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This book is a contribution to the growing field of global legal ethnography. Through engagement with the global discourses of indigeneity, conservation and development, this empirical study shows how power and legal normativity are enacted and experienced in the everyday life of the Batwa in Rwanda. By exploring how Twa negotiate their position within society, the regulatory power of these global jurisdictional encounters to construct (subjects, communities, normative frameworks), to reframe and to discipline comes into sharper focus. Focusing on agency instead of resistance, on a desire for inclusion rather than difference, this book provides a critical contribution to the scholarship on counter-hegemonic narratives of globalisation. Rwandan Twa are positioning themselves within national and global narratives to demand progress and belonging – not as part of a political movement based on their ethnic distinctness or indigeneity but as Rwandans.
Why are some deeply divided societies able to craft stable constitutional regimes while others have failed and continue to be mired in endless communal conflict? This puzzle constitutes the central question this book seeks to address. This book is directed at scholars who wish to understand the riddles of constitutional performance in deeply divided societies, and those who are interested in understanding Afghanistan's troubled constitutional history. By providing the most comprehensive account of the drafting and performance of Afghanistan's 2004 constitution, the book is aimed at scholars who want to understand the nuances of the process that produced the Constitution and evaluate its performance with fresh eyes. The world is full of divided, post-conflict societies which continue to witness tragic violent conflicts. This book is thus a valuable resource for policy makers who are currently grappling with how to approach thorny problems of constitutional design and nation-building in these societies.
In the wake of wars and revolutions, fragile societies increasingly turn to interim constitutions to enact their visions for a brighter future. With more than 150 interim constitutions enacted globally since 1789, an understanding is needed of these legal instruments and how well they perform. As the first major comparative study, Interim Constitutions: Legal Nature and Performance fills this void. This authoritative guide for practitioners and scholars addresses how interim constitutions compare to other constitutional reform options, when they are used and why, their functions, drafting processes and main design features, negotiation challenges, and the benefits they yield – including whether they lead to final (non-interim) constitutions, as well as greater peace and democracy. Dozens of hypotheses in the state of the art on achieving successful transitions are tested and disrupted, leading to novel and useful insights for improving future practice. This title is also available as open access on Cambridge Core.
Misuses of Comparative Law in International Development examines how comparative law has been deployed by international organizations, governments, and NGOs to legitimize legal reforms that entrench inequality and reinforce power hierarchies. These reforms often align development agendas with neoliberal and authoritarian logics. The book exposes the flawed assumptions—such as convergence, efficiency, and legalism-that underpin transnational reform projects like the World Bank's indicators and the harmonization initiatives of the EU and OECD. It shows how these frameworks misrepresent local contexts and silence alternative legal traditions. Introducing a new typology of misuse-from cannibalization to epistemic impoverishment—it reveals how comparative law frequently operates as a tool of domination rather than emancipation. Bridging critique and utopia, the book re-characterizes these misuses as social constructions and reimagines comparative law as a vehicle for equitable, context-sensitive, and redistributive legal reform.
We are living through an era of unprecedented data-driven regulatory transformation. AI and algorithmic governance are rapidly altering how global problems are known and governed, and reconfiguring how people, places, and things are drawn into legal relation across diverse areas - from labour, media and communications, and global mobilities to environmental governance, security, and war. These changes are fostering new forms of power, inequality, and violence, and posing urgent conceptual and methodological challenges for law and technology research. Global Governance by Data: Infrastructures of Algorithmic Rule brings together leading interdisciplinary scholars working at the forefront of creative thinking and research practice in this area. The book offers fresh takes on the prospects for working collectively to critique and renew those legal and technological infrastructures that order, divide, empower and immiserate across our data-driven world. This title is also available as open access on Cambridge Core.
Contemporary Chinese Law and Legal System is a rich source for teaching, study and research in Chinese law and legal system and a useful guide for legal practitioners who are engaged in international practices involving China. The book provides an in-depth overview of modern Chinese law and legal systems with a thorough analysis of basic legal infrastructure, civil code, and legal mechanisms of international civil litigation in Chinese courts and foreign arbitration in China. It includes the most recent judicial opinions and practices pertaining to implementing civil code and enforcing foreign arbitral awards and judgements. Detailed and comprehensive, Contemporary Chinese Law and Legal System provides profound knowledge about the law and legal infrastructure in modern China.
