Juricultural Pluralism Vis-à-vis Treaty Law: State Practice and Attitudes
Martinus Nijhoff Publishers, 2002. gada 11. marts - 342 lappuses
The way in which 'legal' culture has been defined in the past has limited comparative processes to law itself. The author proposes a new term, 'juriculture', defined as 'the axiological and behavioural formula which pertains to the law.' This new definition provides a comparative tool which focuses on ontological and epistemological bases of law and concomitant legal theories which are distilled from these philosophical bases, in addition to primary and secondary rules, and written laws. This book tackles the crucial issue of how divergent individual, State, and Regional cultures impact the international legal system in the law and State practice vis-a-vis treaty interpretation and reservations. An empirical analysis of cases in the Iran-U.S. Claims Tribunal and six human rights' treaties demonstrate that beyond weak juricultural pluralism, which the international legal system provides for, there is also strong juricultural pluralism, which is not envisaged by the system. This highlights the tension between universality and diversity in both primary and secondary rules, and international law itself. This book is a must for those interested in human rights, treaty law, culture, and legal theory. 'It is very much to Dr. Bunn-Livingstone's credit that she has both seen this crucial problem of modern international treaty law and has set about studying it and dissecting its implications for practice, and the ways in which a degree of legal pluralism in both its weak and strong forms are present in the current international legal system. It is not a task which many international lawyers have shown much appetite to tackle. But that renders this contribution to our knowledge the moreimportant.' From the Foreword by Sir Robert Y. Jennings, QC
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acceptance according adopted agreement allows apply approach argued Bangladesh bodies Chapter Civil claims common compatible concepts concerning considered Constitution Convention Court Covenant decision defined determine discussed divergent domestic juriculture domestic law effect equality European examination example existing expressed fact footnote force France freedom given Government human rights human rights treaties ICCPR individual intention interests international law interpretation Iran Iranian Islamic law Israel issue Italy juricultural pluralism jurisdiction Law of Treaties legal culture legal pluralism legal system legislation limited matters meaning multilateral Nations nature norms object and purpose obligations Paragraph participation particular parties persons political position practice present principle procedural protection provisions question reason reference reflect regard regional relating Republic require reservations respect restrictions result rules social society specific supra theory treaty treaty interpretation treaty reservations Tribunal United United Kingdom universal values VCLT Western