description – the power of narrative – and analysis. The present essay offers a contribution in this direction.
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Chukwu, Ruwhuoma. "A REVIEW OF INTERNATIONAL LAW AND TREATY RELATIONSHIP IN INTERNATIONAL RELATIONS." International Journal of Comparative Studies in International Relations and Development 8, no. 1 (January 12, 2022): 92–104. http://dx.doi.org/10.48028/iiprds/ijcsird.v8.i1.09.
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This work reviewed the reality of treaty relationship in International relations. As a notable tool in organization and community, law has directed and regulated relation among states especially in their pursuit of interests’ in the International arena. International law has been the rules put in place to guide these relationships. It is International law that has continued to set out principles and frame works that moderates and harmonizes State interests. International law is likened to customary law because it is a product of the conscience of State as there is a general repetition of similar acts that maintains international relations. International law has developed in accordance with the unfolding trends in International relations, notable among which is treaty relationships. A treaty is an agreement, formal or informal between States, governed by International law. The law of treaty according Umuozurike 1999, is more or less a codification of existing customary law on which International law is based upon. Treaty relationships in International law creates rights and obligations that give Parties contractual capacity in International law. To justify the importance of treaty in International relations, the work examined the element of Statehood as the major actor in International relations. The history of International relations traced back to the 1648 Peace of WestPhalia that ended the 30 years war gave States sovereign rights in International law. In the International system, the existence of sovereign authority is universally recognized as the essential qualification of its membership in the International community, where the United Nations has played very notable role. International Institution building has remained the most important transformation in the development of International relations. The establishment of the United Nations in 1945 marked a significant milestone in the history of International relations that this study made a slight analysis on. The laws governing treaty relationships was on the initiative of the United Nations in her quest to fulfil her aims and purpose to maintain International Peace and Security. States are bound by treaties duly entered into. From the definition of treaty, to the formalities in signing, to the ratification, reservation, registration and deposit, application and operations, to termination as reviewed, shows that treaties are very fundamental in the formation of International Law and International relations.
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Beyer, Judith, and Felix Girke. "The State of Custom: Gerd Spittler’s “Dispute settlement in the shadow of Leviathan” (1980) today." Zeitschrift für Rechtssoziologie 41, no. 1 (September 1, 2020): 3–20. http://dx.doi.org/10.1515/zfrs-2021-0002.
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Abstract In our article, we engage with the anthropologist Gerd Spittler’s pathbreaking article “Dispute settlement in the shadow of Leviathan” (1980) in which he strives to integrate the existence of state courts (the eponymous Leviathan’s shadow) in (post-)colonial Africa into the analysis on non-state court legal practices. According to Spittler, it is because of undesirable characteristics inherent in state courts that the disputing parties tended to rather involve mediators than pursue a state court judgment. The less people liked state courts, the more likely they were to (re-)turn to dispute settlement procedures. Now how has this situation changed in the last four decades since its publication date? We relate his findings to contemporary debates in legal anthropology that investigate the relationship between disputing, law and the state. We also show through our own work in Africa and Asia, particularly in Southern Ethiopia and Kyrgyzstan, in what ways Spittler’s by now classical contribution to the field of legal anthropology in 1980 can be made fruitful for a contemporary anthropology of the state at a time when not only (legal) anthropology has changed, but especially the way states deal with putatively “customary” forms of dispute settlement.
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Геннадий Геннадиевич, Небратенко, and Безручко Евгений Валерьевич. "CRIMINAL-LEGAL CHARACTERISTICS OF CRIMES AGAINST LIFE AND HEALTH IN COMMON LAW OF DON COSSACKS." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2023): 120–26. http://dx.doi.org/10.22394/2074-7306-2023-1-1-120-126.
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The article examines the criminal law issues of protecting human life and health as an integral part of the history of criminal law, coupled with theoretical and historical legal sciences. The authors consider the types and content of illegal acts, expressed in causing harm to human life and health, criminalized in the customary law of the Don Cossacks. The use of customs to regulate criminal law relations is a universal practice for early feudal states, such as Ancient Russia, as well as regional - for the Russian Empire. As a result, the authors conclude that historical and legal methodology is widely used in the formation of modern criminal law and that legal reception from foreign legislation is of secondary importance. At the same time, attention is drawn to the fact that the history of criminal law is currently considered an integral part of the criminal law sciences.
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Porath, Nathan. "‘They have not progressed enough’: Development's negated identities among two indigenous peoples (orang asli) in Indonesia and Thailand." Journal of Southeast Asian Studies 41, no. 2 (May 4, 2010): 267–89. http://dx.doi.org/10.1017/s0022463410000056.
