| Routledge-Cavendish

0원  | 20250523  | 9780415818629

Aboriginal Customary Law: A Source of Common Law Title to Land remedies a deficiency which presently impedes the study of Aboriginal land rights: there is no comprehensive work addressing the potential legal consequences for Aboriginal rights to land, beyond recognition of native title, ensuing from acknowledgement of the Crown’s radical title. In addressing the potential legal consequences, beyond recognition of native title, ensuing from acknowledgement of the Crown’s radical title, two interwoven theses are propounded: the first is the applicability, in the context of inhabited settled colonies a modified doctrine of reception effectively replaces the three formally distinct doctrines of reception, continuity and recognition. The second thesis is that, contrary to the received view, the Crown’s radical title does not automatically confer full beneficial ownership of unalienated land in Australia where such land is not subject to native title. The consequence of these two theses is that the Australian High Court's decision in Mabo provides a new, but hitherto unacknowledged, basis upon which Aboriginal customary law can amount to an independent source of common law title to land and, thus, an alternative to native title. And this, finally, is an argument that is examined in the Canadian, New Zealand and South African contexts, as well as that of Australia, as, Ulla Secher maintains, Aboriginal customary law can provide a basis for common law title to landin any settled, yet inhabited, colony.

 | Routledge-Cavendish

0원  | 20250523  | 9780415441643

Aboriginal Customary Law: A Source of Common Law Title to Land remedies a deficiency which presently impedes the study of Aboriginal land rights: there is no comprehensive work addressing the potential legal consequences for Aboriginal rights to land, beyond recognition of native title, ensuing from acknowledgement of the Crown’s radical title. In addressing the potential legal consequences, beyond recognition of native title, ensuing from acknowledgement of the Crown’s radical title, two interwoven theses are propounded: the first is the applicability, in the context of inhabited settled colonies a modified doctrine of reception effectively replaces the three formally distinct doctrines of reception, continuity and recognition. The second thesis is that, contrary to the received view, the Crown’s radical title does not automatically confer full beneficial ownership of unalienated land in Australia where such land is not subject to native title. The consequence of these two theses is that the Australian High Court's decision in Mabo provides a new, but hitherto unacknowledged, basis upon which Aboriginal customary law can amount to an independent source of common law title to land and, thus, an alternative to native title. And this, finally, is an argument that is examined in the Canadian, New Zealand and South African contexts, as well as that of Australia, as, Ulla Secher maintains, Aboriginal customary law can provide a basis for common law title to landin any settled, yet inhabited, colony.

 | LAP Lambert Academic Publishing

89,400원  | 20250303  | 9786208433475

Customary law marriages play an important role in the lives of many Zambians, as the vast majority of Zambians contract their marriages under customary law. However, it is important to highlight that there is no statute codified to govern marriages contracted under customary law in Zambia. For this reason, this research aimed at analysing how codification of customary law marriages could foster equality between men and women.

 | Routledge

74,560원  | 20200429  | 9781138500372

Originally published in 1945, this book was written at a time when an increasing European influence was affecting customary law in what was Tanganyika and this volume records different aspects of customary law such as inheritance, matrimony, divorce, property and the courts.

 | Routledge

318,080원  | 20180822  | 9781138499669

Originally published in 1945, this book was written at a time when an increasing European influence was affecting customary law in what was Tanganyika and this volume records different aspects of customary law such as inheritance, matrimony, divorce, property and the courts.

Deng, Francis  | Taylor & Francis

109,660원  | 20130930  | 9780415846905

Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization.

 | KS OmniScriptum Publishing

50,280원  | 20150119  | 9783659631177

Custom and cultural practices show the acceptable lifestyles of a people. they show rules of approved conduct, possible sanctions of behaviours termed odious and the collective will of the people to survive as a group. The Niger delta area is located in the southern part of Nigeria. It is an area populated by the ijaw speaking peoples, the Ikwerre, Ogba, Ogonis among many other groups.

Fenrich, Jeanmarie  | Cambridge University Press

98,710원  | 20130902  | 9781107625044

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.

Fenrich, Jeanmarie  | Cambridge University Press

355,730원  | 20110731  | 9780521118538

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. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The 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. - Promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa - Addresses the status and role of customary law across the African continent and utilizes comparative analysis - Presents a reappraisal of the scholarship from the last 50 years of prevailing colonial attitudes in Africa written by experts and regional scholars

Tom Ruys  | Cambridge University Press

124,780원  | 20150130  | 9781107685338

Tom Ruys examines to what extent the right of self-defence permits States to engage in military operations against State and non-State actors in light of the developments since 9/11 and the interventions in Afghanistan and Iraq. The occurrence of an 'armed attack' is a particular focus.

Ruys, Tom  | Cambridge

355,730원  | 20110404  | 9780521766647

This 2010 book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incident...

Peter, #216;rebech  | Cambridge

130,370원  | 20210101  | 9780521173421

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.

 | Cambridge University Press

65,160원  | 20240808  | 9781009217880

Ada Maria Kuskowski traces the impact of writing, language, learned ideas and court practices on the development of customary law in medieval France. Applying a multidisciplinary approach, this book will interest scholars of medieval France across law, literature and history.

 | Routledge

0원  | 20050101  | 9780714680125

This study of the manner in which indigenous peoples can function in modern states offers a survey of tribal life.

 | KS OmniScriptum Publishing

122,920원  | 20130805  | 9783659435706

This study analyses the conflicting interests of rights which exist in the new constitution of Southern Sudan: the rights of people in Southern Sudan to their culture (customary law); and human rights, particularly as experienced by women. Analyses of extensive in-depth interviews conducted in Southern Sudan demonstrate how the state's withdrawal from the private sphere and the application of customary law in its current highly patriarchal shape stands in direct conflict with women's rights.