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TOWARDS A NEW LEGAL PLURALISM IN SOUTH PACIFIC ISLAND STATES

 

ABOUT THE PROJECT...

The objective of this sub-project is to consider the intersection between Indigenous and State Laws to examine the uncertainties and tensions that arise from pluralism in practice. It is achieving this through a targeted examination of customary disputes in Solomon Islands, which will be used to identify transferable solutions for issues arising from pluralism in other jurisdictions. Additionally, this sub-project is considering the types of disputes that arise in pluralistic jurisdictions such as Solomon Islands and how the interactions between various legal frameworks produce‘hybrid’ laws and dispute resolution mechanisms foreign to traditional legal frameworks, such as the role and influence of the Church in dispute resolution.
 
The sub-project seeks to explore legal pluralism and justice in Solomon Islands, concentrating on dispute resolution. By examining existing practices surrounding legal pluralism and the relationship between dispute resolution by indigenous communities and the State, the sub-project aims to expose areas in need of reform in the light of the mandate to accommodate local culture and indigenous customary laws, the demands of international law and the increasingly global environment.

 

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