Law and Anthropology: International Yearbook for Legal Anthropology
Law and Anthropology: International Yearbook for Legal Anthropology

Author: René Kuppe

Publisher: Martinus Nijhoff Publishers

Published: 1994-10-27

Total Pages: 424

ISBN-13: 9780792331421

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Volume 7 of "Law and Anthropology" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, "Law and Anthropology" will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.

International Yearbook for Legal Anthropology, Volume 7
International Yearbook for Legal Anthropology, Volume 7

Author: René Kuppe

Publisher: BRILL

Published: 2023-07-24

Total Pages: 415

ISBN-13: 9004638903

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Volume 7 of Law and Anthropology brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, Law and Anthropology will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.

On the Law of Peace
On the Law of Peace

Author: Christine Bell

Publisher: OUP Oxford

Published: 2008-09-25

Total Pages: 410

ISBN-13: 0191551600

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This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of law of peace as merely 'the rest of international law' once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to 'this new law' which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism.

Post-Conflict Rebuilding and International Law
Post-Conflict Rebuilding and International Law

Author: Ray Murphy

Publisher: Routledge

Published: 2017-03-02

Total Pages: 546

ISBN-13: 1351909673

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This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.

The Dynamics of Euro-African Co-operation
The Dynamics of Euro-African Co-operation

Author: E.C. Djamson

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 392

ISBN-13: 9401010242

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Dr. E. C. Djamson, a distinguished Ghanaian Lawyer and Diplomat, has put political scientists and students of international law into his debt. His work is an important contribution to the literature of Afro-European co operation. He examines the history of relations between the European Economic Community and the Associated African States; he provides a thorough analysis of the international institutions and of the wider political, economic and legal problems involved in Afro-European co-operation. The author is concerned with the manner in which African sovereign states are now able to enter into relations with Europe on a basis of legal equality. He emphasizes the principles involved in the law of nations; this should comprise, not merely "civilized" law in traditional parlance, but also Mrican customary law. As Dr. Djamson puts it, "the international community can no longer afford to ignore the principles of law peculiar to the so-called Third World . . . after all the 'general principles of law recognized by civilized nations' are not at variance with the basic ideas of law andjustice as understood by the newcomers to the international scene. " At the same time, both the new states and the old, established powers must accept those obligations that derive from their being signatories to international agreement. Adherence to the principle of pacta sunt obser vanda does not violate sovereignty, but of itself gives evidence of a country's maturity and ability to co-exist with other sovereign entities. Dr.