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This paper is ethnographically concerned with two differentorang aslicommunities: the Meniq living in Southern Thailand and the Orang Sakai in Riau, Indonesia. The focus is on the different discursive rhetorics of development in the two nation-states. These rhetorics have been absorbed by the two indigenous groups to form part of their own modern cultural discourses within their respective countries. These rhetorics of development define the indigenous groups as somewhat lacking in culture and provide them with new understandings of themselves that devalue their customary way of life. The post-development indigenous identity work (such as the development of an ethno-cultural identity) will therefore usually be constructed through these negated developmental foundations.
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Čelkis, Tomas. "Senieji žmonės XIV–XVI a. Lietuvos Didžiosios Kunigaikštystės istorijos šaltiniuose. Kas jie?" Tautosakos darbai 66 (January 26, 2024): 121–34. http://dx.doi.org/10.51554/td.23.66.07.
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Various sources of the Grand Duchy of Lithuania (GDL) from the 14th–16th centuries quite frequently mention the old people. The author proposes a hypothesis that these individuals could have been connoisseurs and custodians of the customary law and the old tradition. They testified in the treaties between the GDL and the neighbouring countries, in which the borders of the states were determined, because, at that time, the “correct” borders were considered those that had been established for a long time, i. e. by the customs. These people tried to remember and indicate these borders. The old people used to participate in the GDL courts, in which issues of ownership, land boundaries, obligations, and evidence of the noble origins of the families were examined. Their primary task was to remember the “real” facts, i. e. the old ones. They did not attend the courts often, but, if necessary, the court officials would go and question them. Interestingly, the personal names of the old people who testified at courts were written down extremely rarely and for some reason these people usually remained anonymous. In addition, their age and the exact number of the old people who participated were rarely indicated. Some sources allow us assuming that in the courts, the old people were not only witnesses who remembered a lot and could speak about the past; they also represented the old customary law. At that time, the GDL courts were characterized by formalism, various customary rituals that distinguished between the examined events and emphasized their significance. Perhaps the old people observed what was said in the courts and how the other members of the community behaved, ensuring that things were done according to the established ancient norms. Thus, alongside the written law of the GDL, elements of the customary law also existed.
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Parks, Shoshaunna. "Winning Title to Land but Not to Its Past: The Toledo Maya and Sites of pre-Hispanic Heritage." International Journal of Cultural Property 18, no. 1 (February 2011): 111–29. http://dx.doi.org/10.1017/s0940739111000063.
Повний текст джерелаАнотація:
AbstractThe struggle for indigenous rights to pre-Hispanic cultural heritage parallels the struggle for indigenous land rights in Belize. By Belizean law, material objects and sites of activity older than 100 years in age are the property of the state. Similarly, land inhabited by indigenous communities in southern Belize is held in trust by the government. In 2007 the community of Santa Cruz in southern Belize won customary land tenure over their lands for the first time from the Belizean government. This change in land ownership presents new challenges to the definition of ownership of ancient places in Maya territory. In particular, the transfer of land rights to the community has potential implications for the ownership and management of the local pre-Hispanic site of Uxbenká that may ultimately serve as a paradigm for the future relationship between Maya peoples and ancestral remains throughout the nation.
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Peal, David. "Self-Help and the State: Rural Cooperatives in Imperial Germany." Central European History 21, no. 3 (September 1988): 244–66. http://dx.doi.org/10.1017/s0008938900012206.
Повний текст джерелаАнотація:
The consolidation of territorial states in Central Europe undermined the local customs and institutions that had shaped village life since the Middle Ages. By the end of the eighteenth century unitary law codes overrode rural customs. By distinguishing between public and private law, these codes stripped the organized village community of legal substance. Police and judicial functions once performed within the community were assumed by bureaucrats, and the state meddled with the use of local resources by liberalizing marriage and residence laws. Deprived of political autonomy, the village did remain the core economic and social unit in rural life, controlling access to communal forests and enforcing the rules of three-field agriculture. In the middle decades of the nineteenth century this limited autonomy was undermined as well. Freedom of contract, security of individual property, free transmission of property between generations, and commercialization of landed property struck at the ability of villages to control their material world in customary ways.
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Van der Schueren, Falco. "Des clercs qui se mesleront de faire lettres et obligations." Tijdschrift voor Rechtsgeschiedenis 88, no. 3-4 (December 23, 2020): 392–421. http://dx.doi.org/10.1163/15718190-00880a16.
