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Article

Marco Bassi and Boku Tache

This paper seeks to describe an attempt to assess at the local level the progress that has been internationally achieved in recognition of community and indigenous rights…

Abstract

Purpose

This paper seeks to describe an attempt to assess at the local level the progress that has been internationally achieved in recognition of community and indigenous rights, and of indigenous and community conserved areas. An action‐research exercise was implemented in Ethiopia with a mobile indigenous people of evaluating customary as well as government‐led governance of the environment, with the objective of strengthening the capacity of the Borana‐Oromo to conserve their landscape.

Design/methodology/approach

This paper is based on collaborative research implemented by the authors in 2002 while SOS Sahel Ethiopia was introducing collaborative forest management, and on a 2007 action research project specifically designed to broaden the scope of the involvement of the customary leadership in sustainable landscape management.

Findings

The research demonstrates the high degree of articulation and efficacy of customary governance as opposed to the failure of State‐centric attempts to protect specific areas within the broader landscape. Customary institutions, however, are increasingly delegitimised and incapable of coping with new challenges such as massive immigration, political marginalisation and de facto land privatisation.

Research limitations/implications

The action‐research was insufficient to achieve the goal due to limitations in the national legislation, inefficiency by the government in implementing the existing policies, and the persisting practice of imposing development with insufficient prior consultation.

Practical implications

Based on an informed review of the international and national legislation and policies, the customary leaders of the Borana have released a public statement asking for support in addressing the gaps and problems they have identified, particularly achieving legal recognition of the customary institutions and customary laws in relation to biodiversity conservation. At national level it was recommended to organize a workshop on community conservation of biodiversity and community rights, with the objective of disseminating awareness about the latest instruments and Resolutions in the context of IUCN and the CBD.

Originality/value

The customary governance of the Borana is based on the gadaa generation class system, highly articulated in terms of norms and procedures. The territory is vast and it includes government‐protected areas due to the importance of the biodiversity. The case contributes to raising awareness about the relevance of legislation and enhancement of rights at national level.

Details

Management of Environmental Quality: An International Journal, vol. 22 no. 2
Type: Research Article
ISSN: 1477-7835

Keywords

Abstract

Details

Philosophy, Politics, and Austrian Economics
Type: Book
ISBN: 978-1-83867-405-2

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Book part

Abha Chauhan

Purpose – This chapter attempts to understand the impact of war, conflict, and forced migration in the northwest border of India on the security of the aged widows and the…

Abstract

Purpose – This chapter attempts to understand the impact of war, conflict, and forced migration in the northwest border of India on the security of the aged widows and the ways they respond, construct, and negotiate their lives.

Methodology – The study is based on group discussions in villages and camps and narratives of seven widowed women who were asked to tell the story of their lives.

Findings – The chapter highlights that widowed women's agency was exercised in a significant manner during the situations of war, conflict, and forced migration, but it was largely circumscribed by the intersection of patriarchy, rural structure, customary practices, and inheritance rights. New norms and new roles were taken up in the migrant camps, but village life with its traditional extended family structure was still considered ideal for the social security it provided. However, aged widows are no longer treated with respect and care, suggesting a decline in the traditional joint family system and of the dominant position of elderly widowed women in it. This was accelerated in conflict situations.

Research implications – The research calls for focusing on women's agency and moving beyond the victimhood paradigm in women's studies. It highlights the significance of individual interpretations of events and the relevance of qualitative methods such as life stories.

Value of chapter – The chapter is valuable for its work on themes such as rural life, gender, and conflict studies and for policy makers to initiate plans dealing with the problems of forced migrants and of the security of the older people, particularly widows.

