The Journal of Legal Pluralism and Unofficial Law 62/2010 PDF Download

Author: Melanie Wiber
Publisher: LIT Verlag Münster
ISBN: 3643998953
Category : Law
Languages : en
Pages : 167

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Brauchler examines the Indonesian decentralisation process and the revival of tradition and cultural self-determination in the Moluccas. Tuori studies restatements and codifications of customary laws in Africa. Harboe Knudsen considers European Union regulation of the marketing of dairy products in Lithuania. Douglas and Hersi examine the attitudes of Muslims to the smoking of khat. Simarmata studies the contrast between Indonesian state law and local officials' practice regarding natural resources use in East Kalimantan.

Author: M. G. Wiber
Publisher: LIT Verlag Münster
ISBN: 3643998651
Category : Law
Languages : en
Pages : 223

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Book Description
This volume includes the following contributions: All Law Is Plural: Legal Pluralism and the Distinctiveness of Law * Plural Legal Orders of Land Use * Could Singapore's Legal Pluralism Work in Australia? * Substantive Equality and Maternal Mortality in Nigeria * An Institutional Perspective on Courts of Law in Colonial and Postcolonial Settings * Comparative Law at the Intersection of Religious and Secular Orders (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 65)

Author:
Publisher: LIT Verlag Münster
ISBN: 3643998694
Category :
Languages : en
Pages : 227

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Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author: Bernhard Platzdasch
Publisher: Institute of Southeast Asian Studies
ISBN: 9814519642
Category : Social Science
Languages : en
Pages : 464

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"This book fills a gap in authoritative analyses of the causes of inter-religious conflict and the practice of religious toleration. The rise of more overt expressions of Islamic piety and greater bureaucratization of Islam in both Indonesia and Malaysia over several decades have tested the "live and let live" philosophy which used to characterize religious expression in these nations. The analyses in each chapter of the book break new ground with contextualized studies of particular and recent incidents of conflict or harassment in a variety of areas – from urban centres to more remote and, even complex, locations. As these studies show, legislation stands or falls on the ability and determination of local authorities to enforce it. This volume is essential reading for understanding the dynamics of state-religious interaction in Muslim majority nations and the crucial role civil society organizations play in negotiating interfaith toleration." - Emeritus Professor Virginia Hooker FAHA, Department of Political & Social Change College of Asia & the Pacific, The Australian National University "A most welcome contribution to the academic discourse of political Islam in Indonesia and Malaysia! For this volume focuses not on Islamic resurgence as many others have done, but on the impact of Islamic resurgence upon its non-Muslim minority counterparts - Buddhists, Christians, Hindus and also the Syiah Muslims - in the two plural societies, and the varying responses of those minorities, themselves often fragmented, to Islamic resurgence. The rich case studies highlight the changing character of politics in the two countries and their capacities to deal with religious diversity, an aspect of politics often ignored because of the usual concern for economic and political institutional capacities. The juxtaposition of Malaysian and Indonesian cases in a single volume and comparisons of contrasting developments in the two countries, challenges readers not to resort to easy conclusions and overgeneralizations about rising inter-religious tensions, but to give more scholarly attention to this politics-religion diversity nexus." - Emeritus Professor Francis Loh Kok Wah, Department of Political Science, Universiti Sains Malaysia

Author: Joanna Bourke Martignoni
Publisher: Taylor & Francis
ISBN: 1000688011
Category : Business & Economics
Languages : en
Pages : 291

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This volume explores agricultural commercialization from a gender equality and right to food perspective. Agricultural commercialization, involving not only the shift to selling crops and buying inputs but also the commodification of land and labour, has always been controversial. Strategies for commercialization have often reinforced and exacerbated inequalities, been blind to gender differences and given rise to violations of the human rights to food, land, work and social security. While there is a body of evidence to trace these developments globally, impacts vary considerably in local contexts. This book systematically considers these dynamics in two countries, Cambodia and Ghana. Profoundly different in terms of their history and location, they provide the basis for fruitful comparisons because they both transitioned to democracy in the early 1990s, made agricultural development a priority, and adopted orthodox policies of commercialization to develop the sector. Chapters illustrate how commercialization processes are gendered, highlighting distinctive gender, ethnic and class dynamics in rural Ghana and Cambodia and the different outcomes these generate. They also show the ways in which food cultures are changing and the often-problematic impact of these changes on the safety and quality of food. Specific policies and legal norms are examined, with chapters addressing the development and implementation of frameworks on the right to food and land administration. Overall, the volume brings into relief multiple dimensions shaping the outcomes of processes of commercialization, including gender orders, food cultures, policy translation, national and sub-national policies, corporate investments and programmes, and formal and informal legal norms. In doing so, it offers insight not only on our case countries, but also provides proposals to advance rights-based research on food security. This book will be of great interest to students and scholars of food security, agricultural development and economics, gender, human rights and sustainable development.

Author: Pontian N. Okoli
Publisher: Kluwer Law International B.V.
ISBN: 9403511125
Category : Law
Languages : en
Pages : 373

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In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.

Author: Fiona Nunan
Publisher: Routledge
ISBN: 0429626649
Category : Nature
Languages : en
Pages : 293

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Book Description
In one volume, this book brings together a diversity of approaches, theory and frameworks that can be used to analyse the governance of renewable natural resources. Renewable natural resources are under pressure, with over-exploitation and degradation raising concern globally. Understanding governance systems and practice is essential for developing effective and fair solutions. This book introduces readers to key concepts and issues concerned with the governance of renewable natural resources and illustrates the diversity of approaches, theories and frameworks that have been used to analyse governance systems and practice. Each chapter provides an introduction to an area of literature and theory and demonstrates application through a case study. The book covers a range of geographical locations, with a focus on low- and middle-income countries, and several types of natural resources. The approaches and theories introduced include common property theory, political ecology, institutional analysis, the social -ecological systems framework and social network analysis. Findings from across the chapters support an analytical focus on institutions and local context and a practical focus on diverse, flexible and inclusive governance solutions. The book serves as an essential introduction to the governance of renewable natural resources for students, researchers and practitioners.

Author: Margaretha Wewerinke-Singh
Publisher: Routledge
ISBN: 0429536488
Category : Law
Languages : en
Pages : 306

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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: Ernst Hirsch Ballin
Publisher: Springer Nature
ISBN: 946265431X
Category : Law
Languages : en
Pages : 345

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Book Description
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.