Повний текст джерелаАнотація:
Summary During the late Middle Ages, the organisation of voluntary jurisdiction in the customary regions of the Southern Low Countries was strongly determined by local developments. While it thrived in the major bishoprics of Liège and Tournai as well as in the commercial centers of Flanders and Brabant, historiography long assumed that the notary public failed to integrate into society in the rural county of Hainaut. Competition with the more dominant aldermen and comital vassals or hommes de fief supposedly prevented notaries from institutionalising their role as private legal intermediaries. Yet, the long-held top-down perspective disregarded interactions between, and the mutual competition among these different ‘agents’, thus creating a unilateral view that emphasised the importance of existing or indigenous alternatives. This contribution aims to better comprehend the organisation of late-medieval voluntary jurisdiction in Hainaut, taking the co-existence of public notaries and hommes de fief into consideration. From a bottom-up approach, relying on contemporary documentary writing practices, it will demonstrate how they both employed pragmatic literacy to gain authority, claim fides publica, and consolidate their own institutional position as such. This paradigm shift offers a framework that nuances previous insights regarding the reception of and developments within the notarial office in late-medieval Hainaut.
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Benda-Beckmann, Franz von, and Keebet von Benda-Beckmann. "Myths and stereotypes about adat law: A reassessment of Van Vollenhoven in the light of current struggles over adat law in Indonesia." Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 167, no. 2-3 (2011): 167–95. http://dx.doi.org/10.1163/22134379-90003588.
Повний текст джерелаАнотація:
Recent analyses of the ‘revitalisation of tradition’ have rekindled earlier discussions of the ‘creation of customary law’ in colonial states. For Indonesia, critics have deconstructed a ‘myth of adat’, arguing that adat law was an invention of the adat law scholar Van Vollenhoven and his followers. The assessment of that period also shapes interpretations of developments in Indonesia after 1998. The purpose of this paper is to demonstrate that in some respects the critique of colonial scholarship was misconceived, and that these misconceptions hamper a proper understanding of the current revitalisation of adat in Indonesia. Many interpretations of colonial legal science and practice have become anachronistic and stereotypical. We argue that most interpretations were and are largely based on a legalistic conception of ‘law’ and ‘customary law’, that authors selectively generalise interpretations from specific contexts, and that they do not take into account what such interpretations say over legal realities beyond these contexts. Lastly we think that the target of the critique is somewhat misconceived as it is directed at those scholars who were aware of the danger of legal ethnocentrism and criticised it, while not looking at those colonial scholars and courts, who grossly misinterpreted local normative systems in terms of Dutch legal categories. We argue that some assumptions and propositions of these earlier and contemporary critical deconstructions are in need of re-evaluation. Given its presence in current analyses, reconsidering Van Vollenhoven and his followers is more than a return to a history long gone by. We substantiate our propositions with a discussion of the history of the village commons, ulayat, in West Sumatra, which has always been a central illustration in all discussions of adat law.
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Lasky, Bruce Avery, and Shuvro Prosun Sarker. "Clinical Legal Education and Its Asian Characteristics." Asian Journal of Legal Education 5, no. 1 (January 2018): 76–87. http://dx.doi.org/10.1177/2322005817750493.
Повний текст джерелаАнотація:
This article began with a consideration of the history and an evaluation of CLE in the United States, and it now moves on to evaluate the characteristics of CLE in Asia. However, using the term ‘Asian characteristic’ is somewhat amorphous. It can be quite vexing to try to define what is meant by Asia, as it is a broad continent with many nationalities, religions, ethnicities, languages and cultures. The same can be said for Asian legal systems, which possess a mixture of common law, civil law, Sharia law and customary law structures, often with a number of these structures existing within a single nation state. These legal systems have a multitude of roots and origins, with some dating back centuries and others having a more recent strong colonialist influence.
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Smith Naro, Nancy Priscilla. "Customary Rightholders and Legal Claimants to Land in Rio de Janeiro, Brazil, 1870-1890." Americas 48, no. 4 (April 1992): 485–517. http://dx.doi.org/10.2307/1006744.
