The Role of Customary Law in Sustainable Development

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

• ISBN13: 9780521859257
• ISBN10: 0521859255
• Format: Hardcover
• Copyright: 2006-02-20
• Publisher: Cambridge University Press

Summary

For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and Northern Norway, this book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can give valuable insights into methods of managing resources in a sustainable way.

Table of Contents

Preface	ix
Acknowledgements	x
Table of cases	xi
List of international conventions	xviii
Introduction	1	(11)
The linkage between sustainable development and customary law	12	(31)
Three case studies from Hawaii, Norway and Greenland	43	(46)
Social interaction: the foundation of customary law	89	(69)
How custom becomes law in England	158	(66)
How custom becomes law in Norway	224	(21)
Adaptive resource management through customary law	245	(37)
The place of customary law in democratic societies	282	(56)
Customary law, sustainable development and the failing state	338	(46)
Towards sustainability: the basis in international law	384	(27)
The case studies revisited	411	(24)
The choice of customary law	435	(10)
Conclusion: customary law in a globalizing culture	445	(6)
References	451	(38)
Index	489	(11)
Authors index	500