Non-state Justice Institutions and the Law ― Decision-making at the Interface of Tradition, Religion and the State

Traditional forms of dispute resolution have become an important aspect in the political and academic debates on law and development and in numerous cases of constitution-making and judicial reform. This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa. Looking at the legitimacy of non-state justice from various angles, this collection explores the ways in which non-state legal systems and governmental structures are embedded in official state justice institutions and how this affects the protection of human rights.

Tilmann J. Roder is Managing Director of the Max Planck Foundation for International Peace and the Rule of Law in Heidelberg, Germany. His recent publications include Constitutionalism in Islamic Countries - Between Upheaval and Continuity (together with Rainer Grote, 2012) and the chapter 'Civil-Military Cooperation in Building the Rule of Law', in Rule of Law Dynamics (edited by A. Nollkaemper et al., 2012).

Matthias Kotter is Research Fellow at the WZB Berlin Social Science Center, Germany. His research focuses on German public law, the social conditions of governance and the rule of law in diverse societies and in areas of limited statehood.

Folke Schuppert is Professor Emeritus at the WZB Berlin Social Science Center and former managing director of the Rule of Law Center at the WZB Social Science Center Berlin, Germany. His research interests include German public law and the theory of statehood and governance.


Rudiger Wolfrum is a Judge at the International Tribunal for the Law of the Sea where he served as the Tribunal's Vice-President (1996-1999) and President (2005-2008) and Managing Director of the Max Planck Foundation for International Peace and the Rule of Law in Heidelberg, Germany. He is the editor of the Max Planck Encyclopedia of Public International Law.