Search Results - subject_exact:"Customary law"

Spontaneous norms in law and economics : a sketch typology

Zdybel, Karol B. - 2023

This article offers a concise typology of spontaneous norms - i.e., norms that are formed or sustained through decentralized collective behavior in a community. The typology combines three criteria for identifying spontaneous norms: (i) implicit formation of (customary) rules, as opposed to...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013475243

Show one more version 1

Spontaneous Norms in Law and Economics: A Sketch Typology

Zdybel, Karol B. - 2023

Book / Working Paper

What makes private law transitions succeed : lessons from Japan and from around the world

Evans, C. Alexander; Ramseyer, J. Mark - 2023 - Draft of Jan. 26, 2023

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014245460

Spontaneous institutions: a typology

Zdybel, Karol Bolko - 2025

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10015508414

Ulayat forest management based on customary law in the Tenganan Pegringsingan traditional village Karangasem Bali

Suwitra, I Made; Widyantara, I Made Minggu; Aryawijaya, … - 2022

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013503783

The existence of customary court at Lembang Nanggala Sangpiasalu, North Toraja, South Sulawesi, Indonesia

Wiludjeng, Henny; Feronica; Suryaatmadja, Shannon - 2022

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012888117

The Customary Atlas of Ancien Régime France

Gay, Victor; Gobbi, Paula E.; Goñi, Marc - 2024

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10015064881

Show 2 more versions 2

The customary atlas of Ancien Régime France

Gay, Victor; Gobbi, Paula E.; Goni, Marc - 2023

Book / Working Paper

The customary atlas of Ancien Régime France

Gay, Victor; Gobbi, Paula E.; Goñi, Marc - 2023

Book / Working Paper

How would legal systems affect US and Chinese foreign direct investment in Africa? : an exploration of the roles of origins, customary law, and legal integration

Gao, Zhijun; Feng, Yi; Jiang, Wanjun - 2024

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014564306

Property rights to the World's (linear) Ocean fisheries in customary international law

Barrett, Scott - 2024

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014502900

Show 2 more versions 2

Property rights to the world's (linear) ocean fisheries in customary international law

Barrett, Scott - 2023

Book / Working Paper

Property Rights to the World's (Linear) Ocean Fisheries in Customary International Law

Barrett, Scott - 2023

Book / Working Paper

Traditional law in times of the nation state : why is it so prevalent?

Gutmann, Jerg; Voigt, Stefan - 2020

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012240843

Show one more version 1

Traditional law in times of the nation state : why is it so prevalent?

Gutmann, Jerg; Voigt, Stefan - 2019

Book / Working Paper

An Evaluation of the Nigerian Judicial Attitude to the Igbo Customary Law of Succession

Emeasoba, Gabriel Uchechi - 2022

Although the Igbo customary law of succession, which espouses the primogeniture principle, has recently been lambasted by the Nigerian courts for violating the equality provisions of the Nigerian Constitution and discriminating against women, the judicial engagement with the Igbo inheritance law...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013293454

Customary International Law and the Shifting Patterns of Refugee Migration

Worster, William Thomas - 2022

This article will assess whether the changes in asylum-seeker movement over the most recent ten years to more significantly involve new states, such as the conflicts in Syria and Ukraine, may be bringing about changes in how we assess customary international law on refugee law. The recent...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013293734

Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory

Worster, William Thomas - 2022

In the most recent few years, customary international law is increasingly crystalizing to affirm that states must grant nationality to children born in their territory, if they would be otherwise stateless. In prior scholarship, this author has argued that such a norm of a customary...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013293837

Evolution and the Production of Rules : Some Preliminary Remarks

Van Den Hauwe, Ludwig - 2022

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014148298

The institutional structure of pollution : large-scale externalities and the common law

Eubanks, Larry S.; Furton, Glenn L. - 2024

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10015178170

Transnational Torts against Private Corporations : A Functional Theory for the Application of Customary International Law Post-Nevsun

Ahmad, Hassan - 2021

After the Supreme Court of Canada’s decision in Nevsun Resources Ltd. v. Araya, Canadian courts can, in theory, apply customary international law (CIL) to private corporate actors for the purposes of a transnational tort claim pursuant to allegations related to human rights and/or...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013242157

Customary International Law and the Environment

Le Moli, Ginevra - 2021

Despite the large number of environmental agreements at the global, regional and bilateral levels, the role of customary international law remains of great importance in practice. First, many treaties which are in force remain largely unimplemented. Secondly, treaties only bind those States that...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013243693

Common Law Environmental Protection

Adler, Jonathan H.; Morriss, Andrew P. - 2021

Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant,...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013227577

