The Nature Of Customary Law

Author : Amanda Perreau-Saussine,James B. Murphy
Publisher : Cambridge University Press
Page : 322 pages
File Size : 52,9 Mb
Release : 2007-05-17
Category : Law
ISBN : 9781139463218

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The Nature of Customary Law by Amanda Perreau-Saussine,James B. Murphy Pdf

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

Author : Amanda Perreau-Saussine,James B. Murphy
Publisher : Cambridge University Press
Page : 352 pages
File Size : 53,6 Mb
Release : 2009-07-16
Category : Law
ISBN : 0521115566

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The Nature of Customary Law by Amanda Perreau-Saussine,James B. Murphy Pdf

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

Author : Taslim Olawale Elias
Publisher : Manchester University Press
Page : 342 pages
File Size : 45,9 Mb
Release : 1956
Category : Customary law
ISBN : 0719002214

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The Nature of African Customary Law by Taslim Olawale Elias Pdf

Author : Amanda Perreau-Saussine,James Bernard Murphy
Publisher : Unknown
Page : 338 pages
File Size : 46,9 Mb
Release : 2007
Category : Customary law
ISBN : 1107172322

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The Nature of Customary Law by Amanda Perreau-Saussine,James Bernard Murphy Pdf

A group of philosophers, historians and lawyers assess the nature and significance of customary law.

Author : Noora Arajärvi
Publisher : Routledge
Page : 194 pages
File Size : 41,6 Mb
Release : 2014-04-24
Category : Law
ISBN : 9781134067275

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The Changing Nature of Customary International Law by Noora Arajärvi Pdf

This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

Author : Jeanmarie Fenrich,Paolo Galizzi,Tracy E. Higgins
Publisher : Cambridge University Press
Page : 563 pages
File Size : 42,9 Mb
Release : 2011-07-18
Category : Law
ISBN : 9781139497824

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The Future of African Customary Law by Jeanmarie Fenrich,Paolo Galizzi,Tracy E. Higgins Pdf

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 : T O (Taslim Olawale) Elias
Publisher : Hassell Street Press
Page : 340 pages
File Size : 47,5 Mb
Release : 2021-09-10
Category : Electronic
ISBN : 1015080448

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The Nature of African Customary Law by T O (Taslim Olawale) Elias Pdf

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : James Bernard Murphy
Publisher : Oxford University Press, USA
Page : 162 pages
File Size : 40,9 Mb
Release : 2014
Category : Law
ISBN : 9780199370627

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The Philosophy of Customary Law by James Bernard Murphy Pdf

This book attempts to bring greater theoretical clarity to the often murky topic of custom by showing that custom must be analysed into two more logically basic concepts: convention and habit. Customs are conventional habits and habitual conventions. Once we have a clearer understanding of custom we can better grasp the many roles that custom plays in a legal system.

Author : Francesca Iurlaro
Publisher : Oxford University Press
Page : 305 pages
File Size : 51,8 Mb
Release : 2021-12-23
Category : Law
ISBN : 9780192652829

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The Invention of Custom by Francesca Iurlaro Pdf

The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

Author : He Hong Mu Xiuping,Eliza Kissya,Yanes
Publisher : Unknown
Page : 57 pages
File Size : 46,5 Mb
Release : 2010
Category : Customary law
ISBN : 6169061154

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Indigenous Knowledge and Customary Law in Natural Resource Management by He Hong Mu Xiuping,Eliza Kissya,Yanes Pdf

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 54,9 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780816540419

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Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Author : Brendan Tobin
Publisher : Routledge
Page : 361 pages
File Size : 51,5 Mb
Release : 2014-08-27
Category : Law
ISBN : 9781317697534

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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by Brendan Tobin Pdf

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 : David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning
Publisher : Springer
Page : 325 pages
File Size : 44,7 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401762168

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Family Law and Customary Law in Asia by David C. Buxbaum,Assoc. of Southeast Asian Institutions of Higher Learning Pdf

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 41,6 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Author : Peter Orebech,Fred Bosselman,Jes Bjarup,David Callies,Martin Chanock,Hanne Petersen
Publisher : Cambridge University Press
Page : 440 pages
File Size : 40,8 Mb
Release : 2005
Category : Law
ISBN : 9780521859257

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The Role of Customary Law in Sustainable Development by Peter Orebech,Fred Bosselman,Jes Bjarup,David Callies,Martin Chanock,Hanne Petersen Pdf

For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.