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The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
This work makes the case that cross cultural issues are central to the purposes of legal education, and no longer can such issues be seen as an add-on to the traditional curriculum. The authors argue instead for a critical multiculturalism that is attuned to questions of gender, class, sexuality and social justice, and that must inform the whole law school curriculum.
First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
This book, An International Regime for Marine Scientific Research provides a comprehensive and multi-disciplinary study of the International Regime for Marine Scientific Research. Montserrat examines lingering North-South disagreements on the scope of regulation-how these are exacerbated by unprecedented marine science, methodology and technological developments-and explores means to encourage greater MSR cooperation and negotiation. Published under the Transnational Publishers imprint.
Lawscape: Property, Environment, Law considers the ways in which property law transforms both natural environments and social economies. Addressing law's relationship to land and natural resources through its property regime, Lawscape engages the abstract philosophy of property law with the material environments of place. Whilst most accounts of land law have contributed cultural analyses of historical and political value predominantly through the lens of property rights, few have contributed analyses of the natural consequences of property law through the lens of property responsibilities. Lawscape does this by addressing the relationship between the commodification of land, instituted in and by property law, and ecological and economic histories. Its synthesis of property law and environmental law provides a genuinely transdisciplinary analysis of the particular cultural concepts and practices of land tenure that have been created, and exported, across the globe.
A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgment in the High Court of A...
Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher...
This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.
This seventh edition covers everything from the legal definition of land to the essential elements in a lease or tenancy and the function of covenants in the planning of land use.
Space tourism has become extremely significant in recent times, especially in pursuance of the new space race among corporate giants such as Virgin Galactic, Blue Origin and SpaceX. Each of these corporate giants has already booked thousands of space enthusiasts for a journey to outer space. Given this wide interest of private space players, space tourists as well as countries in space tourism, it is imperative to understand the legal issues involved in space tourism. This book presents important discussions in the domain of space tourism and its legal implications across the globe. It attempts to find solutions to various challenges like safety and security in space, status of space tourist...