Legal Pluralism, Customary Law and Environmental Management: The Role of International Law for the South Pacific

Author(s):  
Erika J. Techera
Author(s):  
Eva-Marie Kröller

This chapter discusses national literary histories in Australia, Canada, New Zealand, and the South Pacific and summarises the book's main findings regarding the construction and revision of narratives of national identity since 1950. In colonial and postcolonial cultures, literary history is often based on a paradox that says much about their evolving sense of collective identity, but perhaps even more about the strains within it. The chapter considers the complications typical of postcolonial literary history by focusing on the conflict between collective celebration and its refutation. It examines three issues relating to the histories of English-language fiction in Australia, Canada, New Zealand, and the South Pacific: problems of chronology and beginnings, with a special emphasis on Indigenous peoples; the role of the cultural elite and the history wars in the Australian context; and the influence of postcolonial networks on historical methodology.


2021 ◽  
Author(s):  
Sunil Kumar Pariyar ◽  
Noel Keenlyside ◽  
Wan-Ling Tseng

<p><span>We investigate the impact of air-sea coupling on the simulation of the intraseasonal variability of rainfall over the South Pacific using the ECHAM5 atmospheric general circulation model coupled with Snow-Ice-Thermocline (SIT) ocean model. We compare the fully coupled simulation with two uncoupled simulations forced with sea surface temperature (SST) climatology and daily SST from the coupled model. The intraseasonal rainfall variability over the South Pacific Convergence Zone (SPCZ) is reduced by 17% in the uncoupled model forced with SST climatology and increased by 8% in the uncoupled simulation forced with daily SST. The coupled model best simulates the key characteristics of the two intraseasonal rainfall modes of variability in the South Pacific, as identified by an Empirical Orthogonal Function (EOF) analysis. The spatial structure of the two EOF modes in all three simulations is very similar, suggesting these modes are independent of air-sea coupling and primarily generated by the dynamics of the atmosphere. The southeastward propagation of rainfall anomalies associated with two leading rainfall modes in the South Pacific depends upon the eastward propagating </span><span>Madden-Julian Oscillation (</span><span>MJO</span><span>)</span><span> signals over the Indian Ocean and western Pacific. Air-sea interaction seems crucial for such propagation as both eastward and southeastward propagations substantially reduced in the uncoupled model forced with SST climatology. Prescribing daily SST from the coupled model improves the simulation of both eastward and southeastward propagations in the uncoupled model forced with daily SST, showing the role of SST variability on the propagation of the intraseasonal variability, but the periodicity differs from the coupled model. The change in the periodicity is attributed to a weaker SST-rainfall relationship that shifts from SST leading rainfall to a nearly in-phase relationship in the uncoupled model forced with daily SST.</span></p>


Author(s):  
Emilia Justyna Powell

This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these legal traditions, their co-evolution, and the academic conversations on this topic. The chapter also addresses the Islamic milieu’s contributions to international law, and sources of Islamic law including the Quran, sunna, judicial consensus, and analogical reasoning. It talks about the role of religion in international law. Mapping the specific characteristics of Islamic law and international law offers a glimpse of the contrasting and similar paradigms, spirit, and operation of law. This chapter identifies three points of convergence: law of scholars, customary law, and rule of law; as well as three points of departure: relation between law and religion, sources of law, and religious features in the courtroom (religious affiliation and gender of judges, holy oaths).


2017 ◽  
Vol 24 (4) ◽  
pp. 467-483
Author(s):  
Dolores Morondo Taramundi

This article aims to address a number of distinct characteristics of the European debate on legal pluralism as a means for accommodating religious diversity and religious normative orders. In contrast with the us and Canada, where there is a long-standing and varied tradition in jurisprudence that underpins theoretical debates and proposals, European case law is characterised by the prominent role of private international law. Public discussion has also been highly influenced by the uk controversy surrounding the application of Sharia law in arbitration. This article explores how this background shapes the space for religious normative orders, their potential as a means of accommodating religious diversity and the reasons and challenges ahead in the move from private international law to constitutional law for pluralistic arrangements.


1966 ◽  
Vol 4 (3) ◽  
pp. 375-380
Author(s):  
Sol Picciotto

The judgment of the International Court of Justice of 18 July 1966 in the South-West Africa case throws revealing light on the role of that Court in the international community. A proper analysis of this case may also help to dispel some of the mystification about international law and the attitude of the new nations to it.


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