Повний текст джерелаАнотація:
The transition from slave to free labor in the Americas involved many and varied forms of internal labor and land adjustments which affected slaves, landless farmers, and large scale producers in rural areas. Unlike Haiti and the United States South, the Brazilian process of emancipation was gradual and did not involve violent structural ruptures with the past. The Land Law of 1850, the Law of the Free Womb of 1871 and the 1885 Sexagenarian Law marked fundamental phases in an ongoing process of state participation in the organization of the free labor market, which culminated in Abolition on 13 May 1888, and the onset of the Republic on 15 November of the following year. Current analyses of the late nineteenth century emphasize continuity and define the state as its own agent, embarking on a course of conservative modernization which unfolded during the process of transition from the liberalism of a nineteenth-century empire to the interventionist Republic which was ushered in, in 1889. The planter class, joined with emerging but weak Brazilian industrial and financial sectors and upheld by the military, contributed to an Estado Oligárquico, in Marcelo Carmagnani's terminology, linked by coffee production into the world economy as a flourishing dependent peripheral economy. But the process, which until recently was associated with the coffee export sector and its relation to urbanization and industrialization, has now taken on broader dimensions. A developed domestic economy, composed of a complex and sophisticated internal food supply network, operated alongside the export economy throughout the nineteenth century. Although unstudied from the political perspective of small-scale food producers who were displaced by the coffee economy, the broader issue of food provision could not be dissociated from conservative modernization, the basic issues of which would be carried forth during the course of the First Republic in the form of “Ruralismo.”
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Kolla, Edward J. "Maritime Intercourse and the Commercial Origins of the Alien Tort Statute." Journal of the History of International Law 18, no. 4 (August 30, 2016): 395–419. http://dx.doi.org/10.1163/15718050-12340070.
Повний текст джерелаАнотація:
The Alien Tort Statute (ats) is one of the greatest enigmas of American legal history. Enacted in 1789, it was little used until the late 1970s, when foreigners notably began seeking compensation under its terms for human rights abuses committed around the world. Recently, the us Supreme Court seemed to put an end to this practice – but the ats is still of interest to historians. After the American War of Independence, Great Britain and the United States maintained a robust trade and close economic relationship. Many Americans saw the perpetuation of these ties as essential to the new republic’s prosperity. The ats helped frame the United States’ mercantile associations in terms of customary maritime and trade law; in particular, evidence suggests it aimed to provide a mechanism in us courts for the remedy of commercial disputes, especially with Americans’ former imperial overlord, in accordance with the contemporary law of nations.
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Tumurova, Anna. "The Distinction Between Private and Public Law in Relation to Their Genesis." Academic Law Journal 24, no. 4 (December 26, 2023): 448–56. http://dx.doi.org/10.17150/1819-0928.2023.24(4).448-456.
Повний текст джерелаАнотація:
The article states the unresolved problem in science of distinction of public and private. For the first time it is proposed to distinct between private and public law on the basis of their social functions at the stage of formation of legal relations in society, from the perspective of the genesis of law. We believe that the reconstruction of the social processes that have led to the formation of the law as a universal regulator of social relations can be performed by means of a retrospective interpretation of customary law norms. Upon that, we proceed from the assumption that specific historical forms of customary law may reflect the forms of the transition of society from the usurping economy to the producing economy. This process is the starting point for the formation of both private law and the establishment of power relations based on subordination, as opposed to the gender and age hierarchy of clan system. Consideration of these processes leads to conclusions about customary law as a universal source of private law. The law as an expression of the will of the state forms public law. The competition between these two sources of law creates particular features of the national legal system and reflects the relationship between the State and civil society. The genesis of legal institutions is connected with the legal awareness of the people and is expressed in social relations at more distant stages of development. An example of this is the historical facts of the past, which are well known to science. The history of annexation to Russia of Eastern Siberia and its predominantly Buryat clans is well known and described in a number of historical scientific publications. Therefore, the interpretation of well-known legal norms and legal documents of this period allows to reveal actual existing in historical times of the limits of legal regulation in private and public law. This leads to the conclusion that most civilizations have historically developed their optimal balance between state and society.
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Barber, Rebecca. "AN EXPLORATION OF THE GENERAL ASSEMBLY'S TROUBLED RELATIONSHIP WITH UNILATERAL SANCTIONS." International and Comparative Law Quarterly 70, no. 2 (February 26, 2021): 343–78. http://dx.doi.org/10.1017/s0020589321000026.
Повний текст джерелаАнотація:
AbstractThis article seeks to make sense of two seemingly contradictory aspects of the General Assembly's practice: its history of recommending to States that they impose unilateral sanctions; and its series of resolutions denouncing unilateral coercive measures as illegal. It examines the seeming discrepancy between the customary international law position regarding unilateral sanctions, and the position asserted by the Assembly, and argues that on a nuanced reading of the Assembly's resolutions, these positions are not so divergent as is often supposed. The article concludes by examining the scope for the Assembly to make future sanctions recommendations, consistently with its prior condemnation of unilateral coercive measures.
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Jenkins, Jeffery A., and Justin Peck. "Building Toward Major Policy Change: Congressional Action on Civil Rights, 1941–1950." Law and History Review 31, no. 1 (February 2013): 139–98. http://dx.doi.org/10.1017/s0738248012000181.
