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When Legal Worlds Overlap
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Book Synopsis When Legal Worlds Overlap by : International Council on Human Rights Policy
Download or read book When Legal Worlds Overlap written by International Council on Human Rights Policy and published by . This book was released on 2009 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4e de couv.: This report highlights human rights impacts and dilemmas associated with plural state and non-state laws, such as family laws based on religion, customary justice practices and Alternative Dispute Resolution mechanisms. Drawing on examples of such plural legal orders from around the world, it proposes principles and a framework to guide human rights practitioners and policy-makers. The report also identifies challenges related to incorporation of non-state law in state law, recognition of cultural differences in law, and justice sector reform. Emphasising the contested nature of culture, especially when dealing with gender equality, religious freedom and indigenous peoples' rights, it calls for evidence-based assessments of plural legal orders that give special attention to people on the margins of state and non-state law, and equality between and within communities.
Book Synopsis Global Legal Pluralism by : Paul Schiff Berman
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Book Synopsis Negotiating the Power of NGOs by : Reem Wael
Download or read book Negotiating the Power of NGOs written by Reem Wael and published by Cambridge University Press. This book was released on 2019-04-11 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the socio-political environment that allows for the impactful work of NGOs through their proximity to local communities. The book showcases how this space has helped South African women's rights NGOs to bring about crucial legal reforms, which are quite relevant to women's lived realities. Recognizing its limitations, the South African state encourages NGOs to work freely on the ground and with state institutions to ameliorate the conditions for women's rights. The outcome of this state-NGO dynamic can be seen in the numerous human rights gains achieved by NGOs in general, and by women's rights organizations specifically. In addition, vulnerable communities such as women living under customary law have a significantly better chance to access justice. The book then demonstrates the opposite scenario, using Egypt as a case study, where NGOs are viewed as a national threat, and consequently operate under restrictive rules.
Book Synopsis International Law and Post-Conflict Reconstruction Policy by : Matthew Saul
Download or read book International Law and Post-Conflict Reconstruction Policy written by Matthew Saul and published by Routledge. This book was released on 2015-05-15 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.
Book Synopsis Journal of Legal Pluralism and Unofficial Law by : Melanie G. Wiber
Download or read book Journal of Legal Pluralism and Unofficial Law written by Melanie G. Wiber and published by LIT Verlag Münster. This book was released on 2012-06-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue contains papers on international development interventions that offer support to justice and security reforms in so-called "fragile states." Following an introduction by guest editor Helene Maria Kyed, the book includes papers on: justice and security architecture in Africa * reconfiguring state and non-state actors in the provision of safety in (South) Africa - implications for bottom-up policing arrangements and for donor funding * the consequences of ideals-oriented rule of law policy-making in Liberia * the politics of customary law ascertainment in South Sudan * hybrid and 'everyday' political ordering - constructing and contesting legitimacy in Somaliland * spinning a conflict management web in Vanuatu - creating and strengthening links between state and non-state legal institutions * decentralized power and traditional authorities - how power determines access to justice in Sierra Leone * delivering justice - the changing gendered dynamics of land tenure in Botswana. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 63)
Book Synopsis Promoting the Rule of Law in Post-Conflict States by : Laura Grenfell
Download or read book Promoting the Rule of Law in Post-Conflict States written by Laura Grenfell and published by Cambridge University Press. This book was released on 2013-07-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.
Book Synopsis Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade by : Photini Pazartzis
Download or read book Reconceptualising the Rule of Law in Global Governance, Resources, Investment and Trade written by Photini Pazartzis and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.
Book Synopsis The Logics of Gender Justice by : Mala Htun
Download or read book The Logics of Gender Justice written by Mala Htun and published by Cambridge University Press. This book was released on 2018-03 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains when and why governments around the world take action to advance - or undermine - women's rights.
Book Synopsis The Collective Dimension of Freedom of Religion by : Mine Yıldırım
Download or read book The Collective Dimension of Freedom of Religion written by Mine Yıldırım and published by Routledge. This book was released on 2017-01-20 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.
Book Synopsis Creating Legal Worlds by : Greig Henderson
Download or read book Creating Legal Worlds written by Greig Henderson and published by University of Toronto Press. This book was released on 2015-07-06 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal judgment is first and foremost a story, a narrative of facts about the parties to the case. Creating Legal Worlds is a study of how that narrative operates, and how rhetoric, story, and style function as integral elements of any legal argument. Through careful analyses of notable cases from Canada, the United States, and the United Kingdom, Greig Henderson analyses how the rhetoric of storytelling often carries as much argumentative weight within a judgement as the logic of legal distinctions. Through their narrative choices, Henderson argues, judges create a normative universe – the world of right and wrong within which they make their judgements – and fashion their own judicial self-images. Drawing on the work of the law and literature movement, Creating Legal Worlds is a convincing argument for paying close attention to the role of story and style in the creation of judicial decisions.
Book Synopsis Overlapping Intellectual Property Rights by : Neil Wilkof
Download or read book Overlapping Intellectual Property Rights written by Neil Wilkof and published by OUP Oxford. This book was released on 2012-08-30 with total page 2706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.
