Download The Role of Customary Law in Sustainable Development by Peter Orebech, Fred Bosselman, Jes Bjarup, David Callies, PDF

By Peter Orebech, Fred Bosselman, Jes Bjarup, David Callies, Martin Chanock, Hanne Petersen

For lots of international locations, a key problem is the best way to in achieving sustainable improvement with out a go back to centralized making plans. utilizing case experiences from Greenland, Hawaii and northerly Norway, this ebook examines no matter if 'bottom-up' platforms akin to well-known legislation can play a serious function in attaining workable structures for handling average assets. whereas using widespread legislation doesn't constantly produce sustainability, the examine of commonly used tools of source administration can provide priceless insights into tools of coping with assets in a sustainable means.

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This group has also conducted studies at the Rockefeller Foundation Bellagio Study Center in Italy. Nevertheless, it is difficult to establish workable principles that employ deductive methods in a means-end model in order to deal with aspects of assessing progress toward sustainable development. ” [“Ecology and Philosophy”] (Universitetsforlaget, Oslo, 1972). 12. Sustainable America: A New Consensus for Prosperity, Opportunity, and a Healthy Environment for the Future, February 1996. Executive Order No.

Therein is the tragedy, Hardin wrote. Each man is locked into a system that compels him to increase his herd without limit – in a world that is limited. Ruin is the destination toward which all men rush, each pursuing his own best interest in a society that believes in the freedom of the commons. 90 From his parable, Hardin drew the sustainable development and customary law 25 conclusion that we must “explicitly exorcise” the “invisible hand” when dealing with problems involving commons. ”92 Hardin proceeds from an atomistic view of human beings as rational egoists proceeding from the solitary operations of the mind to make choices to maximize their own preferences.

Is not the will of the people to create the law, nor is it the conviction that the law already exists, but it is the popular consciousness that so the law must be. 30 Not all customs meet that test. 34 If people disagree about a custom, they may appeal to the courts to make the ultimate decision on the interpretation and validity of the custom. 36 As customs become more complex, their interpretation is likely to be challenged before arbitrators or judges. 37 The court’s function is to determine whether the custom meets the legal prerequisites of customary law.

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