Legitimacy Deficit In Custom
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| Author | : Ben Chiagra |
| Publisher | : Taylor & Francis |
| Total Pages | : 386 |
| Release | : 2017-07-05 |
| Genre | : Law |
| ISBN | : 1351766775 |
Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography
| Author | : Ben Chigara |
| Publisher | : Ashgate Publishing |
| Total Pages | : 400 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : |
The word custom is part of everyday vocabulary in all languages, meaning the habitual behaviour of people in a particular community. Once adopted by lawyers it becomes necessary to distinguish legal customs from non-legal customs. That distinction focuses on the creation of legal norms of customary law. In international law, the creation of rules of customary law has been the subject of much commentary. Customary international law has been described as a mysterious phenomenon that has lost its utility. Some have called for its abandonment and others for a radical reformulation of the doctrine. A former judge of the International Court of Justice perceived it to be both delicate and difficult. However, the majority of rules of international law are customary in nature. Therefore, the transparency, consistency and determinacy of custom - the process by which rules of customary law are created is central to the legitimacy of rules of customary law. This book examines the issues at the heart of this complex problem and recommends a deconstructionist approach to custom as a means of resolving the legitimacy deficit in custom.
| Author | : Juergen Habermas |
| Publisher | : Beacon Press |
| Total Pages | : 196 |
| Release | : 1975-08-25 |
| Genre | : Philosophy |
| ISBN | : 9780807015216 |
Critical Theory originated in the perception by a group of German Marxists after the First World War that the Marxist analysis of capitalism had become deficient both empirically and with regard to its consequences for emancipation, and much of their work has attempted to deepen and extend it in new circumstances. Yet much of this revision has been in the form of piecemeal modification. In his latest work, Habermas has returned to the study of capitalism, incorporating the distinctive modifications of the Frankfurt School into the foundations of the critique of capitalism. Drawing on both systems theory and phenomenological sociology as well as Marxism, the author distinguishes four levels of capitalist crisis - economic, rationality, legitimation, and motivational crises. In his analysis, all the Frankfurt focus on cultural, personality, and authority structures finds its place, but in a systematic framework. At the same time, in his sketch of communicative ethics as the highest stage in the internal logic of the evolution of ethical systems, the author hints at the source of a new political practice that incorporates the imperatives of evolutionary rationality.
| Author | : Noora Arajärvi |
| Publisher | : Routledge |
| Total Pages | : 215 |
| Release | : 2014-04-24 |
| Genre | : Law |
| ISBN | : 1134067275 |
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 | : Angeline Lewis |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 266 |
| Release | : 2012-08-27 |
| Genre | : Law |
| ISBN | : 900422811X |
The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
| Author | : Johanna Gibson |
| Publisher | : Routledge |
| Total Pages | : 376 |
| Release | : 2016-12-05 |
| Genre | : Law |
| ISBN | : 1351950142 |
Protection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.
| Author | : Ben Chigara |
| Publisher | : Routledge |
| Total Pages | : 251 |
| Release | : 2019-06-04 |
| Genre | : Business & Economics |
| ISBN | : 1351154303 |
Originally published in 2004. The book examines the possibility of resolving past and continuing social injustices that are rooted in colonial or some such other similar experience of states from a variety of perspectives. First the issue is examined from an international law perspective, which evaluates the validity of counter claims to title to land in affected SADC states. Secondly the issue is examined from a human rights perspective, which privileges promotion for the respect of the inherent dignity of all persons. Thirdly, the issue is examined from victimology and psychology schools of thought in order to understand both the effect and impact on stakeholders of the operative dynamics in conflicts that arise from long standing social injustices that are connected to colonial or some such other similar historical experience of States. The book proposes humwefficiency as a model for resolution of this type of conflict. This model targets preservation of the inherent dignity of all stakeholders by combining international human rights morality with local intuition about land ownership and use. In this sense, the book takes human rights theory beyond politics and utopia, and applies it to foster new social engineering technologies for the resolution of social injustices and promotion of social justice. This is justified by the fact that the human rights culture has evolved in a considerably short period of time to become the dominant culture of the world.
| Author | : Kenneth Dyson |
| Publisher | : OUP Oxford |
| Total Pages | : 326 |
| Release | : 2000-09-28 |
| Genre | : Political Science |
| ISBN | : 0191529176 |
The Euro-Zone represents the single most important step in European Integration since 1957 and one of the boldest economic, monetary, and political projects in modern history. In this first major study, the author examines the major political questions raised by the birth of the Euro-Zone on January 1 1999 and argues for a more politically informed analysis and assessment of its nature, operation, and prospects. How does the Euro-Zone operate? What does it mean for European States and for the political strategies of governments? How is its operation to be explained? What are its prospects for stability? What kinds of policies are needed to strengthen its capacity to withstand crisis? The book stresses the ECB-centric nature of the Euro-Zone and its implications both for policy and polices in Europe and for theories of integration. The ECB emerges as a powerful 'policy pusher' and 'ideational leader', with an authority and power exceeding that of the European Commission in the integration process. Dyson examines the elated problems of social justice, democratic consent, and identity. He also argues that the Euro-Zone represents a process of transition to the EU as a 'stabilization Staten An innovative aspect of the book is its application of a strength-strain model for the purpose of analyzing and assessing the stability of the Euro-Zone. It concludes that the stability of the Euro-Zone will be strongly conditioned by three factors: how Kantian rather than Hobbesian or Lockeian its political culture proves to be, with a key reproducibility failing here on the quality of political leadership; its possession of policy interments to tackle liquidity as well as debt traps; and the speed and efficiency of mechanisms of 'bench marking, policy transfer, and 'lesson-drawing'.
| Author | : Manisuli Ssenyonjo |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 628 |
| Release | : 2011-12-23 |
| Genre | : Law |
| ISBN | : 9004218157 |
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples’ Rights, the cornerstone of the African human rights system, in June 1981. The year 2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986. This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter’s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice. The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
| Author | : Ben Chigara |
| Publisher | : Routledge |
| Total Pages | : 269 |
| Release | : 2013-03-01 |
| Genre | : Law |
| ISBN | : 1136656243 |
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement in the sub-region. Only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these disputes. The book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. The book shows that PECAPDISH’s potential and benefits would be enormous. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