Book Synopsis Quilombola Communities and Land Overlapping Challenges in Brazil by : Jéssica Painkow Rosa Cavalcante
Download or read book Quilombola Communities and Land Overlapping Challenges in Brazil written by Jéssica Painkow Rosa Cavalcante and published by Editora Dialética. This book was released on 2023-12-22 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Quilombola Communities and Land Overlapping Challenges in Brazil" delves into the complexities of quilombola communities in the Brazilian context. The author explores the struggles and challenges faced by these traditional communities, especially those located in the Jalapão region, Tocantins. The book examines issues of territory, identity, and memory, offering a profound analysis of the legal, territorial, and ethnic-racial conflicts surrounding the constitutional rights of quilombola communities. Employing an interdisciplinary approach, the book highlights the changes occurring within these communities after the implementation of the Jalapão State Park and questions to what extent these changes have affected quilombola identity. It is a meticulous and engaging exploration of quilombola experiences in contemporary Brazil.
Book Synopsis Violence Against Women in Legally Plural settings by : Anna Barrera
Download or read book Violence Against Women in Legally Plural settings written by Anna Barrera and published by Routledge. This book was released on 2015-11-19 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a growing area of concern for scholars and development practitioners: discriminatory gender norms in legally plural settings. Focusing specifically on indigenous women, this book analyses how they, often in alliance with supporters and allies, have sought to improve their access to justice. Development practitioners working in the field of access to justice have tended to conceive indigenous legal systems as either inherently incompatible with women’s rights or, alternatively, they have emphasised customary law’s advantageous features, such as its greater accessibility, familiarity and effectiveness. Against this background – and based on a comparison of six thus far underexplored initiatives of legal and institutional change in Ecuador, Peru, and Bolivia – Anna Barrera Vivero provides a more nuanced, ethnographic, understanding of how women navigate through context-specific constellations of interlegality in their search for justice. In so doing, moreover, her account of ongoing political debates and local struggles for gender justice grounds the elaboration of a comprehensive conceptual framework for understanding the legally plural dynamics involved in the contestation of discriminatory gender norms.
Book Synopsis The Ashgate Research Companion to Feminist Legal Theory by : Vanessa E. Munro
Download or read book The Ashgate Research Companion to Feminist Legal Theory written by Vanessa E. Munro and published by Routledge. This book was released on 2016-04-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.
Download or read book A World at Sea written by Lauren Benton and published by University of Pennsylvania Press. This book was released on 2020-10-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past twenty-five years have brought a dramatic expansion of scholarship in maritime history, including new research on piracy, long-distance trade, and seafaring cultures. Yet maritime history still inhabits an isolated corner of world history, according to editors Lauren Benton and Nathan Perl-Rosenthal. Benton and Perl-Rosenthal urge historians to place the relationship between maritime and terrestrial processes at the center of the field and to analyze the links between global maritime practices and major transformations in world history. A World at Sea consists of nine original essays that sharpen and expand our understanding of practices and processes across the land-sea divide and the way they influenced global change. The first section highlights the regulatory order of the seas as shaped by strategies of land-based polities and their agents and by conflicts at sea. The second section studies documentary practices that aggregated and conveyed information about sea voyages and encounters, and it traces the wide-ranging impact of the explosion of new information about the maritime world. Probing the political symbolism of the land-sea divide as a threshold of power, the last section features essays that examine the relationship between littoral geographies and sociolegal practices spanning land and sea. Maritime history, the contributors show, matters because the oceans were key sites of experimentation, innovation, and disruption that reflected and sparked wide-ranging global change. Contributors: Lauren Benton, Adam Clulow, Xing Hang, David Igler, Jeppe Mulich, Lisa Norling, Nathan Perl-Rosenthal, Carla Rahn Phillips, Catherine Phipps, Matthew Raffety, Margaret Schotte.
Book Synopsis Overlapping Regional Orders in the Middle East and North Africa by : Jordi Quero
Download or read book Overlapping Regional Orders in the Middle East and North Africa written by Jordi Quero and published by Taylor & Francis. This book was released on 2023-11-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focused on a set of overlapping international orders of regional scope present in the Middle East and North Africa, this book argues that rules and primary institutions have sanctioned the foreign behavior of the sub-system’s international actors since 1945. The author avoids recent IR trends focused on narrow case studies, instead providing a comprehensive overview of the MENA’s regional politics. The normative content and evolution of multiple international orders are examined, constituting the intra-Arab order, the Arab-Israeli order and the Arab-Iranian order, as well as the expression of the global order in regional interactions. Drawing on Area Studies and English School and constructivist IR theories, the author argues that a plurality of overlapping regional orders have coexisted since 1945, not just one as is commonly suggested in the literature. Each of these orders is integrated by different participants and has developed its own differentiated norms and institutions setting parameters on legitimate behavior. This analytical proposal helps make sense of foreign relations otherwise labeled as incoherent. The book has wide appeal, accessible both to students wishing to learn about the politics, history and sociology of the Middle East, as well as to specialists seeking original research on the functioning of the MENA’s regional orders.