Повний текст джерелаАнотація:
The mid-1960s witnessed a landmark change in the area of civil rights policy in the United States. After a series of tortuous internal battles, with Southern legislators using all available procedural tools to maintain their states' discriminatory Jim Crow legal systems, the United States Congress adopted two statutes—the Civil Rights Act of 1964 and the Voting Rights Act of 1965—which insured civil and political equality for all Americans. The Acts of 1964 and 1965 were the culmination of a decade-long struggle by black Americans to secure the citizenship rights that had been denied to them for more than a half century. Beginning with the Brown v. Board of Education (1954) Supreme Court decision, the civil rights movement built momentum, as formal organizations like the National Association for the Advancement of Colored People (NAACP) grew in strength and informal (grass roots) organizations spread throughout the South and the Nation. As national public opinion shifted increasingly toward providing new civil rights guarantees for blacks, Congress responded with new legislation: the Civil Rights Act of 1957 (the first civil rights law since 1875), the Civil Rights Act of 1960, and a legislative proposal to prohibit the poll tax in 1962 (which would be ratified by three-quarters of the states in 1964 and become the 24th Amendment to the United States Constitution).
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Chacón, Mario, and Jeffrey Jensen. "Direct Democracy, Constitutional Reform, and Political Inequality in Post-Colonial America." Studies in American Political Development 34, no. 1 (April 2020): 148–69. http://dx.doi.org/10.1017/s0898588x1900018x.
Повний текст джерелаАнотація:
The ratification of constitutional changes via referendum is an important mechanism for constraining the influence of elites, particularly when representative institutions are captured. While this electoral device is commonly employed cross-nationally, its use is far from universal. We investigate the uneven adoption of mandatory referendums by examining the divergence between Northern and Southern U.S. states in the post-independence period. We first explore why states in both regions adopted constitutional conventions as the primary mechanism for making revisions to fundamental law, but why only Northern states adopted the additional requirement of ratifying via referendum. We argue that due to distortions in state-level representation, Southern elites adopted the discretionary referendum as a mechanism to bypass the statewide electorate when issues divided voters along slave-dependency lines. We demonstrate the link between biases to apportionment and opposition to mandatory referendums using a novel data set of roll calls from various Southern state conventions, including during the secession crisis of 1861.
36
Wahl, Jenny B. "American Slavery and the Path of the Law." Social Science History 20, no. 2 (1996): 281–316. http://dx.doi.org/10.1017/s0145553200021635.
Повний текст джерелаАнотація:
There is some soul of goodness in things evil,Would men observingly distill it out.— Shakespeare,Henry VFederal and state appellate court reporters for the 15 American slave states and the District of Columbia contain nearly 11,000 cases concerning slaves. In deciding these cases, southern judges formulated doctrines that would later become commonplace in other disputes. In fact, the common law of slavery, whether it concerned the sale, hiring, or accidental injury of a slave, looks far more like modern-day law than like antebellum law. Slave law, in many ways, helped blaze the path of American law generally.
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Xhelilaj, Ermal, and Osman Metalla. "The Fundamental Legal Notion and Codification of the International Law of the Sea." Interdisciplinary Journal of Research and Development 9, no. 1 (March 20, 2022): 1. http://dx.doi.org/10.56345/ijrdv9n101.
Повний текст джерелаАнотація:
The development of the public international law of the sea is considered a legal element inseparable from the historical-legal process of the adoption and development of international law in general. Although the basic concepts of general maritime legislation are found in the customary maritime law of ancient Rome and Greece, as well as in the rules of medieval maritime codes created by Hispanic, Italian, and English city-states between the 11th and XVth centuries in Europe, the law of the sea in the contemporary sense of the term, was adopted as a result of interrelations between European states with maritime interests during the period known as the modern or post-medieval era of history. International law of the sea, as it is considered today, developed only when the necessity of the creation of independent territorial states enabled the true development of international relations in Europe. This radical change in the international system, the beginnings of which can be found in the historical developments of the Conference of Westphalia in 1648, can not be considered a separate event, but reflects a complex process characterized by a slow and silent historical development of which has progressed from the sixteenth century onwards, to the twenty-first century.
Received: 27 December 2021 / Accepted: 10 March 2022 / Published: 20 March 2022
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Pochekaev, Roman Yu. "The Law of the Mongols as Seen by John of Plano Carpini: Historical Legal Verification." Golden Horde Review 10, no. 1 (March 29, 2022): 8–31. http://dx.doi.org/10.22378/2313-6197.2022-10-1.8-31.
