Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Customary Law and Authority in a State under Construction: The Case of South Sudan

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of African Journal of Legal Studies

Abstract Customary law in South Sudan is a powerful symbol of emancipation from two centuries of external domination, and paradoxically, also the product of such external domination. Most citizens of the world’s newest state rely more on customary laws and local authorities to regulate their conflicts than on other civilian state institutions and statutory law. At the current juncture, influential decision-makers in and outside the government are pushing to develop Sudan’s customary laws into a Common Law for South Sudan. However, the legacy of the armed conflict, including patterns of militarization, and the ongoing modernization of society, pose challenges for customary systems. Furthermore, customary systems exhibit certain human rights deficits and, therefore, need to be made compatible with the constitutional framework of South Sudan. The recognition of customary authority and law as an essential part of the governance structure, coupled with targeted engagement and reform, are indispensable elements of state and peace building in South Sudan. The government and its external partners must walk a tightrope to integrate the local capacity offered by the customary system into their wider efforts without inadvertently stifling its potential to reform from within or undermining democratically elected institutions.

Affiliations: 1: Office of the United Nations High Commissioner for Human Rights, United Nations Office at Geneva CH-1211 Geneva Switzerland

10.1163/17087384-12342014
/content/journals/10.1163/17087384-12342014
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/17087384-12342014
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/17087384-12342014
Loading

Article metrics loading...

/content/journals/10.1163/17087384-12342014
2012-01-01
2016-12-08

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    African Journal of Legal Studies — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation