Developing legislation to formalise customary land management: deep legal pluralism or a shallow veneer?

Farran, Sue and Corrin, Jennifer (2016) Developing legislation to formalise customary land management: deep legal pluralism or a shallow veneer?. Law and Development Review, 10 1: 1-27. doi:10.1515/ldr-2016-0017


Author Farran, Sue
Corrin, Jennifer
Title Developing legislation to formalise customary land management: deep legal pluralism or a shallow veneer?
Journal name Law and Development Review   Check publisher's open access policy
ISSN 1943-3867
2194-6523
Publication date 2016-12-02
Year available 2016
Sub-type Article (original research)
DOI 10.1515/ldr-2016-0017
Open Access Status DOI
Volume 10
Issue 1
Start page 1
End page 27
Total pages 27
Place of publication Berlin, Germany
Publisher Walter de Gruyter
Collection year 2017
Language eng
Abstract One of the many post-colonial claims of indigenous people is the re-assertion of their rights over their land and its resources. Colonial history has created for many people a plural legal system and this, combined with social and economic changes, presents new challenges for development in the realm of traditional or customary land. This article focuses on the Pacific island state of Vanuatu, formerly known as the New Hebrides. At independence in 1980 allodial title to all land was returned to the custom owners while colonial forms of land law were also retained. In 2013, after nearly a decade of concern about land alienation, the Vanuatu government introduced the Custom Land Management Act. This article critically analyses this attempt to safeguard customary law and customary institutions in formal, written law, considering in particular the implications for law and development in a plural land law regime.
Keyword Indigenous
Land rights
Customary laws
Legal pluralism
South Pacific
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ
Additional Notes https://www.degruyter.com/view/j/ldr

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
TC Beirne School of Law Publications
 
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Created: Fri, 10 Feb 2017, 13:20:38 EST by Carmen Buttery on behalf of T.C. Beirne School of Law