TRADITION AND JUSTICE
Research Report
TRADITION AND JUSTICE
Gerhard Wahlers
Copyright Date: Jan. 1, 2013
Published by: Konrad Adenauer Stiftung
Pages: 104
OPEN ACCESS
https://www.jstor.org/stable/resrep10120
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  1. Front Matter
    Front Matter (pp. 1-2)
  2. Table of Contents
    Table of Contents (pp. 3-3)
  3. EDITORIAL
    EDITORIAL (pp. 4-6)
  4. INDIGENOUS AND STATE JUSTICE IN LATIN AMERICA COOPERATION OR COEXISTENCE?
    INDIGENOUS AND STATE JUSTICE IN LATIN AMERICA COOPERATION OR COEXISTENCE? (pp. 7-30)
    Susanne Käss and Christian Steiner

    In 2007, in the Mexican state of Oaxaca, Eufrosina Cruz Mendoza stood for the position of mayor in her Zapotec home community. Although the majority of citizens voted for her, the election outcome was not accepted by traditional authorities in the village because women had traditionally not enjoyed active or passive voting rights in Santa Maria Quiegolani. Although Eufrosina was able to convince the majority of people in her community of her suitability, she could not convince the courts that had jurisdiction in the area. Reason being, when she attempted to exercise her individual rights, the courts decided that the...

  5. POLITICS, CHIEFTAINCY AND CUSTOMARY LAW IN GHANA
    POLITICS, CHIEFTAINCY AND CUSTOMARY LAW IN GHANA (pp. 31-48)
    Isaac Owusu-Mensah

    Ghana has been recognised internationally in recent years as a country whose democratic reform efforts have not only been emblematic of successful democratisation, but which also have brought significant benefits to the country. However, the country continues to cherish and maintain ancient values and tradition, exemplified most strongly by the institution of Chieftaincy. Chieftaincy is the custodian of the customary values and norms in the country: defined as customary laws that regulate civil behavior in traditional governance. However, over the years, politics have influenced the institution of chieftaincy and customary law.

    Chieftaincy is one of the few resilient institutions that...

  6. INFORMAL JUSTICE IN THE PALESTINIAN LEGAL SYSTEM CONFLICT OR COEXISTENCE BETWEEN LEGAL ORDERS?
    INFORMAL JUSTICE IN THE PALESTINIAN LEGAL SYSTEM CONFLICT OR COEXISTENCE BETWEEN LEGAL ORDERS? (pp. 49-61)
    Jamil Salem and Ilona-Margarita Stettner

    The Palestinian Legal System is often characterised as complex, since it consists of different layers of colonial codes and rules: Ottoman, British, Jordanian, and Egyptian laws, Israeli military orders and Palestinian legislation. Complicating matters further, there are at least two segments of legal and judicial life that coexist in Palestine:¹ Codified laws and regulations, which include the religious laws (i.e. Sharia), and an informal system of conflict resolution based on customs (urf).

    In recent years, both the Palestinian Authority and the International Community have put effort into building and strengthening the formal justice system in the Palestinian Territory. Today, there...

  7. THE SYRIAN REFUGEE CRISIS AS A RESULT OF THE UNRESOLVED CONFLICT IN SYRIA
    THE SYRIAN REFUGEE CRISIS AS A RESULT OF THE UNRESOLVED CONFLICT IN SYRIA (pp. 62-78)
    Otmar Oehring

    The ongoing conflict in Syria that began in early 2011 has not only spread death and destruction across the country, but has also led to a refugee movement of enormous proportions among Syrian citizens. Of Syria’s 21.9 million inhabitants, approximately 4.25 million have become internally displaced persons (IDPs),¹ or people who, although they still live in Syria, no longer live in their original place of residence. In addition, the conflict has led a further 1.76 million people² to flee Syria for neighbouring countries, according to the United Nations’ Refugee Agency (UNHCR). This means that approximately 27.5 per cent of the...

  8. THE EUROPEAN EXTERNAL ACTION SERVICE A DIFFICULT START OF AN INNOVATIVE INSTITUTION
    THE EUROPEAN EXTERNAL ACTION SERVICE A DIFFICULT START OF AN INNOVATIVE INSTITUTION (pp. 79-101)
    Olaf Wientzek

    The European External Action Service, created in December 2010, has the potential to become an innovative foreign policy instrument and to strengthen Europe’s global role. The EEAS has the potential to make European foreign policy more coherent and efficient and may be a vital contribution to the development of a European strategic culture. Nevertheless, it has had a difficult start and is still struggling for recognition by other foreign policy actors. It has so far been unable to fulfil the high expectations placed upon it. This year’s evaluation of the EEAS, carried out by its own head, Catherine Ashton, the...

  9. Back Matter
    Back Matter (pp. 102-102)