The Role of Customary Law in Sustainable Development

Peter Orebech (Harvard Law School),Fred Bosselman (Chicago-Kent College of Law),Jes Bjarup (Stockholms Universitet),David Callies (University of Hawaii, Manoa),Martin Chanock (La Trobe University, Victoria)

The Role of Customary Law in Sustainable Development
Format
Hardback
Publisher
Cambridge University Press
Country
United Kingdom
Published
26 January 2006
Pages
524
ISBN
9780521859257

The Role of Customary Law in Sustainable Development

Peter Orebech (Harvard Law School),Fred Bosselman (Chicago-Kent College of Law),Jes Bjarup (Stockholms Universitet),David Callies (University of Hawaii, Manoa),Martin Chanock (La Trobe University, Victoria)

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 2006 book examines whether ‘bottom-up’ systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.

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