Повний текст джерелаАнотація:
Research objectives: The goal of the article is a comparative analysis of information recorded by John of Plano Carpini on Mongolian and Mongol Empire law, along with other sources on the Mongolian law and legal traditions aimed at determining the objectivity of diplomat’s materials and observing the evolution of traditional law of the Mongols. Research materials: Verification is carried out on the basis of the work “The Story of the Mongols Whom We Call the Tartars” by John of Plano Carpini, making comparisons with the corpus of other historical sources, including travelers’ notes and historical chronicles by authors of the medieval and modern eras, as well as materials of ethnographic research on the legal traditions of nomadic peoples of Eurasia. The novelty of the study: The presented article is the first attempt to compare the information of John of Plano Carpini on the customary and imperial law of the Mongols with other sources on Mongolian law to observe certain legal traditions of the Mongols and the evolution of law among the Eurasian nomads. Research results: The author has found that the majority of information from John of Plano Carpini on Mongolian law in the middle of thirteenth century can be characterized as objective as it is confirmed by the data from independent sources dating from the thirteenth to nineteenth centuries. These include testimonies of other foreign travelers who visited Mongolia in different epochs, medieval historical chronicles, studies resulting from ethnographic research, etc. Besides that, the value of the information of the diplomat is emphasized within the context of comparative legal research on the history of the state and law of the Mongol Empire and Chinggisid states.
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Рафалюк, Елена, and Elena Rafalyuk. "Axiological Approach in International Law." Journal of Russian Law 3, no. 10 (October 5, 2015): 0. http://dx.doi.org/10.12737/13256.
Повний текст джерелаАнотація:
The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.
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Daly, Samuel Fury Childs. "The Portable Coup: The Jurisprudence of ‘Revolution’ in Uganda and Nigeria." Law and History Review 39, no. 4 (November 2021): 737–64. http://dx.doi.org/10.1017/s0738248021000444.
Повний текст джерелаАнотація:
In the years after independence, former British colonies in eastern and southern Africa struggled to fill the ranks of their judiciaries with African judges. Beginning in the mid-1960s, states including Uganda, Tanzania, and Botswana solved this problem by retaining judges from the Caribbean and West Africa, especially Nigeria. In this same period, a wave of coups brought many independent states under the rule of their militaries (or authoritarian civilian regimes). Foreign judges who had been appointed in the name of pan-African cooperation were tasked with interpreting the laws that soldiers imposed, and assessing the legitimacy of regimes born of coups. The decisions they rendered usually accommodated authoritarianism, but they could also be turned against it. To understand how colonial law and postcolonial solidarities shaped Africa's military dictatorships, this article focuses on one judge, Sir Egbert Udo Udoma of Nigeria, who served as Uganda's first African chief justice and was an influential member of the Nigerian Supreme Court. Udoma and other judges like him traversed the continent in the name of African cooperation, making a new body of jurisprudence as they did so. Their rulings were portable, and they came to underpin military rule in many states, both in Africa and in the wider Commonwealth.
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PETROV, I. G. "EXPEDITION RESEARCHES BY R.G. KUZEEV ON THE STUDY OF BASKIR TRIBAL SIGNS IN 1975-1982SS." Izvestia Ufimskogo Nauchnogo Tsentra RAN, no. 3 (September 16, 2022): 94–100. http://dx.doi.org/10.31040/2222-8349-2022-0-3-94-100.
Повний текст джерелаАнотація:
One of the little-studied documents of the scientific heritage of the outstanding scientist-ethnologist R.G. Kuzeev are his field diaries. They are the result of many years of expedition research by the scientist and cover the period from 1952 to 1982. They contain information concerning ethnogenesis, ethnic history, tribal structure, land use system, customary law, history of settlements, toponymy of Bashkirs. A lot of interesting and valuable things can also be learned in them about Bashkir economic occupations and crafts, settlements, dwellings, decorative and applied arts, historical legends, legends. Field diaries also show that their content directly depended on the scientific tasks that the researcher set for himself. In 1953-1955, as well as in 1965-1974, R.G. Kuzeev collected materials on the history of settlement, tribal composition, remnants of the patriarchal-tribal way of life, tribal signs, customary law, land use system, land relations and social organization of Bashkirs. In 1956-1961, together with colleagues from Leningrad and Ufa, he joined in the collection and generalization of materials on the decorative and applied art of Bashkirs. In 1975-1982, the scientist focused his attention on a systematic and large-scale study of Bashkir tamgas - tribal signs. This publication tells about how the scientist, since the 50s of the twentieth century, nurtured this idea and implemented it during expedition research in the 70-80-ies of the twentieth century. Although R.G. Kuzeev did not have time to complete the monograph on this topic to the end, he made a significant contribution to the collection, accumulation and scientific interpretation of the phenomenon of Bashkir tamgas, and also drew attention to their inexhaustible source value. In addition, he left behind a unique body of expedition drawings and photographs, which in all their diversity reflect the ethnic and regional characteristics of the tribal signs of the Bashkirs in the Southern Urals.
