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The State and the Paradox of Customary Law in Africa

Customary law and so called 'traditional authorities' continue to play vital roles in many African societies today. This book tackles the problem of how the state deals with the paradox of having to integrate customary law and traditional authorities that are based on their own logics of 'law', 'legal process' and 'authority'.

This book tackles the problem of how the state deals with the paradox of having to integrate customary law and traditional authorities that are based on their own logics of 'law', 'legal process' and 'authority'.

The European Union and Customary International Law

The book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law. Considering the distinct perspectives taken by international law and EU law, while also looking into the space in between the two, individual chapters tackle complex questions such as whether and on what bases the European Union is bound by customary international law as a matter of international law and EU law; how the European Union contributes to the development of international custom; and how different stakeholders – the Court of Justice of the European Union, the EU's political organs and EU citizens – rely upon customary rules. The book thus offers a systematic account of the relevance of customary international law for the external relations and internal functioning of what is no doubt the most remarkable regional international organization of our time.

The book gathers a group of scholars interested in both public international law and EU law to cover different facets of the relationship between the European Union and customary international law.

Does state behavior contrary to a rule of customary international law undermine the existence of that rule?

Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: The purpose of this essay is to assess the impact of the behaviour of a State, which contrary to a rule of customary international law, on the existence of rule of customary international law, in terms of whether it undermines the existence of that rule or strengthens it. To be able to do this, it is expedient that the following issues are addressed: What is Customary International Law? What are rules of customary international law? Contrary state behavior. Customary International Law is one of the major sources of International law and is described in Article 38(1)(b) of the Statute of the International Court of Justice, 1946, as "general practice accepted as law." According to the Legal Information Institute of the Cornell Law School, "Customary international law refers to international obligations arising from established international practices, as opposed to obligations arising from formal written conventions and treaties. Customary international law results from a general and consistent practice of states that they follow from a sense of legal obligation." It was also defined by Judge Read in Fisheries (UK v Norway) (1951), as the generalization of the practice of States.

Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: The purpose of this essay is to assess the impact of the behaviour of a State, which contrary to a rule of ...

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

A Global Primer

This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge.

"The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world.

The Place of Customary Law in the National Legal Systems of East Africa

Lectures Delivered at the University of Chicago Law School in April-May, 1963

Customary International Humanitarian Law

In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 1: Rules) is the result of that study. Volume 2 contains a summary of the relevant treaty law, international case-law and relevant state practice including legislation, military manuals, case-law, official statements, and official military practice for each aspect of humanitarian law. Also available: Volume 1: Rules 0-521-80899-5 Hardback $100.00 C 0-521-00528-0 Paperback $38.00 D Boxed Set of 3 Volumes: Vol.l: Rules; Vol. 2: Practice: Parts 1 and 2 0-521-53925-0 Hardback $450.00 C

This book (and its companion, Volume 1: Rules) is the result of that study.

Vernacular Law

A new understanding of the transformative effect of vernacular writing on customary law in medieval France.

A new understanding of the transformative effect of vernacular writing on customary law in medieval France.

Practical Challenges in Customary Law Translation

The Case of Rwandaís Gacaca Law

The Rwandan justice system know as Gacaca, originally preserved by word of mouth was revived, documented, tested and used successfully to handle millions of legal cases in the aftermath of the Rwandan genocide against the Tutsi. This monograph begins by depicting the general picture of customary law and ponders on the practical challenges in the production of the modern Gacaca law in three versions: Kinyarwanda, French and English. The author demonstrates that translation involves language use and transfer, as well as communication within a cultural setting. The book amply demonstrates that linguistic, textual, contextual and cultural cues in translation should not be downplayed. It also shows that the cultural turn in translation has transformed and re-conceptualised the translation theory to integrate non-western thought about translation discipline since time immemorial. A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.

A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.

The Future of African Customary Law

Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law, and international human rights treaties. The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. This volume 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. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights, and intestate succession; and the relationship between customary law, human rights, and gender equality.

This volume 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.