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Call for Papers
"African Customary Law Revisited: The Role of Customary Law
in the 21st Century"
Leitner Center for International Law and Justice,
Fordham University
Gaborone (Botswana)
23-24 October 2008
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The sponsoring organization of "African Customary Law
Revisited: The Role of Customary Law in the 21st Century"
invites submissions and participant nominations for a
collaborative exchange and discussion at a two-day
conference to take place on October 23-24, 2008 in Botswana.
The conference working language will be English. The
conference will include paper presentations on topics
detailed below and will also include working group
discussions with a broad range of stakeholders, including,
for example, traditional leaders, members of the judiciary,
representatives of non-governmental organizations and other
interested persons, on topics related to customary law.
Customary law, the traditional law indigenous to a region,
continues to regulate many areas of peoples lives in
Africa. For example, some African constitutions now enshrine
the right to culture and oblige courts to apply customary
law where applicable. Elsewhere, constitutional and
statutory law have superseded most or all customary law.
Yet, even in situations where constitutional law, statutory
law and common law have largely superseded it, customary law
may nevertheless govern in certain areas, such as family
relations. For example, in many places, the requirements for
marriage, the rights and duties of husbands and wives, the
obligations toward and custody of children, the ownership of
property acquired during marriage, and many other aspects of
family life are governed by customary law. Moreover, even
where conflicting constitutional or statutory law exists,
lack of access to legal resources may mean that, as a
practical matter, customary law still governs. Finally, the
persistence of longstanding expectations and social
practices informed by customary law has given rise to many
problems in enforcing contradictory statutory law.
Notwithstanding the significant role customary law continues
to play in peoples lives, there has been a notable lack of
research and formal scholarly exchange on the topic. As
detailed further below, the African Customary Law Revisited
conference will attempt to fill this gap by exploring the
nature, substance and role of customary law in Africa in the
21st Century.
Transportation to the conference venue, lodging, meals and
transportation at the venue will be subject to arrangement
between the sponsoring organizations and the event
participants.
CALL FOR PAPERS
Twenty papers will be selected for presentation at the
conference by a Steering Committee comprised of members from
the sponsoring organization. All proposals should include a
project description and the applicants curriculum vitae.
All proposals should be in English with project descriptions
not to exceed 1000 words. As publication of selected papers
in contemplated, submissions should describe work that has
not been previously published.
Possible topics for consideration:
- What is customary law in the 21st Century?
- How is customary law ascertained? What are the
sources of customary law? How is it generated? How does
it change?
- The history of customary law; customary law and
colonialism
- Procedural aspects of customary law / Venues to enforce
customary law
- Traditional courts and other venues for decision
- The relationship between traditional courts or
decision-makers and the formal court systemm
- Evidentiary standards and methods of proving customary
law
- Codification of customary law
- Substantive areas of customary law, for example:
- Land tenure
- Family law
- Environmental law
- Chieftancy
- Intellectual Property
- Criminal law
- Gender and customary law
- Customary law and international law
SUBMISSION DEADLINE IS MARCH 25, 2008.
Proposals should be submitted by e-mail to:
[email protected]
Participants will be notified in April 2008 that their
papers have been accepted for presentation at the
conference. The papers will be published together in a book
after the conference and will be posted on-line at:
http://www.leitnercenter.org
Publication is contingent on producing a final paper of
publishable quality.
CALL FOR NOMINATIONS
The sponsoring organizations invite nominations of
traditional leaders, members of the judiciary or other
persons or organizations who may be interested in attending
the conference to participate in the working group
discussions and discussion of papers. Persons may
self-nominate or nominate others with expertise in matters
related to customary law.
Nominations should include:
- The title and address of person or organization nominated.
- An explanation of the reasons for the nomination (500-word
limit) including:
- What is the person or organizations role with respect
to customary law? What is the basis for the person or
organizations expertise in this area?
- Why, specifically, do you believe this person or
organization should be included in the conference?
- What areas or issues related to customary law would the
person or organization be most interested in discussing?
- Submitter information: Your name, mailing address, phone
number and e-mail address.
NOMINATION DEADLINE is March 25, 2008.
Nominations should be submitted by e-mail to:
[email protected]
Nominated persons and organizations who are accepted to
participate in the conference will be notified in April
2008.
Contact:
Leitner Center for International Law and Justice
Fordham University
33 West 60th Street, 2nd Fl
New York, NY 10023
USA
Tel: +1-212-636-6862
Fax: +1-212-636-6775
Email: [email protected]
Web: http://www.leitnercenter.org
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