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Exploring the ‘Ecology’ of Laws at the Interface Between International Rights Law and Subnational Customary Law

Exploring the ‘Ecology’ of Laws at the Interface Between International Rights Law and Subnational... statist recognition to that of active participant in the rights arena.7 There are, however, a good number of obstacles in the way. In Southern Africa, for example, despite certain haphazard attempts at broader inclusion, customary law is to a great degree legally `absent' at official levels.8 4 B. de Sousa Santos, Toward a New Legal Common Sense, 2 edn, LexisNexis Butterworths (2002), p. 472, who describes `contact zones' as `social fields in which different normative life worlds meet and clash'. 5 See, for example, M. wa Mutua, `The politics of human rights: beyond the abolitionist paradigm in Africa', 17 Michigan Journal of International Law (1995­96): 591­613. One general legislative example is the trend to place almost exclusive emphasis on individual rights, which is the dominant international construction, as opposed to group rights, the focus of customary law. Ibid., p. 598. 6 This is not to say, as some examples given below will indicate, that there has not been legislative innovation in Southern Africa to recognise subnational systems, such as customary law, more fully. Rather, it is contended that existing structures are not sufficiently effective and comprehensive. By contrast, blazing a trail and setting the standard for the robust http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Exploring the ‘Ecology’ of Laws at the Interface Between International Rights Law and Subnational Customary Law

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2016
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2016.0143
Publisher site
See Article on Publisher Site

Abstract

statist recognition to that of active participant in the rights arena.7 There are, however, a good number of obstacles in the way. In Southern Africa, for example, despite certain haphazard attempts at broader inclusion, customary law is to a great degree legally `absent' at official levels.8 4 B. de Sousa Santos, Toward a New Legal Common Sense, 2 edn, LexisNexis Butterworths (2002), p. 472, who describes `contact zones' as `social fields in which different normative life worlds meet and clash'. 5 See, for example, M. wa Mutua, `The politics of human rights: beyond the abolitionist paradigm in Africa', 17 Michigan Journal of International Law (1995­96): 591­613. One general legislative example is the trend to place almost exclusive emphasis on individual rights, which is the dominant international construction, as opposed to group rights, the focus of customary law. Ibid., p. 598. 6 This is not to say, as some examples given below will indicate, that there has not been legislative innovation in Southern Africa to recognise subnational systems, such as customary law, more fully. Rather, it is contended that existing structures are not sufficiently effective and comprehensive. By contrast, blazing a trail and setting the standard for the robust

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Feb 1, 2016

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