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Author: Deborah Isser Publisher: US Institute of Peace Press ISBN: 1601270666 Category : History Languages : en Pages : 402
Book Description
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Author: Deborah Isser Publisher: US Institute of Peace Press ISBN: 1601270666 Category : History Languages : en Pages : 402
Book Description
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Author: Laura Nader Publisher: Univ of California Press ISBN: 0520341805 Category : Social Science Languages : en Pages : 467
Book Description
As conflict resolution becomes increasingly important to urban and rural peoples around the globe, the value of this classic anthology of studies of process, structure, comparison, and perception of the law is acclaimed by policy makers as well as anthropologists throughout the world. The case studies include evidence from Africa, Europe, the Americas, and Oceania, and they reflect the important shift from a concern with what law is to what law does.
Author: Bronwen Manby Publisher: African Minds ISBN: 1936133296 Category : Law Languages : en Pages : 121
Book Description
Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
Author: Margit van Wessel Publisher: Taylor & Francis ISBN: 1000843335 Category : Social Science Languages : en Pages : 315
Book Description
At a time when uneven power dynamics are high on development actors’ agenda, this book will be an important contribution to researchers and practitioners working on innovation in development and civil society. While there is much discussion of localization, decolonization and ‘shifting power’ in civil society collaborations in development, the debate thus far centers on the aid system. This book directs attention to CSOs as drivers of development in various contexts that we refer to as the Global South. This book take a transformative stance, reimagining roles, relations and processes. It does so from five complementary angles: (1) Southern CSOs reclaiming the lead, 2) displacement of the North–South dyad, (3) Southern-centred questions, (4) new roles for Northern actors, and (5) new starting points for collaboration. The book relativizes international collaboration, asking INGOs, Northern CSOs, and their donors to follow Southern CSOs’ leads, recognizing their contextually geared perspectives, agendas, resources, capacities, and ways of working. Based in 19 empirically grounded chapters, the book also offers an agenda for further research, design, and experimentation. Emphasizing the need to ‘Start from the South’ this book thus re-imagines and re-centers Civil Society collaborations in development, offering Southern-centred ways of understanding and developing relations, roles, and processes, in theory and practice. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Funded by Wageningen University.
Author: William Burnett Harvey Publisher: Princeton University Press ISBN: 1400875587 Category : Political Science Languages : en Pages : 467
Book Description
While Professor of Law and Dean of the Faculty of Law at the University of Ghana from 1962 to 1964, the author personally observed the evolving legal order in Ghana during a crucial period in that country's development. Here, he considers statutes and judicial decisions. Working from the premise that law is a value-neutral technique of social ordering and derives its value content from a dominant elite, Professor Harvey places the important Ghanaian constitutional and legal developments in their social context. He concludes that although democratic values have dominated the basic structure of public power, autocratic values have determined the realities of political life in Ghana. Originally published in 1966. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Jeanmarie Fenrich Publisher: Cambridge University Press ISBN: 1139497820 Category : Law Languages : en Pages : 563
Book Description
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
Author: Deborah Isser
Author: Deborah Isser
Author: Laura Nader
Author: 
Author: Bronwen Manby
Author: Margit van Wessel
Author: 
Author: Emile Adriaan Benvenuto van Rouveroy van Nieuwaal
Author: William Burnett Harvey
Author: Jeanmarie Fenrich
Author: George L. Huttar