The Role Of Customary Law In Sustainable Development

Author : Peter Orebech,Fred Bosselman,Jes Bjarup,David Callies,Martin Chanock,Hanne Petersen
Publisher : Cambridge University Press
Page : 440 pages
File Size : 50,6 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.

Author : Rajendra Ramlogan
Publisher : BRILL
Page : 304 pages
File Size : 54,5 Mb
Release : 2010-12-17
Category : Law
ISBN : 9789004189195

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Sustainable Development by Rajendra Ramlogan Pdf

Sustainable Development presents a succinct examination of the emerging principles in international, regional and national legal regimes that are providing a basis for supporting environmental protection in the global community through adherence to the philosophy of sustainable development.

Author : Brendan Tobin
Publisher : Routledge
Page : 361 pages
File Size : 51,7 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 : He Hong Mu Xiuping,Eliza Kissya,Yanes
Publisher : Unknown
Page : 57 pages
File Size : 41,7 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 : Nico J. Schrijver,Friedl Weiss
Publisher : BRILL
Page : 749 pages
File Size : 54,8 Mb
Release : 2004-08-10
Category : Law
ISBN : 9789047406709

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International Law and Sustainable Development by Nico J. Schrijver,Friedl Weiss Pdf

'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.

Author : Marie-Claire Cordonier Segger,C.G. Weeramantry
Publisher : BRILL
Page : 681 pages
File Size : 41,6 Mb
Release : 2004-11-01
Category : Law
ISBN : 9789047414605

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Sustainable Justice by Marie-Claire Cordonier Segger,C.G. Weeramantry Pdf

This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law. It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development. The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future.

Author : Andrew John Chapeskie
Publisher : National Library of Canada = Bibliothèque nationale du Canada
Page : 167 pages
File Size : 50,6 Mb
Release : 1994
Category : Indians of North America
ISBN : 0315896140

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Laws of the Land [microform] : Aboriginal Customary Law, State Law and Sustainable Resource Management in Canada's North by Andrew John Chapeskie Pdf

Author : Alan Ingelson
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2019
Category : Environmental law
ISBN : 1552389855

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Environment in the Courtroom by Alan Ingelson Pdf

"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.

Author : Anonim
Publisher : World Bank Publications
Page : 228 pages
File Size : 54,9 Mb
Release : 2007
Category : Law
ISBN : 9780821370391

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Forest Law and Sustainable Development by Anonim Pdf

This book analyzes the wide range of issues that should be taken into account in forest-related legislation. It stresses that forest law must be understood in the context of the broader legal framework governing land use and land tenure, as well as international obligations related to trade, environmental protection, and human rights. The book also pays significant attention to institutional arrangements and governance practices relevant to forests, including decentralization, transparency, and law enforcement. The authors draw extensively on experience from around the world to provide tools for dealing with various forest management challlenges. The authors are experts in the field of forest law. Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agricultre Organization of the United Nations (FAO). Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank. Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank. Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank.

Author : Alistair Rieu-Clarke
Publisher : IWA Publishing
Page : 268 pages
File Size : 52,7 Mb
Release : 2005-11-01
Category : Science
ISBN : 9781843390756

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International Law and Sustainable Development by Alistair Rieu-Clarke Pdf

Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.

Author : European Commission. Environment Directorate-General,Michael Decleris,Commissione europea. DG Ambiente
Publisher : Unknown
Page : 145 pages
File Size : 55,9 Mb
Release : 2000
Category : Environmental policy
ISBN : OCLC:799519596

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The Law of Sustainable Development by European Commission. Environment Directorate-General,Michael Decleris,Commissione europea. DG Ambiente Pdf

Author : Marie-Claire Cordonier Segger,Judge C.G. Weeramantry
Publisher : Routledge
Page : 884 pages
File Size : 47,9 Mb
Release : 2017-05-08
Category : Law
ISBN : 9781317669999

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Sustainable Development Principles in the Decisions of International Courts and Tribunals by Marie-Claire Cordonier Segger,Judge C.G. Weeramantry Pdf

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

Author : Anonim
Publisher : Unknown
Page : 796 pages
File Size : 43,8 Mb
Release : 2002
Category : Agricultural laws and legislation
ISBN : MINN:31951P00860451Q

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FAO Legislative Study by Anonim Pdf

Author : Duncan French
Publisher : Juris Publishing, Inc.
Page : 248 pages
File Size : 54,8 Mb
Release : 2005
Category : Business & Economics
ISBN : UOM:39015060645499

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International Law and Policy of Sustainable Development by Duncan French Pdf

It is now generally accepted that sustainable development has become a central objective of the international community. This text examines the politics and history of the term, before moving on to analyse relevant principles of international law in this context.

Author : Jeanmarie Fenrich,Paolo Galizzi,Tracy E. Higgins
Publisher : Cambridge University Press
Page : 563 pages
File Size : 53,7 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.