This chapter details the vital role of Indigenous trade and investment in promoting sustainable development. Firstly, it discusses the prerequisite for Indigenous trade, emphasizing a nation-building approach centred on the significance of robust tribal infrastructure. The chapter then addresses the barriers hindering Indigenous inter-tribal trade, including state, or provincial interference in tribal jurisdiction, poor tribal governance, Canada’s failure to honour its Jay Treaty obligations, the lack of Indigenous foreign trade zones, the exclusion of Indigenous traditional knowledge (TK) from intellectual property (IP) regimes, and historical challenges in trade financing. Additionally, the chapter explores Indigenous trade and commerce engagements with non-Indigenous enterprises, both with and without federal permission, highlighting the implications, challenges, and opportunities involved. By examining these aspects, the chapter advocates for empowering Indigenous nations through trade and investment, fostering economic opportunities while preserving cultural heritage, and working towards sustainable development by creating a strong economic baseline.
Review of legal education and practices in China, and discussion of law school curricula and degree offerings, overview of the Chinese bar, legal professional qualification examination, and function of lawyers, as well as the presence of foreign law firms in China.
This chapter presents a case study of Canada, examining the intricate relationship between Indigenous peoples and the developments related to British, then Canadian, governance. It begins by exploring the historical and legal context within which Indigenous peoples exist in Canada, tracing the impact of colonization and the recognition of Indigenous rights. The chapter then investigates the potential for affirming these rights through treaties and trade agreements, highlighting the role of treaties in recognizing and protecting Indigenous rights and the opportunities and challenges presented by trade agreements for Indigenous economic development and self-determination. It further analyses the Canadian government’s efforts to domestically enforce the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the intersection of Canadian treaties with trade agreements. This chapter emphasizes the importance of ongoing dialogue, collaboration, and the implementation of measures aligned with UNDRIP principles to foster the recognition, empowerment, and well-being of Indigenous peoples within the Canadian context.
Review of the internal and external structures of Chinese courts, discussion of the power and role of the Chinese judiciary, examination of judges (selection and qualifications) and people’s assessors, and analysis of judicial independence in China.
This chapter provides a comprehensive analysis of the international legal framework governing Indigenous peoples’ rights, focusing on the Indigenous and Tribal Peoples Convention, 1989 No. 169 (ILO 169) and the United Nations Declaration on the Rights of Indigenous peoples (UNDRIP). It explores the fundamental principle of free, prior, and informed consent (FPIC) within these instruments and its crucial role in sustainable development. Examining ILO 169, the chapter discusses guidelines related to self-determination, land rights, cultural preservation, and state obligations to cooperate with Indigenous peoples, specifically in the context of Canada’s Indigenous communities. Analysing the UNDRIP, it explores guidelines concerning self-determination, land rights, and states’ duty to obtain FPIC. Emphasizing the significance of consent as a cornerstone of Indigenous rights and sustainable development, the chapter concludes by acknowledging the complexities involved in its practical application. By delving into substantive and procedural aspects of international law, this chapter establishes an understanding of international legal norms in promoting Indigenous rights and facilitating sustainable development.
This chapter explores the complex relationship between extractive industries, sustainable development, and Indigenous treaty law. It begins by examining the international law guidance available for extractive industries, analysing frameworks and principles that promote responsible and sustainable practices in resource extraction while considering the social, economic, and environmental dimensions. This chapter then focuses on the specific challenges of oil and gas exploration, highlighting the impacts on Indigenous communities and emphasizing the importance of meaningful consultation, consent, and fair benefit-sharing in alignment with Indigenous treaty rights. Furthermore, it explores the mining sector’s implications for sustainable development, considering the social, economic, and environmental aspects and emphasizing the role of Indigenous treaty law in ensuring responsible practices, equitable resource distribution, and the protection of Indigenous rights and lands. Thus, the chapter emphasizes the need for a balanced approach that respects Indigenous rights, integrates Indigenous perspectives and consent, and promotes sustainable practices.
This introduction presents the volume’s premise and structure. It details why it is crucial to examine and harmonize the two worlds of law and knowledge to understand and amplify Indigenous guidance and wisdom found in treaty commitments. This introduction introduces the volume’s five parts, each discussing different aspects of understanding and implementing the various international, multinational, and nation-to-nation treaties to advance sustainable development and affirm Indigenous knowledge and rights in the various legal systems that we will explore.