Suchergebnisse

'Igat fulap rod blong hem' --The possibilities and limitations of legal pluralism --Tradition and transformation in leadership structures and conflict-management mechanisms --Mat, kava, faol, pig, buluk, woman: the operation of the kastom system in Vanuatu today --The relationship between the state and kastom systems --The problems of the existing relationship between the state and kastom systems --A typology of relationships between state and non-state justice systems --A new method of legal pluralism.

AbstractThe Pacific islands region is currently experiencing an intensification of interest in culture as an enabler, rather than an inhibitor, of development. The emerging field of cultural economics seeks to chart ways in which culture can lead to both economic development and also to other goals, such as positive social relationships, community cohesion and maintenance and enjoyment of cultural heritage. However, bringing together these different range of goals at times involves tensions, often manifested in differences between individual autonomy and family and community obligations, generational focus and clashes of cultural logics. This paper investigates these tensions through the lens of intellectual property, an area where competing ideologies and perspectives of entitlement often come head to head. It identifies and reflects upon four areas of tension that will have to be navigated as the region experiments with both global models of intellectual property and national and local regulatory mechanisms.

Traditional knowledge is increasingly being seen as a potential source of economic value in the Pacific Islands region. As a result of this, and a belief that traditional knowledge is currently at risk in a number of respects, a move to protect it has developed over the past decade. This move has largely focused on the creation, through legislation, of a sui generis inalienable and perpetual property right in traditional knowledge, vested in its "owners" or "holders." However, to date, very little attention has been paid to the issue of determining who these owners or holders should be. The first part of this article seeks to fill this gap by highlighting the institutional and normative issues implicated in any legislation that envisages group ownership over traditional knowledge. The second part proposes an alternative approach to the regulation of traditional knowledge, one that is not based on the creation of new proprietary rights. It argues that this alternative "regulatory toolbox" approach can achieve the same objectives for the protection of traditional knowledge that have been articulated in the push for the development of sui generis legislation, while avoiding many of the potential sites of conflict inherent in such an approach.

AbstractThis article explores some key considerations around determining who should have the right to control access to, and benefit from, traditional knowledge and intangible cultural heritage. It highlights the complexities involved in these considerations by examining in detail the different claims to control by different segments of the population in regard to two case studies: Samoan tattooing and the Vanuatu land dive. It uses insights from this analysis to problematize the assumptions about the use of concepts such as "community" in legislation designed to protection traditional knowledge and expressions of culture, and it also reflects on what effect such legislative developments may have on the cultural industries initiative and the implementation of the Convention on Intangible Cultural Heritage.

AbstractWe explore how street‐level bureaucrats (SLBs) as 'agents of the state' operate in circumstances where there is very little state, at least as state form is understood in the context in which street‐level bureaucracy theorising has developed. Using the example of post‐conflict Bougainville, we suggest SLBs actually construct the state through their wide‐flung and deep networks of relationality. We propose that SLBs in the majority world may be helpfully understood through utilising two different lenses of the state, both of which tell an accurate but only partial story. The first lens is the edifice of the Weberian or Bureaucratic state and the second lens is that we term the Relational state. We illustrate how these two lenses together provide a more complete understanding and analytical insights into the role of SLBs through drawing upon our empirical data.

1. Environmental Restorative Justice: An introduction and an invitation -- 2. Restorative justice, repairing the harm and environmental outcomes -- 3. Restorative justice and environmental criminal law: A virtuous interplay -- 4. Restorative justice and Earth jurisprudence -- 5. Nature's rights and developing remedies: Enabling substantive and restorative relief in civil litigation -- 6. Earth trusteeship and the sovereign state -- 7. Turning up the restorative dial in environmental regulation with an Adaptive Learning Loop -- 8. Participatory governance and restorative justice: What potential blending in environmental policymaking? - 9. Climate reparations, compensation, and intergenerational restorative justice -- 10. Meeting on thin ice: The potential for restorative climate justice in de-glaciating environments -- 11. Environmental restorative justice in transitional settings -- 12. The importance of environmental restorative justice for the United Nations Decade on Ecosystem Restoration (2021- 2030) -- 13. Restorative justice for illegal harms against animals: A potential answer full of interrogations -- 14. Towards environmental restorative justice in South Africa: How to understand and address wildlife offences -- 15. Exploring environmental restorative philosophy for victims: The pollution and life-world in Minamata, Japan -- 16. The art of repair: Restorative responses to environmental harm and ecocide -- 17. Harm to knowledge: Criminalising environmental movements speaking up against megaprojects -- 18. Looking for the restoration in restorative justice's response to civil disobedience -- 19. Environmental restorative justice in the Philippines: The innovations and unfinished business in waterways rehabilitation -- 20. Restoring justice and environmental knowledge in Sámi reindeer husbandry? - 21. Restor(y)ing the past to envision an 'other' future: A decolonial environmental restorative justice perspective -- 22. Socio-environmental harms in Chile under the restorative justice lens: The role of the state -- 23. Restorative justice conferencing in a New Zealand environmental offending context: Two models -- 24. Comparing institutional responses to the mining tailings dams collapses in Mariana and Brumadinho (Brazil) from an environmental restorative justice perspective -- 25. Restorative environmental justice with transnational corporations -- 26. Environmental restorative justice: Activating synergies.

AbstractThis article describes an environmental crisis in Iran that is actually a multidimensional crisis of law and policy. The article explores the restorative nodal governance response to such polycentric problems by weaving together five related ideas originating from criminologist and regulatory scholar Clifford Shearing: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice as a better future; networked discovery of Awareness, Motivation, and Pathways for transformation; and a green ethic of care to guide transformation. We use an imaginary of a river to learn from a confluence of these ideas. They involve nodes of local governance organized by front‐line workers who restoried intertwined problems with an ethic of care. The challenge uncovered is that restorative microstrategies proved promising when steering powerless actors, but frayed when faced with factory owners. More aggressive strategies of nodal governance may bring forth more responsive escalation in order to confront privilege. Yet such strategies might be more creatively escalated as nodes of conversational regulation that reconfigure Shearing's five insights to transform landscapes of power. A coherence discovered inductively across these insights revolves around restorative nodal contestation of hegemony. Even lives as infused with domination as those found along the Kashaf River in Iran, where our case study is set, can be restored in counterhegemonic ways.

It is extremely difficult to gauge the nature and extent of sorcery accusation–related violence (SARV) at a national level in any country. In part this is due to under-reporting and because official health and justice records do not typically monitor whether incidents are linked to sorcery accusations. Papua New Guinea poses particular challenges because of its language and cultural diversity, and poor reach and reliability of data collection in government services that respond to SARV. The vast majority of literature on SARV in Papua New Guinea is qualitative in nature, and most is localised, with very few quantitative studies. ; AusAID