The Role of Customary Law in Sustainable Development

The Role of Customary Law in Sustainable Development
Author: Peter Orebech
Publisher: Cambridge University Press
Total Pages: 440
Release: 2005
Genre: Law
ISBN: 0521859255

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.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection
Author: Federica Cittadino
Publisher: BRILL
Total Pages: 401
Release: 2019-08-12
Genre: Law
ISBN: 9004364404

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Customary Law and Traditional Knowledge

Customary Law and Traditional Knowledge
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 12
Release: 2023-11-10
Genre: Law
ISBN:

This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.

The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law
Author: Samantha Besson
Publisher: Oxford University Press
Total Pages: 1233
Release: 2017
Genre: Law
ISBN: 0198745362

This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

The Nature of Customary Law

The Nature of Customary Law
Author: Amanda Perreau-Saussine
Publisher: Cambridge University Press
Total Pages: 322
Release: 2007-05-17
Genre: Law
ISBN: 1139463217

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.

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters
Author: Brendan Tobin
Publisher: Routledge
Total Pages: 325
Release: 2014-08-27
Genre: Law
ISBN: 1317697545

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.

Procedure and Substance in International Environmental Law

Procedure and Substance in International Environmental Law
Author: Jutta Brunnée
Publisher: BRILL
Total Pages: 240
Release: 2021-02-22
Genre: Law
ISBN: 9004444386

The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.