The Evolution of Customary Law Arbitration: A Botswana Practice
نویسندگان
چکیده
Many indigenous peoples and local communities place a strong emphasis on customary laws procedures as part of their fundamental identities. Several facets lives are governed by these regulations procedures. Members might have rights obligations clarified them. Customary law has many occasions helped individuals describe or characterize the traits community’s very identity. It is definition intrinsic to life customs people even communities. Custom can be explained behavior binding those within its reach, established lengthy practice. Law vital in any society that wants protect human rights. This protection comes two ways where first one being legally guaranteed second giving victims violations way get back. In most instances, penalties imposed situations also act deterrence future abuse. Before African states were colonized, governance was run chief council. The village answerable headman, who served head smallest group. As conflict inevitable every group people, Botswana’s setup not an exception however community there structures for dispute resolution among community. arbitration dynamic mechanism varying according international practice, national do attempt final definition. practice managed keep intact past after had occurred. world keeps changing things evolving, era reforms progressive laws, paper intends look into evolution arbitration. light custom itself takes time change evolve under newly evolving economic environments. more conservatism nature, therefore how does legal reform affect welfare different sections marginalized populations society? Moreover, looks at through eyes amid hybrid other systems country common Roman-Dutch systems.
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ژورنال
عنوان ژورنال: Beijing Law Review
سال: 2023
ISSN: ['2159-4635', '2159-4627']
DOI: https://doi.org/10.4236/blr.2023.142035