The Emergence of Climate Assessment as a Customary Law Obligation

Mayer, Benoit - 2021

This document presents one view in a debate on the relevance of environmental impact assessment as a tool for climate change mitigation. In this piece, I argue that CA is emerging as a rule of customary international law, and that, moreover, it is a potentially useful mitigation tool. In another...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013235573

Authority in the Common Law

Jaffey, Peter - 2021

The view that the common law is a body of rules laid down by the courts is, for some of its proponents, implicit in the nature of the law as a system of authoritative guidance, but it has implications that are unattractive in principle and contrary to the conventional understanding of legal...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013240401

"As a husband I will love, lead, and provide." Gendered access to land in Ghana

Lambrecht, Isabel Brigitte - 2016

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10011607211

Show one more version 1

"As a husband I will love, lead, and provide" : gendered access to land in Ghana

Lambrecht, Isabel - 2016

Book / Working Paper

The International Court of Justice and the judicial politics of identifying customary international law

Petersen, Niels - 2016

It is often observed in the literature on customary international law that the identification practice of the International Court of Justice for customary norms deviates from the traditional definition of customary law in Art. 38 (1) lit. b of the ICJ Statute. However, while there are many...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10011572155

Show one more version 1

The International Court of Justice and the Judicial Politics of Identifying Customary International Law

Petersen, Niels - 2020

Book / Working Paper

Civil and Common Law

Smith, Lionel - 2020

This text is a chapter in the forthcoming Oxford Handbook of the New Private Law. It aims to answer the question, “what can the civil law tradition tell us about the New Private Law?” It seeks to do this by offering one civilian’s perspective on private law, on U.S. private law, and on the...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014103998

Regulatory expropriation - a new hope : the use of legal theory for investment law

Kammerhofer, Jörg - 2023

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014383600

Traditional law in times of the nation state: Why is it so prevalent?

Gutmann, Jerg; Voigt, Stefan - 2019

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012143382

Godot Was Always There: Repetition and the Formation of Customary International Law

Werner, Wouter - 2019

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012172050

Curriculum Decolonisation and Revisionist Pedagogy of African Customary Law

Diala, Anthony - 2019

Fees-related protests in South African universities have pushed the decolonisation of the law curriculum to the front burner of academic discourse. As part of the curriculum, African customary law was marginalised in the courts, distorted by policy makers, and largely labelled as unfriendly to...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012858907

Impact of Customary Laws in Sustaining Collective Resources-Community Conservation Practices From North East India

Dutta, Mridul - 2019

Destinations and host communities of the state of North East India govern and control natural resources through customary laws and traditional knowledge. Compared to huge bureaucratic administration of federal government of India, traditional villages based institutional interventions have...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012872254

Forest conservation by the indigenous Baduy community in the form of customary law

Asteria, Donna; Alvernia, Putri; Kholila, Berliana Nur; … - 2022

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10015349348

Principal purpose test and customary international law : a note of caution

Galán, Alexis; García Antón, Ricardo - 2022

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013461959

Debunking the Chinese unitary state via legal pluralism : historical, indigenous and customary rights in China (1949-present)

Ho, Peter - 2022

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10013188052

Shari’ah and common law : the challenge of harmonisation

2022

Harmonisation of law, a term that refers to the bringing together of two different legal traditions, has developed a negative connotation when considered in the context of Shari’ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014550649

Becoming landowners : entanglements of custom and modernity in Papua New Guinea and Timor-Leste

Stead, Victoria C. - 2022 - Paperback edition

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014228809

What Rules, if not Customary International Law – Articles 31-32 of the VCLT – Are the U.S. Courts Relying upon while Applying and Interpreting Tax Treaty Provisions?

Dallazem, Dalton Luiz - 2018

The Vienna Convention on the Law of Treaties (VCLT) contemplates the interpretation of treaties topic in its articles 31, 32 and 33, portraying the frame to be followed by one who is engaged in this difficult endeavor. Tax treaties are, fore and foremost, treaties. Therefore, the VCLT is the...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012909462

Has the Fair and Equitable Treatment Standard Become a Rule of Customary International Law?

Dumberry, Patrick - 2018

This article examines whether or not the FET standard has become a rule of customary international law. The article contains the first empirical analysis of this question based on the two conditions under which a treaty-based norm can transform into a customary rule. The article will argue that...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012927115

Succession at Customary Law - Addressing the Crossroads of Constitutional Conflicts

Adekile, Oluwakemi Mary - 2018

This paper is a critical evaluation of the rules of succession and inheritance under Nigerian Law in relation to constitutional provisions of the Nigerian Law.It relates the issues of constitutional and human rights conflicts in customary law of succession to the modern legal discourse with a...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014196132

Testing legal origins theory within France : customary laws versus Roman code

Le Bris, David - 2019

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012309484

Show one more version 1

Testing Legal Origins Theory within France : Customary Laws versus Roman Code

Le Bris, David - 2018

Book / Working Paper

Forests, law and customary rights in Indonesia : implications of a decision of the Indonesian constitutional court in 2012

Hidayat, Herman; Yogaswara, Herry; Herawati, Tuti; … - 2018

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10011969375

Do professional norms in the banking industry favor risk-taking?

