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Customary law --- Philosophy --- Customary law - Philosophy

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Citizenship --- Citizenship. --- Customary law --- Customary law. --- Ethnology --- Ethnology. --- Gerichtsbarkeit. --- Law --- Law. --- Nationenbildung. --- Politics and government. --- Rechtsverständnis. --- Traditionale Kultur. --- Since 1994. --- Mozambique --- Mozambique. --- Moçambique. --- Politics and government

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The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

Constitutional law --- Respect for persons --- Customary law --- Ubuntu (Philosophy) --- Law and legislation

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"This book examines the evolution of customary international law (CIL) as a source of international law analyzing the substantive definitions of state practice and opinio juris, the methods of their discovery and their increasing interlinked nature. It focuses on the importance of CIL in the development of international criminal law and in particular the ways in which international criminal courts and "hybrid" criminal tribunals can be said to be changing the ways in which CIL is determined. The book examines the role of international courts and tribunals in changing the nature of custom, analyzing the methodologies employed by the International Criminal Tribunal for Former Yugoslavia, the International Criminal Tribunal for Rwanda, Special Tribunal for Lebanon, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court. Through examination of the case-law and the reasoning of the courts Noora Aräjarvi demonstrates that the tribunals have on occasions tilted towards innovative approaches in their interpretation and methods of finding the applicable customary international law. She shows how and to what extent the court's chosen method of application of CIL affects the process of custom formation as the judges may have the function of both applying and forming rules of CIL. This raises the question as to what level of judicial activism that should be acceptable in international courts as regards CIL"-- "This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal courts and "hybrid" criminal tribunals can be said to change the ways in which CIL is determined. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying a positivist approach, Noora Araji analyses the methodologies employed by the ICTY, International Criminal Tribunal for Rwanda, Special Tribunal for Lebanon, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court. Through examination of the case-law and the reasoning of the courts, Aräjarvi demonstrates to what extent the court's chosen method of application of CIL affects the process of custom formation. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law"--

Customary law, International. --- International criminal courts. --- Droit coutumier international --- Tribunaux criminels internationaux --- LAW / General. --- LAW / International. --- LAW / Jurisprudence. --- Customary law, international. --- Law / general. --- Law / international. --- Law / jurisprudence. --- Droit coutumier international.

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Comparative law --- International law --- Customary law --- Legal polycentricity --- Droit comparé --- Common law --- Droit civil --- Droit islamique --- Droit hindou --- Comparative law. --- Customary law. --- Customs (Law) --- Folk law --- Usage and custom (Law) --- Social norms --- Time immemorial (Law) --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Legal polycentricity. --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Droit comparé. --- Law, Primitive --- Traditional law