Informal Justice Systems: Challenges and Perspectives

Abstract In large parts of the world, indigenous courts, councils of elders, and similar traditional authorities play a central role in the resolution of disputes. Despite all cultural differences, they share common features. Their relations with the state justice institutions are in many cases problematic, especially when they are not formally recognised. Nevertheless, they are perceived as legitimate institutions by local populations. Therefore, more recent strategies that aim at building the rule of law and improving access to justice include informal justice institutions as important stakeholders. In most cases, however, their positive potential can only be effectively used if they are reformed and linked to state institutions. This will be especially important in order to ensure that basic human rights standards are met. The inclusion of informal justice institutions will lead to a more comprehensive approach towards building the rule of law. Visible changes should however not be expected in the short term

The Politics of Recognition: Changing Understandings of Human Rights, Social Development and Land Rights as Normative Foundation of Global Social Policy

Leisering L, Davy B, Davy U. The Politics of Recognition: Changing Understandings of Human Rights, Social Development and Land Rights as Normative Foundation of Global Social Policy. In: Lachenmann F, Röder TJ, Wolfrum R, eds. Max Planck Yearbook of United Nations Law Volume 18 (2014). Leiden: Brill; 2015: 565-600