Details

Analyzing Gender, Intersectionality, and Multiple Inequalities: Global, Transnational and Local Contexts
Type: Book
ISBN: 978-0-85724-743-8

Keywords

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Book part

Gen Sander and Rick Lines

The intersection between drug control and the death penalty represents a key nexus for human rights and drug reform advocacy and constitutes one of the most visible…

Abstract

The intersection between drug control and the death penalty represents a key nexus for human rights and drug reform advocacy and constitutes one of the most visible examples of the link between abusive law enforcement and drug control in the current period. The issue has emerged as a flashpoint of international debates on drugs and is one that raises important questions and challenges for both ‘abolitionist’ countries that oppose the death penalty and ‘retentionist’ States that continue to execute people. The death penalty for drug offences cannot be dismissed as simply an internal matter for States. Not only do executions for drug offences violate significant international human rights legal protections, domestic capital punishment laws in many cases cannot be separated from the influence of the international drug control treaty regime. This chapter will explore the question of the death penalty for drug offences and the challenges it presents for the international drug control regime more broadly.1

Details

Collapse of the Global Order on Drugs: From UNGASS 2016 to Review 2019
Type: Book
ISBN: 978-1-78756-488-6

Keywords

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Article

Rein Van der Vegt, Leo F. Smyth and Roland Vandenberghe

Difficulties in implementing change in schools have been explained either by referring to the concerns of teachers or to the organizational dynamics of the school. This…

Abstract

Difficulties in implementing change in schools have been explained either by referring to the concerns of teachers or to the organizational dynamics of the school. This article presents a framework in which these two sets of factors are linked. It is suggested that the school, in responding to major policy change, triggers specific organizational issues that in turn will arouse specific concerns on the part of the individual teacher. The implementation of major change is seen as the resolution of these issues and their related concerns. The framework maps the interplay of organizational issues and personal concerns; it serves as a reflection on the dynamics of change and on the management of “the implementing school”.

Details

Journal of Educational Administration, vol. 39 no. 1
Type: Research Article
ISSN: 0957-8234

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Article

Fabian Zhilla

The purpose of this paper is to explore the interplay between customary norms and organised crime and consider their implications for judicial corruption.

Abstract

Purpose

The purpose of this paper is to explore the interplay between customary norms and organised crime and consider their implications for judicial corruption.

Design/methodology/approach

This paper analyses the links between judicial corruption and organised crime in the Western Balkans generally, and focuses on the role of customary norms in Albania in particular. The paper takes stock from secondary sources and a series of semi‐structured expert interviews with judges, prosecutors, and lawyers in Albania.

Findings

This study explains that the impact of customary norms in the interplay between organised crime and judicial corruption in the Western Balkans generally, and in Albania more specifically, although not frequently used, is real and that it carries significant consequences.

Research limitations/implications

Due to differences among cultures in the Western Balkans, findings based on Albania are suggestive only for similar societies and indicate areas for future research.

Originality/value

The paper demonstrates that mechanisms of customary norms such as vendetta and blood feud killings can neutralise the judiciary and law enforcement agencies when they have been manipulated by organised crime out of their social context for criminal purposes.

Details

Journal of Financial Crime, vol. 18 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Content available
Article

Ibrahim Sief Abdel Hameed Menshawy

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on…

Abstract

Purpose

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts.

Design/methodology/approach

The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation between jus cogens and unilateral acts.

Findings

Jus cogens restrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept of Jus cogens in protecting the fundamental interests of the international community.

Practical implications

States must be compatible with jus cogens when making any reservation on a treaty and also when taking any unilateral act.

Originality/value

This paper reveals the importance of jus cogens in promoting the values of the international community and the need of such notion to protect the common interest of that community.

