scholarly journals Influence and Function of the Customary Law of Ethnic Minorities on Environmental Protection

Author(s):  
Hongqing Ma
Author(s):  
Vu Thi Thanh Minh

Ethnic minorities in the Northern Mountainous Region not only use the application of scientific-technological advances but also experiences of the community to enhance production efficiency and environmental protection. Local knowledge (TTDP) of ethnic minorities is useful for environmental protection and natural resource exploitation & use. These are environmental & weather knowledge; farming experiences on sloping and forestry land; knowledge about environmental protection and natural resource exploitation & use especially how to protect precious resources by specific rules/regulations of customary law. In the context of declining natural resources, TTDP is eroded, captured, or illegally exploited. There should be measures in order to preserve and promote TTDP as well as raise the awareness of the community about its important role.


2003 ◽  
Vol 35 (4) ◽  
pp. 33-81 ◽  
Author(s):  
Zhang Xiaohui ◽  
Wang Qiliang

2014 ◽  
Vol 937 ◽  
pp. 526-530
Author(s):  
Ya Qiong Wang ◽  
Ying Jiong Zhao

With analyzing the environmental status of law enforcement and job demands, the environmental protection mobile enforcement system was developed based on Android platform and SOA architecture. Using this system, the ability of environmental law enforcement supervision and management was improved, and various environmental administrative law enforcement issues were solved under the limited environmental management resource. Taking Shanxi Province as an example, the environmental protection mobile enforcement system was designed and developed in term of data integration, sharing resources, standardize management and function expansion. This system can been connected to the environmental Internet of Things system which was proved practical.


2021 ◽  
Vol 47 (3) ◽  
pp. 1-5
Author(s):  
Anthony Perron

The place and function of custom as a species of law—distinguished from custom as simply polite manners or cherished cultural traditions—has long been a source of research and debate among legal theorists and historians. One school of thought, reflecting the authority of written statute in modern jurisprudence, has relegated custom in a juridical sense to “primitive” societies, whereas proper law belongs to a world of state sovereignty. Other scholars have revisited the continuing validity of custom, including a trenchant body of work on the use (and manipulation) of custom in modern colonial regimes. At the same time, some have seen benefits in the acknowledgment of custom as a source of norms. A 2006 collection of articles, for instance, explored ways in which customary law might serve as a better foundation for the sustainable development of natural resources. As David Bederman has written, “Custom can be a signal strength for any legal system—preliterate or literate, primitive or modern.”


2021 ◽  
Vol 1 (1) ◽  
pp. 20-24
Author(s):  
RR. Cahyowati ◽  
Rodliyah Rodliyah ◽  
Risnain Risnain

The number of child marriage in Indonesia is the second highest after Cambodia for the ASEAN region. Child marriage needs serious attention because it results in the loss of girls' rights, such as education, play, protection, security, and others, including the impact on health. The problem faced in NTB is the high number of child marriages, which are in the 10th National ranking. The purpose of this counseling is to provide knowledge to the community in Bentek Village regarding the Role of the Krama Desa Council in preventing child marriage in North Lombok Regency. As a result, the Krama Desa Assembly in Bentek Village consists of 9 administrators with an operational cost in 2020 of Rp. 20,000,000, -, cases filed by the community in Bentek Village are resolved in "Berugak", so that not too many community problems enter the realm of the police. The Krama Desa Council is one of the village-scale local authorities that has the task and function of fostering village community harmony, maintaining peace and handling disputes in the village with a customary law approach based on cultural norms and local wisdom values.


Author(s):  
I Gusti Ayu Purnamawati

This study aims to analyze the potential of the Customary Village in tourism development, its position, and function in Bali Province. This research is a socio-legal study with a legal and case approach, legal analysis techniques in the form of legal hermeneutics and is analyzed through the theory of legal pluralism, and the concept of recognition of the Customary Law Community. This research was conducted in the area of Bali Province based on local wisdom with the concepts of Parahyangan, Pawongan, and Palemahan. The system and implementation of customary law, institutional Sabha Customary Village and Kerta Customary Village, custom advisory institutions, religion, traditions, arts, and culture, as well as local wisdom of indigenous peoples. Pasraman as an educational institution based on Hinduism for the development of identity, moral integrity, and quality of Balinese society, traditional village security institutions, and traditional village economic institutions by the principles and objectives of tourism, namely the welfare of the community. Especially the Krama Customary Village. The results showed that the Balinese Customary Village in tourism development is an autonomous Balinese customary institution, traditional cultural communities, indigenous peoples, and the collective identity of the people in Bali based on customary law to achieve common goals based on the Tri Hita Karana.


Author(s):  
Jutta Brunnée

This article examines three concepts that have emerged to respond to collective environmental concerns:‘common areas’, ‘common heritage’, and ‘common concern’. As will become apparent, the impact of these three concepts has been felt less in the development and application of customary law than in the development of treaty-based regimes. Today, such regimes institutionalise many collective environmental concerns, and provide settings in which states' commitments can be adjusted and refined on an ongoing basis. Within these regimes, it has also been possible to develop compliance procedures that are actually invoked and which reflect the collective nature of states' interest in environmental protection. To protect areas or resources beyond state jurisdiction, and to address common environmental concerns, international environmental law has not merely had to undergo a significant conceptual expansion, but has also had to do so against the grain of the foundational structures of international law.


2017 ◽  
Vol 18 ◽  
Author(s):  
Carlos Potiara Castro

This paper discusses the linkages between the agendas of poverty alleviation and of environmental protection through initiatives adopting participatory community-based approaches. These actions intend to strengthen and increase the effectiveness of policies focusing local and traditional populations that are in a situation of vulnerability. The challenges they face are presented here in the form of games with the purpose to show models explaining them. And finally, a participatory instrument, raised in the Convention on Biological Diversity and based on customary law, is brought to the reader.


2006 ◽  
Vol 55 (2) ◽  
pp. 407-410 ◽  
Author(s):  
Richard Gardiner

The eventual product of the International Law Commission's (ILC) work on state immunity hasbeen in the form of a Convention. This prompts the question whether widespread ratification (or accession etc) will be necessary for clear rules of international law on state immunity to become firmlyestablished or whether a substantial codifying effect could be achieved even if the Convention does not attract a great number of parties. The latter has sometimes been said of much of the Vienna Convention on the Law of Treaties. As the law on state immunity has undergone much of its substantial development by practice of national courts (albeit that the piecemeal adoption and implementation of treaties has played some part), could this process not simply continue with the Convention providing guidance or a model? If the trend from absolute to restrictive immunity could occur by development of customary law, are there not still adequate means of consolidating customary law without the need for states actually to become parties to the treaty?


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