The Role of Customary Law in Sustainable Development

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521859255
Total Pages : 440 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The Role of Customary Law in Sustainable Development by : Peter Orebech

Download or read book The Role of Customary Law in Sustainable Development written by Peter Orebech and published by Cambridge University Press. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : BRILL
ISBN 13 : 9004364404
Total Pages : 401 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by : Federica Cittadino

Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Prevention Principle in International Environmental Law

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Publisher :
ISBN 13 : 1108429416
Total Pages : 429 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Prevention Principle in International Environmental Law by : Leslie-Anne Duvic-Paoli

Download or read book The Prevention Principle in International Environmental Law written by Leslie-Anne Duvic-Paoli and published by . This book was released on 2018-05-31 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a systematic and comprehensive study of the prevention principle in international environmental law.

Customary Law and Traditional Knowledge

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Author :
Publisher : WIPO
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4./5 ( download)

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Book Synopsis Customary Law and Traditional Knowledge by : World Intellectual Property Organization

Download or read book Customary Law and Traditional Knowledge written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-11-10 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.

The Oxford Handbook on the Sources of International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198745362
Total Pages : 1233 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook on the Sources of International Law by : Samantha Besson

Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139463217
Total Pages : 322 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Nature of Customary Law by : Amanda Perreau-Saussine

Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Routledge
ISBN 13 : 1317697545
Total Pages : 325 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by : Brendan Tobin

Download or read book Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Knowledge and Customary Law in Natural Resource Management

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Author :
Publisher :
ISBN 13 : 9786169061151
Total Pages : 57 pages
Book Rating : 4.0/5 (611 download)

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Book Synopsis Indigenous Knowledge and Customary Law in Natural Resource Management by : He Hong Mu Xiuping

Download or read book Indigenous Knowledge and Customary Law in Natural Resource Management written by He Hong Mu Xiuping and published by . This book was released on 2010 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Procedure and Substance in International Environmental Law

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Publisher : BRILL
ISBN 13 : 9004444386
Total Pages : 240 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Procedure and Substance in International Environmental Law by : Jutta Brunnée

Download or read book Procedure and Substance in International Environmental Law written by Jutta Brunnée and published by BRILL. This book was released on 2021-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Introduction to Environmental Law

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Author :
Publisher : Environmental Law Institute
ISBN 13 : 1585761257
Total Pages : 985 pages
Book Rating : 4.5/5 (857 download)

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Book Synopsis Introduction to Environmental Law by : Jeffrey G. Miller

Download or read book Introduction to Environmental Law written by Jeffrey G. Miller and published by Environmental Law Institute. This book was released on 2008 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of water pollution control regulation is a study of statutes and their administration. This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute. An introduction provides the student with an understanding of what constitutes water pollution, where it originates, and how it can be controlled. These materials were originally designed for the introductory course in environmental regulation/environmental law at Pace Law School. A Teachers Manual includes exercises that teach students advanced legal research, familiarity with administrative law mechanisms, and the ability to integrate what they have learned about the Clean Water Act.

The Human Right to a Healthy Environment

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Publisher : Cambridge University Press
ISBN 13 : 1108421199
Total Pages : 309 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Human Right to a Healthy Environment by : John H. Knox

Download or read book The Human Right to a Healthy Environment written by John H. Knox and published by Cambridge University Press. This book was released on 2018-06-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers and clarifies many different facets of the international human right to a healthy environment.

Environmental Law and Governance in the Pacific

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Publisher :
ISBN 13 : 9780367502898
Total Pages : 0 pages
Book Rating : 4.5/5 (28 download)

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Book Synopsis Environmental Law and Governance in the Pacific by : Margaretha Wewerinke-Singh

Download or read book Environmental Law and Governance in the Pacific written by Margaretha Wewerinke-Singh and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines environmental law and governance in the Pacific, focussing on the emerging challenges this region faces. Fourteen Pacific Island countries, and a broad range of themes, such as deep-sea mining, fisheries, protected areas, heritage, endangered species, human rights and access to justice, are addressed in the volume.

International Environmental Law and Policy

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Publisher :
ISBN 13 : 9781599410685
Total Pages : 0 pages
Book Rating : 4.4/5 (16 download)

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Book Synopsis International Environmental Law and Policy by : David Hunter

Download or read book International Environmental Law and Policy written by David Hunter and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Environmental Law in a Nutshell

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Author :
Publisher : West Academic Publishing
ISBN 13 : 9780314144096
Total Pages : 0 pages
Book Rating : 4.1/5 (44 download)

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Book Synopsis International Environmental Law in a Nutshell by : Lakshman D. Guruswamy

Download or read book International Environmental Law in a Nutshell written by Lakshman D. Guruswamy and published by West Academic Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sources and Forms of International Environmental Law; Implementation; Population; Biodiversity; Global Climate Chan Ozone Depletion; Antarctica; Toxic and Hazardous Substances; Land-Based Pollution; Vessel-Based Pollution; Dumping; Conservation of Marine Living Resources; Transboundary Air Pollution; Transboundary Water Pollution; Desertification Nuclear Dama The Future of EIL.

Principles of International Environmental Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521521062
Total Pages : 1252 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis Principles of International Environmental Law by : Philippe Sands

Download or read book Principles of International Environmental Law written by Philippe Sands and published by Cambridge University Press. This book was released on 2003-10-09 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.

Draft International Covenant on Environment and Development

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Author :
Publisher : IUCN
ISBN 13 : 9782831705248
Total Pages : 226 pages
Book Rating : 4.7/5 (52 download)

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Book Synopsis Draft International Covenant on Environment and Development by : International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law

Download or read book Draft International Covenant on Environment and Development written by International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law and published by IUCN. This book was released on 2000 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.

The Future of African Customary Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139497820
Total Pages : 563 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Future of African Customary Law by : Jeanmarie Fenrich

Download or read book The Future of African Customary Law written by Jeanmarie Fenrich and published by Cambridge University Press. This book was released on 2011-07-18 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.