Details

Review of Economics and Political Science, vol. 4 no. 3
Type: Research Article
ISSN: 2356-9980

Keywords

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Book part

Caroline Simon, Barbara Truffin and Anne Wyvekens

Based on extensive empirical fieldworks conducted in Belgian and French family justice courtrooms in order to explain how culture and ethnicity are processed and…

Abstract

Based on extensive empirical fieldworks conducted in Belgian and French family justice courtrooms in order to explain how culture and ethnicity are processed and understood in the daily reasoning and assumptions of legal professionals, this chapter analyzes different forms in which culture and ethnicity are framed in family law cases. Understanding how and along which dimensions these elements do vary in judicial reasoning constitutes the preliminary but necessary step before assessing the need of cultural expertise as such. In this attempt, we shed light on a scope of variations between complex and non-deterministic models of culture – consistent with contemporary anthropology literature – and more simplistic ones, in which culture and identity are conceived as fixed realities. Throughout this path between norms, facts, and stereotypes, we illustrate not only the multiplicity and complexity of forms which cultural elements can take in the exercise of family justice, but also the risks that some significances may carry with them and the urgent need to improve more fluid and dispassionate conceptions of cultural diversity before developing “cultural expertise” as such, an expertise that could otherwise reinforce stereotypical and fixed views of “cultures.”

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

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Article

Norman Mugarura

The paper aims to argue the case for the introduction of a global anti‐money laundering (AML) court. The proposed court as an institution can engender a rule‐based ethos…

Abstract

Purpose

The paper aims to argue the case for the introduction of a global anti‐money laundering (AML) court. The proposed court as an institution can engender a rule‐based ethos as well as an environment for the transposition of AML regimes and requisite global changes into the society.

Design/methodology/approach

The paper was written by exploiting the significance of the court system to the development of any society. In particular, the paper draws on a pivotal role played by the European Court of Justice in enhancing economic integration of European member countries. Another example utilised by this paper was the dispute settlement mechanism (DSM) in the WTO. The DSM evolved an effective framework for settling international trade disputes and fundamentally helped to streamline the system. This paper is of the contention that the court would ease the adoption of global AML regimes and consequently ease the co‐existence of countries in relation to global AML initiatives.

Findings

The paper has delineated that any global initiatives either on money laundering (ML) or otherwise will have to reside in a form of institutional framework for them to work effectively. Short of that, it is possible that there will be enormous challenges for global AML regimes to function properly as envisaged.

Research limitations/implications

The author is cognizant of the fact that states are still mandated to veto his prepositions based on the principle of sovereignty of nations. States can also refuse to lend their support – in its various dimensions to the proposed court.

Practical implications

It has to be noted that creating global AML regimes that are not going to work is not good enough and in case it amounts to a wastage of scarce resources that would better be utilised somewhere else.

Social implications

ML in its various manifestations has far reaching consequences for lives of people wherever it is committed and should be accorded the seriousness it deserves.

Originality/value

The paper has been written based on the appreciation of the need to create enforcement mechanisms of engendered global AML/combating financing of terrorism (CFT) regimes. There are so many regimes masquerading as global, having been constituted with the mandate that give them a global reach and yet, they do not live up to their expectation.

Details

Journal of Money Laundering Control, vol. 14 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

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Article

Ben Chigara

This article aims to examine the sustainability of European and SADC states' practice of agreeing bilateral investment agreements (BITs) for the promotion and protection…

Abstract

Purpose

This article aims to examine the sustainability of European and SADC states' practice of agreeing bilateral investment agreements (BITs) for the promotion and protection of foreign investments in light of the latter's recent inauguration of Black Economic Empowerment (BEE) as a basic norm of regional customary international law and strategy for countering the social and economic legacy of apartheid rule on their territories for over half a century.

Design/methodology/approach

The approach taken is textual analysis and deconstruction of emergent SADC BEE legislation, substantive BIT legislation provisions, dispute settlement mechanisms and emergent jurisprudence on the tensions between BEE policy and BIT obligations.

Findings

The strong elements of exclusivity between European/SADC BIT dispute settlement mechanisms on the one hand, and the “ouster clauses” of SADC BEE legislation and regulations on the other, are mutually incompatible. This incompatibility threatens the sustainability of the EU/SADC states' BIT dynamic for the promotion and protection of foreign direct investments (FDIs).

Originality/value

Demonstration of BEE as SADC's emergent basic norm of social reconstruction for countering the social and economic legacy of apartheid rule in affected states and implications of that for EU/SADC policy on the promotion and protection of FDIs.

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