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Currie, Elliot. "Confronting the North’s South: On Race and Violence in the United States." International Journal for Crime, Justice and Social Democracy 6, no. 1 (March 1, 2017): 23–34. http://dx.doi.org/10.5204/ijcjsd.v6i1.382.
Повний текст джерелаАнотація:
More than any other ‘Northern’ country, the United States is distinctive in the degree to which its social, economic, and cultural development has been entwined with the global South from the beginning: and we cannot adequately understand the state of crime and punishment in the US without taking that uniquely ‘Southern’ history into account. In this paper, I sketch some of the dimensions of one crucial reflection of that Southern legacy: the extraordinary racial disparities in the experience of violent death between African-Americans and Whites. These disparities contribute substantially to radically different patterns of life and death between the races, and constitute a genuine social and public health emergency. But their structural roots remain largely unaddressed; and in some respects, the prospects for seriously confronting these fundamental inequalities may be receding.
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Pooe, T. K. "Has it Reinvented Iron Law? South Africa’s Social Industrialisation, not Iron Industrialisation." Law and Development Review 11, no. 2 (June 26, 2018): 467–511. http://dx.doi.org/10.1515/ldr-2018-0027.
Повний текст джерелаАнотація:
Abstract This paper examines whether the current South African legal framework and subsequent policies post-1994 encourage and have emphatically fostered industrialisation in South Africa primarily and Southern Africa more generally. The primary contention of this paper is that the South African State, unlike fellow Southern African States, has a long history with industrialisation and should have laid the foundations for Southern Africa’s large scale industrialisation trajectory. However, the post-1994 government vision for South Africa has never had a Law and Development philosophy that prioritises and fosters industrialisation. Industrial Promotion in Africa, is understood as being concerned with drafting, strategically implementing and investing in industrially minded action plans. Through the prism of Local Economic Development policy and legislation in the Sedibeng region, this paper contends that industrialisation is still a farfetched endeavour despite industrially minded policies like the New Growth Path and the Industrial Policy Action Plans in South Africa. Moreover, South Africa’s industrialisation agenda is compromised by the Law and Development philosophy of the African National Congress led government. At the core of this philosophy is an overestimation of social justice activity like Human Rights promotion at the expense of Asian Developmental States’ non-human rights approach to economic development activity, like industrialisation in rural and township regions of South Africa.
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Banks, Cyndi. "Protecting the Rights of the Child: Regulating Restorative Justice and Indigenous Practices in Southern Sudan and East Timor." International Journal of Children's Rights 19, no. 2 (2011): 167–93. http://dx.doi.org/10.1163/157181810x513225.
Повний текст джерелаАнотація:
AbstractThe Convention on the Rights of the Child has globalized child rights and child protection by setting international norms, which include a mandate to apply restorative justice practices in juvenile justice laws and procedures. In some states, restorative justice has long been a practice in communities and legislating to give effect to the CRC has involved codifying, modifying and regulating existing community restorative practices with the intention of incorporating adaptations of those practices under new laws. In Southern Sudan and East Timor, both of which have suffered extreme violence and conflict, lifestyles are predominately traditional and values and beliefs concerning family and children, remain rooted in custom. Both have drafted laws that attempt to incorporate traditional restorative practices and give effect to the norms of the Convention. Examining the provisions of each proposed law reveals how culture will be enacted and regulated for the benefit of children and the extent to which the international rights discourse embodied in these proposed laws is congruent with customary and traditional values and beliefs about children. A comparative examination of the two draft laws, contextualized according to local cultures, provides insights into policy choices about the incorporation of culture and the relationship between international norms of child protection and traditional restorative practices.
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Fede, Andrew. "Legitimized Violent Slave Abuse in the American South, 1619-1865: A Case Study of Law and Social Change in Six Southern States." American Journal of Legal History 29, no. 2 (April 1985): 93. http://dx.doi.org/10.2307/844931.
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Lis, Artur. "Kultura prawna w Polsce przed założeniem Akademii Krakowskiej." Opolskie Studia Administracyjno-Prawne 15, no. 2 (June 30, 2017): 37–60. http://dx.doi.org/10.25167/osap.1270.
