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Author: René Kuppe Publisher: Martinus Nijhoff Publishers ISBN: 9789041103895 Category : Law Languages : en Pages : 342
Book Description
The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people & the law to which they are subject. Most of the contributions to Volume 9 were presented at the IXth International Symposium of the Commission on Folk Law & Legal Pluralism, & focus on the subject of 'Natural Resources, Environment, & Legal Pluralism'. The natural resources which form the environment of rural people are subject to increasing pressures. Intensive forms of resource extraction increasingly endanger the continued availability & ecological quality of land, forest & water resources. Especially in regions inhabited by indigenous peoples, struggles over the control & social & economic function of natural resources are directly linked to conflicts over political & economic self-determination. Inevitably, the different legal systems, & the substantive & procedural possibilities they provide, become involved in struggles over political, economic & ecological values & objectives. The focus on natural resource management issues therefore is a particularly fruitful field to examine the contemporary functions of folk law in complex legal & economic systems.
Author: René Kuppe Publisher: Martinus Nijhoff Publishers ISBN: 9789041103895 Category : Law Languages : en Pages : 342
Book Description
The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people & the law to which they are subject. Most of the contributions to Volume 9 were presented at the IXth International Symposium of the Commission on Folk Law & Legal Pluralism, & focus on the subject of 'Natural Resources, Environment, & Legal Pluralism'. The natural resources which form the environment of rural people are subject to increasing pressures. Intensive forms of resource extraction increasingly endanger the continued availability & ecological quality of land, forest & water resources. Especially in regions inhabited by indigenous peoples, struggles over the control & social & economic function of natural resources are directly linked to conflicts over political & economic self-determination. Inevitably, the different legal systems, & the substantive & procedural possibilities they provide, become involved in struggles over political, economic & ecological values & objectives. The focus on natural resource management issues therefore is a particularly fruitful field to examine the contemporary functions of folk law in complex legal & economic systems.
Author: Maarten Bavinck Publisher: Routledge ISBN: 1135048991 Category : Business & Economics Languages : en Pages : 215
Book Description
Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.
Author: Paul Schiff Berman Publisher: Oxford University Press, USA ISBN: 0197516742 Category : Law Languages : en Pages : 1133
Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author: Margaretha Wewerinke-Singh Publisher: Routledge ISBN: 0429536488 Category : Law Languages : en Pages : 306
Book Description
This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.
Author: Ruth S. Meinzen-Dick Publisher: ISBN: Category : Legal polycentricity Languages : en Pages : 36
Book Description
This paper illustrates the implications of legal pluralism for our understanding of natural resource management and policies toward resource tenure, using the example of water rights.
Author: Tamatoa Bambridge Publisher: ANU Press ISBN: 1925022919 Category : Law Languages : en Pages : 283
Book Description
This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
Author: Kalpana Kannabiran Publisher: Taylor & Francis ISBN: 1000607828 Category : Law Languages : en Pages : 327
Book Description
Routledge Readings on Law, Development and Legal Pluralism presents some of the finest essays on social justice, environment, rights and governance. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding the harm and risk relating to biodiversity, agro-ecology, disaster and forest rights. The book covers critical themes such as ecology, families and governance and establishes the trajectory of contemporary ecology and law in South Asia. The thirteen chapters in the volume, divided into three sections, trace violence and marginality in the plurality of families and their laws in India, as well as discuss community-based just practices. With debates on development, governance and families, the book highlights the politics and practices of law making, law reform and law application. This multidisciplinary volume foregrounds the politics and plural lives of/in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject. This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality, kinship and indigeneity studies. It will serve as essential reading for those in law, socio-legal studies, environment studies and ecology, social exclusion studies, development studies, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, environmentalists and those in public administration.
Author: René Kuppe
Author: René Kuppe
Author: Maarten Bavinck
Author: René Kuppe
Author: Rene Kuppe
Author: Toon van Meijl
Author: Paul Schiff Berman
Author: Margaretha Wewerinke-Singh
Author: Ruth S. Meinzen-Dick
Author: Tamatoa Bambridge
Author: Kalpana Kannabiran