{"title":"调和人权与习惯法:小规模渔业治理中的法律多元化**","authors":"S. Jentoft, M. Bavinck","doi":"10.1080/07329113.2019.1674105","DOIUrl":null,"url":null,"abstract":"Abstract The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (SSF Guidelines) introduce a human rights framework for fisheries management and development, suggesting an inclusive approach that embraces a range of rights, regimes and interests. These reflect diverse systems of law, values and norms, straddling both customary and statutory systems of governance and tenure. The interface between these different systems poses questions about the extent to which they are reconcilable with a human rights-based approach. The latter originates in the domain of transnational law, which has been increasing in scope and importance in recent decades. How transnational law interacts with and affects various law systems is an empirical question, to which much scholarly attention has gone. The normative question that emerges, however, is how to balance the recognition of universal human rights with respect for historically-evolved and locally legitimate, customary law in case of conflicts between them. This paper investigates some of the tensions and opportunities that arise in the meeting of the SSF Guidelines and customary socio-legal systems, paying special attention to four important fields of overlap and possibly contention: tenure, gender, child labour and markets. Co-management platforms are suggested to be the ideal meeting ground for negotiating acceptable hybrids and designing so-called interlegalities.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6000,"publicationDate":"2019-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"7","resultStr":"{\"title\":\"Reconciling human rights and customary law: legal pluralism in the governance of small-scale fisheries**\",\"authors\":\"S. Jentoft, M. Bavinck\",\"doi\":\"10.1080/07329113.2019.1674105\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (SSF Guidelines) introduce a human rights framework for fisheries management and development, suggesting an inclusive approach that embraces a range of rights, regimes and interests. These reflect diverse systems of law, values and norms, straddling both customary and statutory systems of governance and tenure. The interface between these different systems poses questions about the extent to which they are reconcilable with a human rights-based approach. The latter originates in the domain of transnational law, which has been increasing in scope and importance in recent decades. How transnational law interacts with and affects various law systems is an empirical question, to which much scholarly attention has gone. The normative question that emerges, however, is how to balance the recognition of universal human rights with respect for historically-evolved and locally legitimate, customary law in case of conflicts between them. This paper investigates some of the tensions and opportunities that arise in the meeting of the SSF Guidelines and customary socio-legal systems, paying special attention to four important fields of overlap and possibly contention: tenure, gender, child labour and markets. Co-management platforms are suggested to be the ideal meeting ground for negotiating acceptable hybrids and designing so-called interlegalities.\",\"PeriodicalId\":44432,\"journal\":{\"name\":\"Journal of Legal Pluralism and Unofficial Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2019-09-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"7\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Legal Pluralism and Unofficial Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/07329113.2019.1674105\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Legal Pluralism and Unofficial Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/07329113.2019.1674105","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Reconciling human rights and customary law: legal pluralism in the governance of small-scale fisheries**
Abstract The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (SSF Guidelines) introduce a human rights framework for fisheries management and development, suggesting an inclusive approach that embraces a range of rights, regimes and interests. These reflect diverse systems of law, values and norms, straddling both customary and statutory systems of governance and tenure. The interface between these different systems poses questions about the extent to which they are reconcilable with a human rights-based approach. The latter originates in the domain of transnational law, which has been increasing in scope and importance in recent decades. How transnational law interacts with and affects various law systems is an empirical question, to which much scholarly attention has gone. The normative question that emerges, however, is how to balance the recognition of universal human rights with respect for historically-evolved and locally legitimate, customary law in case of conflicts between them. This paper investigates some of the tensions and opportunities that arise in the meeting of the SSF Guidelines and customary socio-legal systems, paying special attention to four important fields of overlap and possibly contention: tenure, gender, child labour and markets. Co-management platforms are suggested to be the ideal meeting ground for negotiating acceptable hybrids and designing so-called interlegalities.
期刊介绍:
As the pioneering journal in this field The Journal of Legal Pluralism and Unofficial Law (JLP) has a long history of publishing leading scholarship in the area of legal anthropology and legal pluralism and is the only international journal dedicated to the analysis of legal pluralism. It is a refereed scholarly journal with a genuinely global reach, publishing both empirical and theoretical contributions from a variety of disciplines, including (but not restricted to) Anthropology, Legal Studies, Development Studies and interdisciplinary studies. The JLP is devoted to scholarly writing and works that further current debates in the field of legal pluralism and to disseminating new and emerging findings from fieldwork. The Journal welcomes papers that make original contributions to understanding any aspect of legal pluralism and unofficial law, anywhere in the world, both in historic and contemporary contexts. We invite high-quality, original submissions that engage with this purpose.