This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.

Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography

These essays, written in the 1930s and 1940s, represent a first selection in English from the major work of the founder of the famous Institute for Social Research in Frankfurt. Horkheimer's writings are essential to an understanding of the intellectual background of the New Left and the to much current social-philosophical thought, including the work of Herbert Marcuse. Apart from their historical significance and even from their scholarly eminence, these essays contain an immediate relevance only now becoming fully recognized.

The Indonesian term adat means ‘custom’ or ‘tradition’, and carries connotations of sedate order and harmony. Yet in recent years it has suddenly become associated with activism, protest and violence. This book investigates the revival of adat in Indonesian politics, identifying its origins, the historical factors that have conditioned it and the reasons behind its recent blossoming. It considers whether the adat revival is a constructive contribution to Indonesia’s new political pluralism or a divisive, dangerous and reactionary force, and examines the implications for the development of democracy, human rights, civility and political stability. The Revival of Tradition in Indonesian Politics provides detailed coverage of the growing significance of adat in Indonesian politics. It is an important resource for anyone seeking to understand the contemporary Indonesian political landscape.

'A landmark in the process of decolonizing imperial Western knowledge.' Walter Mignolo, Duke University To the colonized, the term 'research' is conflated with European colonialism; the ways in which academic research has been implicated in the throes of imperialism remains a painful memory. This essential volume explores intersections of imperialism and research - specifically, the ways in which imperialism is embedded in disciplines of knowledge and tradition as 'regimes of truth.' Concepts such as 'discovery' and 'claiming' are discussed and an argument presented that the decolonization of research methods will help to reclaim control over indigenous ways of knowing and being. Now in its eagerly awaited second edition, this bestselling book has been substantially revised, with new case-studies and examples and important additions on new indigenous literature, the role of research in indigenous struggles for social justice, which brings this essential volume urgently up-to-date.

Tracing the evolution of social capital since his highly acclaimed contribution of 2001 (Social Capital Versus Social Theory), Ben Fine consolidates his position as the world's leading critic of the concept. Fine forcibly demonstrates how social capital has expanded across the social sciences only by degrading the different disciplines and topics that it touches: a McDonaldization of social theory. The rise and fall of social capital at the World Bank is critically explained as is social capital's growing presence in disciplines, such as management studies, and its relative absence in others, such as social history. Writing with a sharp critical edge, Fine not only deconstructs the roller-coaster presence of social capital across the social sciences but also draws out lessons on how (and how not) to do research.

This book explores the concept of 'cognitive injustice': the failure to recognise the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. Boaventura de Sousa Santos shows why global social justice is not possible without global cognitive justice. Santos argues that Western domination has profoundly marginalised knowledge and wisdom that had been in existence in the global South. She contends that today it is imperative to recover and valorize the epistemological diversity of the world. Epistemologies of the South outlines a new kind of bottom-up cosmopolitanism, in which conviviality, solidarity and life triumph against the logic of market-ridden greed and individualism.