Повний текст джерелаАнотація:
Culture is a very complex reality of human existence, which is comprehended in its different aspects. By the object of culture they are all products of human activity, events, behaviors ordered in certain examples present in societies in the form of rules of conduct which are determined by customs, morality and legal regulations. The acceptance of Baptism by Mieszko I of Poland in 966 was the turning point in the Polish history. The country of the first Polish Piast was rooted in the culture of the international community of European states. This situation favored the influence of certain rights of the foreign Polish legal system. In the then practice of Slavic states, the legal system was based on a tribal customary law (i.e., universally recognized, time-honored form of behaving, accepted in the given social community). From the 12th and 13th centuries the knowledge of Roman law and canon law broadened in Poland. During this period, developing the legal thought was based on both types of law. Knowledge of those systems derived from various sources. This process was used for the import of legal manuscripts of Roman and canonistic study to Poland. An example of the reception of Roman law and canon law in Poland until the beginning of the 13th century is the Chronicle of Poland by Master Vincent called Kadlubek (c. 1150–1223). The document is one of the most important and most abundant sources of law in this period.
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Milisavljevic, Bojan. "Diplomatic protection in international law and the United Nations." Zbornik Matice srpske za drustvene nauke, no. 145 (2013): 667–81. http://dx.doi.org/10.2298/zmsdn1345667m.
Повний текст джерелаАнотація:
The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.
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Mańko, Rafał. "PRAWO RZYMSKIE JAKO ŹRÓDŁO PRAWA W AFRYCE POŁUDNIOWEJ." Zeszyty Prawnicze 3, no. 1 (March 29, 2017): 139. http://dx.doi.org/10.21697/zp.2003.3.1.05.
Повний текст джерелаАнотація:
ROMAN LAW AS A SOURCE OF LAW IN SOUTHERN AFRICASummary Roman law is usually regarded as an object o f historic study and not as a practical discipline of the legal science. However, the situation is different in six South African states - the Republic of South Africa, Zimbabwe, Lesotho, Swaziland, Botswana and Namibia - which have preserved the uncodified ius commune europaeum brought by the Dutch to the Cape of Good Hope in the 17th century.The hierarchy of the fontes iuris oriundi in the South African legal system seems to be the following: the Constitution, statutes, customary law, case-law, Roman-Dutch law and Roman law. The position occupied by Roman law is in fact only subsidiary, however it is a source of law and is referred to from time to time in the case-law. On the other hand it permeates the whole legal system which is based on fundamental notions derived from Roman law, which have been preserved and developed in the treatises of the Roman-Dutch jurists and the case-law of the courts.The frequency o f citations of Roman law in the South African case-law has been an object of two major studies. One, conducted by Van Der Merve concerned the period 1970-1979, the other, by Du Plessis - took into account the cases of 1990-1991. The studies revealed that Roman sources are cited in 4,7-4,8% of the case-law. According to another study by Zimmermann, only in half o f those cases the Roman sources were relevant for deciding the case.Nevertheless, it is submitted that these figures should be treated as significant, especially when compared with the position occupied by Roman sources in the modern case law in other civilian jurisdictions.
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Stevens, Michelle. "Application of International Water Law in Eden: Environmental Protection of the Mesopotamian Marshes in Southern Iraq." Wetland Science & Practice 32, no. 3 (September 2015): 17–27. http://dx.doi.org/10.1672/ucrt083-277.
Повний текст джерелаАнотація:
Southern Iraq’s Mesopotamian Marshes are fed by the Tigris and Euphrates watercourses. Conflicts in the Tigris-Euphrates Basin over water use and quality are among the most contentious in the world. Increased upstream water withdrawals exacerbated by desertification and regional changes in precipitation and temperature have created a serious water shortage that is becoming increasingly severe. These wetlands need cooperation, reasonable use, and no harm by all watercourse states, especially Turkey, in order to guarantee their survival and conservation. Recent history has not been kind to the Mesopotamian Marshes of southern Iraq or the people that inhabit them. The area has been the scene of three wars and military conflicts over water.
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Pearson, Susan J. "Birth Registration and the Administration of White Supremacy." Modern American History 5, no. 2 (July 2022): 117–41. http://dx.doi.org/10.1017/mah.2022.13.
Повний текст джерелаАнотація:
Birth registration formed a key part of the administration of white supremacy between Reconstruction and World War II. In the allotment of Indigenous lands and the enforcement of de jure segregation by states, birth registration served an important ideological and administrative function. Because allotment policy combined property transmission with family reorganization, it made documentation of identity more important to the federal Indian Office. The Office imposed nuclear family structures on complex kin networks to establish access to land title, and it used documentation to alter family relationships to fit with American property law. During the same years, southern states used birth registration to fix racial identity in order to determine access to school, marriage, and many other benefits. Racial classification through birth registration, in other words, worked less to record the truth than to help produce it.