Cohn, Alain; Fehr, Ernst; Maréchal, Michel André - 2017

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10011755820

Show 2 more versions 2

Do Professional Norms in the Banking Industry Favor Risk-Taking?

Cohn, Alain - 2017

Book / Working Paper

Do Professional Norms in the Banking Industry Favor Risk-Taking?

Cohn, Alain - 2017

Book / Working Paper

The Role of Customary Knowledge in Contemporary Forestry : Experiences from the Kajang Customary Community in Indonesia

Murdiati, Caritas - 2017

Objective – This article analyses the co-existence of customary forest knowledge and management with contemporary forest policies, management, and the prevailing legal/regulatory framework. In addition, this article explores the extent to which customary forest knowledge and management have...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012951386

Institutionalisation of Emerging Norms of Customary International Law through Resolutions and Operational Activities of the Political and Subsidiary Organs of the United Nations

Droubi, Sufyan - 2017

The paper looks at resolutions and operational activities of the UN as parts of processes of institutionalisation of nascent norms of CIL. It argues that institutionalisation clarifies the scope of the norm and of its application; and improves mechanisms of persuasion and compliance with the...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012952678

R., Subramanian - 2017

The defence of necessity, especially its application and scope in investment arbitration, has emerged as one of the most contested questions of international investment law. International investment agreements, which constitute the prime source of this branch of law, usually contain a provision...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012955492

De-Constructing Inheritance Rights of Women Under Santhal Customary Laws vis-a-vis Hindu Succession Act, 1956

Ghosh, Gitanjali - 2017

The laws dealing with intestate and testamentary succession in India are not uniform. A variety of laws are in vogue whose application depends on multiple factors. While the Hindus, Muslims, Christians, Parsis and the Jews have distinct personal laws of their own, the Scheduled Tribes in India...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014123570

Reform of the Customary Law of Inheritance in Nigeria : Lessons from South Africa

Diala, Anthony - 2017

Apart from preserving bloodlines, the male primogeniture rule of inheritance is aimed at providing material support to deceased persons’ dependants. This ‘inheritance-with-responsibilities’ principle is being eroded by socio-economic changes, such as urbanisation, labour migration and the...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014120597

The publicity “defect” of customary law

Gauri, Varun - 2010

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10008662222

Show 2 more versions 2

The Publicity"Defect"Of Customary Law

Gauri, Varun - 2017

Book / Working Paper

The Publicity "Defect" of Customary Law

Gauri, Varun - 2010

Book / Working Paper

Preferences for traditional and formal sector justice institutions to address land disputes in rural Mali

Winters, Matthew S.; Conroy-Krutz, Jeffrey - 2021

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012876245

The role of consent and uncertainty in the formation of customary international law

Petersen, Niels - 2011

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10009007157

Show one more version 1

The Role of Consent and Uncertainty in the Formation of Customary International Law

Petersen, Niels - 2016

Book / Working Paper

Can Indigenous Customary Law be used and recognised in International Commercial Contracts?

Ariyaratne, Nilupuli - 2016

Indigenous customary laws often conflict with or contradict contract laws of foreign legal systems. If an indigenous person wishes to conduct an international transaction according to their customs, problems may arise where customs are inconsistent with governing laws. This paper examines the...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012985886

A Family Home, Five Sisters and the Rule of Ultimogeniture : Comparing Notes on Judicial Approaches to Customary Law in South Africa and Botswana

Rautenbach, Christa - 2016

Given the striking commonalities between the legal systems of South Africa and Botswana, both in terms of its common and customary law, and considering the propensity of the Botswana courts to engage with South African case law, a recent case of Botswana is of particular interest. In September...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012986647

Development of Rule-Based Investment Protection Provisions in Mega-FTAs : A Manifestation or a Negation from Customary International Law Principles?

Khumon, Prapanpong - 2016

Customary international law affirms the obligation of the host state to protect foreign investors by according the minimum standard of treatment of foreign investors. These become well-established principles of fair and equitable treatment and full protection and security in foreign investment...

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10012987896

The Coevolution of Behavior and Normative Expectations : Customary Law in the Lab

Engel, Christoph; Kurschilgen, Michael J. - 2016

Customary law has been criticized from very different angles. Rational choice theorists claim that what looks like custom is nothing but self-interest. Positivists doubt that anything beyond consent assumes the force of law. In this paper, we adopt an experimental approach to test these claims....

Persistent link: https://www.econbiz.de, ebvufind01.dmz1.zbw.eu/10014174189