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Author: Minoti Chakravarty-Kaul Publisher: ISBN: Category : Business & Economics Languages : en Pages : 346
Book Description
This book seeks to dispel the notion that communally held resources are necessarily open to private exploitation and misuse. It argues that customary law and institutions of property rights were devised by village communities to check the misuse of common property resources.
Author: Minoti Chakravarty-Kaul Publisher: ISBN: Category : Business & Economics Languages : en Pages : 346
Book Description
This book seeks to dispel the notion that communally held resources are necessarily open to private exploitation and misuse. It argues that customary law and institutions of property rights were devised by village communities to check the misuse of common property resources.
Author: Ulla Secher Publisher: Bloomsbury Publishing ISBN: 1782253769 Category : Law Languages : en Pages : 542
Book Description
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Author: Peter Karsten Publisher: Cambridge University Press ISBN: 9780521792837 Category : History Languages : en Pages : 584
Book Description
Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.
Author: Ulla Secher Publisher: Bloomsbury Publishing ISBN: 1782253777 Category : Law Languages : en Pages : 667
Book Description
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Author: Brendan Tobin Publisher: Routledge ISBN: 1317697545 Category : Law Languages : en Pages : 325
Book Description
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
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: Derek Wall Publisher: MIT Press ISBN: 0262534703 Category : Nature Languages : en Pages : 184
Book Description
An argument that the commons is neither tragedy nor paradise but can be a way to understand environmental sustainability. The history of the commons—jointly owned land or other resources such as fisheries or forests set aside for public use—provides a useful context for current debates over sustainability and how we can act as “good ancestors.” In this book, Derek Wall considers the commons from antiquity to the present day, as an idea, an ecological space, an economic abstraction, and a management practice. He argues that the commons should be viewed neither as a “tragedy” of mismanagement (as the biologist Garrett Hardin wrote in 1968) nor as a panacea for solving environmental problems. Instead, Walls sees the commons as a particular form of property ownership, arguing that property rights are essential to understanding sustainability. How we use the land and its resources offers insights into how we value the environment. After defining the commons and describing the arguments of Hardin's influential article and Elinor Ostrom's more recent work on the commons, Wall offers historical case studies from the United States, England, India, and Mongolia. He examines the power of cultural norms to maintain the commons; political conflicts over the commons; and how commons have protected, or failed to protect ecosystems. Combining intellectual and material histories with an eye on contemporary debates, Wall offers an applied history that will interest academics, activists, and policy makers.
Author: Boudewijn Bouckaert Publisher: Edward Elgar Publishing ISBN: 1849806519 Category : Law Languages : en Pages : 351
Book Description
This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.
Author: Manfred Hinz Publisher: African Books Collective ISBN: 9991642951 Category : Law Languages : en Pages : 584
Book Description
Customary Law Ascertained Volume 1 is the first of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities. It contains the laws of the Owambo, Kavango, and Caprivi communities. Volume 2 contains the customary laws of the Bakgalagari, the Batswana ba Namibia and the Damara communities. Volume 3 contains the customary laws of the Nama, Ovaherero, Ovambanderu, and San communities. Recognised traditional authorities in Namibia are expected to ascertain the customary law applicable in their respective communities after consultation with the members of that community, and to note the most important aspect of such law in written form. This series is the result of that process. It has been facilitated by the Human Rights and Documentation Centre of the University of Namibia, through the former Dean of the Law Faculty, Professor Manfred Hinz.
Author: Minoti Chakravarty-Kaul
Author: Minoti Chakravarty-Kaul
Author: Ulla Secher
Author: Peter Karsten
Author: Ulla Secher
Author: Brendan Tobin
Author: Jeanmarie Fenrich
Author: Derek Wall
Author: Boudewijn Bouckaert
Author: Manfred Hinz
Author: Punjab (India)