Legal Pluralism and Development Policy

Sage, Caroline; Woolcock, Michael

doi:10.1017/cbo9781139094597.002

Cited by 24 publications

(7 citation statements)

References 21 publications

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“…Taubman (2005, 526) defines such a framework as being "an heterogeneous network of mutual recognition that does not confine [traditional knowledge] to one distinct genus, but recognizes that divergent knowledge traditions, integrated with customary law, warrant recognition as distinct genera, under the aegis of a general set of core principles." Although at present the amorphous nature of customary law appears to present significant obstacles to the adoption of such a framework, insights from the developments occurring in the field of non-state justice systems generally (International Council on Human Rights Policy, 2009;Albrecht and Kyed, 2010;Sage et al, 2011), and from successful traditional knowledge initiatives based on customary law worldwide (Recht, 2009, p.242; International Institute for the Environment and Development, Nijar, 2010, p. 473) are sure to offer many solutions. 24…”

Section: Resultsmentioning

confidence: 99%

The traditional knowledge movement in the Pacific Island countries: the challenge of localism

Forsyth

2011

Prometheus

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This paper explores the challenge of respecting the local nature of traditional knowledge in two Pacific islands regional initiatives. It argues that the embedded nature of traditional knowledge within the social fabric of Pacific island communities necessitates an approach to regulation that respects existing customary laws and institutions, and contrasts this with the prevailing state-centred approaches. It also unpacks the different agendas behind the ambiguous term "protection' and demonstrates the potential for misunderstandings amongst different stakeholders involved in this field. The paper finally identifies a number of negative consequences that could eventuate if a homogenized, state-based approach is adopted in this area, arguing that care must be taken to ensure that the regulatory framework chosen does not destroy more than it protects.

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Section: Resultsmentioning

confidence: 99%

The traditional knowledge movement in the Pacific Island countries: the challenge of localism

Forsyth

2011

Prometheus

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“…Regulatory space is an analytical construct that challenges hierarchical notions of regulation and draws attention away from the state as the sole source of regulatory authority (Hancher and Moran, 1998: 271; Scott, 2001). The spatial image is key to this approach (Hancher and Moran, 1998: 153–154).…”

Section: Regulatory Pluralism In Collective Labour Dispute Resolution...mentioning

confidence: 99%

“…The spatial image is key to this approach (Hancher and Moran, 1998: 153–154). Within any given regulatory space, regulatory power is dispersed and fragmented between various state and private actors (Scott, 2001: 2). The boundaries of the space, and the relative power of actors within it, are subject to contestation and negotiation between actors.…”

Section: Regulatory Pluralism In Collective Labour Dispute Resolution...mentioning

confidence: 99%

“…Place and time matter to regulatory space analysis (Hancher and Moran, 1998: 55). The constellation of actors in a particular regulatory space, and the relations between them, is influenced by a range of historical, cultural and economic factors (Scott, 2001; Inversi et al, 2017: 294). National political cultures 7 and legal traditions (including culturally formed assumptions about the purpose and role of law) play an important role in determining the scope of a regulatory space and influencing who has access and on what terms and delimiting beliefs about what is possible within the space (Hancher and Moran, 1998: 155–6; Scott, 2001).…”

Section: Regulatory Pluralism In Collective Labour Dispute Resolution...mentioning

confidence: 99%

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Regulatory pluralism and the resolution of collective labour disputes in Southeast Asia

Landau¹,

Howe²,

Tran³

et al. 2023

Journal of Industrial Relations

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This paper proposes a new framework for the analysis of collective labour dispute resolution. It begins by explaining why dominant conceptual frameworks in IR and labour law scholarship are insufficient on their own to capture the plurality of regulatory sources that bear upon collective labour dispute resolution. The authors then draw on theoretical insights from regulatory studies on the presence and interaction of multiple regulatory orders, and socio-legal scholarship on dispute resolution, to propose a framework that enables the investigation of both the formal and informal aspects of labour dispute resolution and their interplay. This framework disaggregates data collection and analysis into five components: (i) actors; (ii) nature of dispute; (iii) arenas and processes; (iv) interactions; and (v) outcomes. The framework is particularly tailored to, and based on evidence from, Southeast Asia, but may also have wider application beyond this region.

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“…For a long time, legal scholars insisted on separating out the state legal system as a final arbiter of other institutions' authority. The state legal system, in other words, serves as a centralized metainstitution that determines jurisdiction for all state and nonstate institutions under it (Sage and Woolcock 2012). This view is giving way to a more relational approach (e.g., Eisenberg 2019).…”

Section: Traditional Versus Commercial Khat Producing Areasmentioning

confidence: 99%

Restricting pesticides on a traditional crop: the example of khat (Catha edulis) and the Njuri Ncheke of Meru, Kenya

Krueger¹,

Mutyambai²

2020

E&S

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Rampant increase and diversification of synthetic pesticides poses health, environmental, and livelihood risks especially to smallholder farmers who dominate agriculture in sub-Saharan Africa. Legal mechanisms for regulating pesticides, although important, have not fully addressed the dangers of ecological services disruptions due to accumulation of different pesticides over time. Legal mechanisms also are not well suited to developing countries because of weak monitoring and enforcement capacity. Understanding the role of other accountability mechanisms in farming, driven by norm leaders in the community, is thus of paramount importance. We investigated the effectiveness of a traditional accountability mechanism, i.e., local councils of elders known as the Njuri Ncheke, in controlling pesticide use in khat (Catha edulis). Khat samples were taken from traditional production systems in which these councils have influence and from commercial production systems lacking the councils' influence. The samples were analyzed for pesticide residues using liquid chromatography mass spectrometry. Individual farmer interviews were also carried out, inquiring about the influence of the Njuri Ncheke on the local community and on pesticide use in crop production. Our results show that a variety of agrochemical pesticides are being used by smallholder khat farmers and that local Njuri Ncheke councils have had success in limiting pesticide use, arguably more success than any government agency working to control pesticides on any local crop. These results show the potential of public accountability through traditional institutions like councils of elders and the role they can play in complimenting legal regulation mechanisms for successful pesticides management in agroecosytems.

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Legal Pluralism and Development Policy

Cited by 24 publications

References 21 publications

The traditional knowledge movement in the Pacific Island countries: the challenge of localism

The traditional knowledge movement in the Pacific Island countries: the challenge of localism

Regulatory pluralism and the resolution of collective labour disputes in Southeast Asia

Restricting pesticides on a traditional crop: the example of khat (Catha edulis) and the Njuri Ncheke of Meru, Kenya

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