Spinning a Conflict Management Web in Vanuatu: Creating and Strengthening Links between State and non-State Legal Institutions

This article argues that increasing the quality of conflict management in legally plural countries requires creating and strengthening linkages between state and non-state justice systems. Given that the resources relevant to conflict management are currently held by both state and non-state actors and institutions, this will facilitate a more efficient and effective sharing of these resources. It will also help to eliminate the problems involved with forum shopping, and promote the development of more endogenous and legitimate conflict management institutions as each legal system learns from and adapts to the other. The article discusses a number of initiatives that have taken place in Vanuatu, a country in the South Pacific, that have forged such linkages, and draws out lessons from them about how to better create and strengthen such linkages. The final section of the article proposes a new conceptual framework to help to centralise the analysis of links in conflict management reform. The conflict management web framework presented here approaches reform in a holistic way, taking account of all the actors and institutions involved in this field in a given jurisdiction. It emphasises the need to develop and strengthen the links between institutions and actors whose actions directly or indirectly affect one another in order to help them to work together better. This means both between state, non-state and hybrid actors and institutions, and also between international donors, academics and NGOs

Sorcery and the Criminal Law in Vanuatu

This paper examines the problems of incorporating norms of customary law into the substantive criminal laws of a Melanesian state system. It focuses on the particular crime of sorcery in Vanuatu. It explores the historical and sociological contexts to the belief in sorcery in society today, and also how behaviour generated by the belief (allegations of sorcery and sorcerer-related attacks) is dealt with by the non-state customary legal system. It then investigates how the state has treated the issue of sorcery, discussing both legislative initiatives and also a number of cases brought before the courts in recent years. The paper argues that merely transplanting substantive norms from the customary system into the state system without consideration of the procedural and institutional framework those norms were developed within, or the ramifications the law may have on other aspects of the legal system, is doomed to failure. Finally, it highlights a number of issues that must be considered in order to successfully initiate a more fruitful process of legal pluralism

Understanding Judicial Independence in Vanuatu

This paper is intended to fill a gap in the literature concerning the Vanuatu judiciary, as this topic is rarely addressed other than in reports by international non-government organisations, such as Transparency International and its local chapter, Transparency International (Vanuatu), or bilateral donors and multilateral organisations engaged in law and justice work (which is often unpublished). The paper also identifies potential sources of influence that threaten judicial independence, and reflects upon what insights Vanuatu's experiences may provide into the influence of informal networks on judicial independence more broadly. The paper also raises a number of unanswered questions relating to broader questions about the sources of respect for the judiciary in Vanuatu and the role of culture in relation to this respect.AusAI

Understanding judicial independence in Vanuatu

Abstract: This paper is intended to fill a gap in the literature concerning the Vanuatu judiciary, as this topic is rarely addressed other than in reports by international non-government organisations, such as Transparency International and its local chapter, Transparency International (Vanuatu), or bilateral donors and multilateral organisations engaged in law and justice work (which is often unpublished). The paper also identifies potential sources of influence that threaten judicial independence, and reflects upon what insights Vanuatu’s experiences may provide into the influence of informal networks on judicial independence more broadly. The paper also raises a number of unanswered questions relating to broader questions about the sources of respect for the judiciary in Vanuatu and the role of culture in relation to this respect

The false friends problem for foreign norm transplantation in developing countries

This article investigates the difficulties in transplanting global legal norms into developing countries, specifically the problem of 'false friends.' This is a linguistics concept describing the situation where there is a striking resemblance between two words in two different languages, leading speakers of each language to assume, incorrectly, that they understand the word's meaning in the other language. Even more problematically, the misunderstanding is hidden by the assumption of understanding. We argue that similar problems can occur when there is a superficial similarity (but a fundamental mismatch) between particular global and local norms. We illustrate this through the example of global intellectual property regimes and their reception in Vanuatu and Mexico, showing how reforms are sometimes welcomed into developing countries on the basis of false assumptions that their aims are congruent with existing understandings. Finally, the paper develops some policy implications for avoiding the 'false friends' problem in a transnational legal context

New developments in Papua New Guinea’s research and development regulatory framework

Abstract This In Brief updates In Brief 2015/24 that first reported on the emergence of a new regulatory framework around research and development in Papua New Guinea (PNG). It outlines developments in this area over the past 18 months, including the most recent event, the National Forum on Intellectual Property and Research and Development, held in Port Moresby 1–2 September 2016. It is important that researchers, donor agencies and PNG government departments are aware of these developments because once the new arrangements are in place they will have considerable impact upon the regulation of research and development in PNG. For instance, there will be greater national coordination of research and more requirements on researchers to pay attention to the national research priorities and comply with codes of ethical practice

Tales of intellectual property in the South Pacific

"The aim of this paper is to seek to bridge the gap between ... theoretical justifications and the local context of the Pacific islands region. In doing so, it builds upon the growing body of literature that questions the relevance and utility of intellectual property laws in developing and least developed countries, and indeed the expansionist approach to intellectual property worldwide (see The Washington Declaration on Intellectual Property and the Public Interest 2011). In particular, it contributes empirical evidence regarding countries with weak technical absorptive capabilities, which are often not explicitly considered in empirical studies of developing countries, suggesting that intellectual property rights do not affect all developing and least developed countries in the same way (see Hassan, Yaqub and Diepeveen 2010). This supports Lall’s argument that countries at different stages of development face very different economic costs and benefits from intellectual property laws (Lall 2003:1657–80). The analytical device used in this paper is the presentation of six case studies that investigate the background to the recent invocations of trademark patent, design laws and copyright by a number of local people in Samoa, Fiji and Vanuatu ..." - page 1AusAI

The traditional knowledge movement in the Pacific Island countries: the challenge of localism

This paper explores the challenge of respecting the local nature of traditional knowledge in two Pacific Islands' regional initiatives. It argues that the embedded nature of traditional knowledge within the social fabric of Pacific Island communities necessitates an approach to regulation that respects existing customary laws and institutions, and contrasts this with the prevailing state-centred approaches. It also unpacks the different agendas behind the ambiguous term 'protection' and demonstrates the potential for misunderstanding among different stakeholders involved in this field. The paper finally identifies a number of negative consequences that could eventuate if a homogenised, state-based approach is adopted in this area, arguing that care must be taken to ensure that the regulatory framework chosen does not destroy more than it protects

'Fourteen Jailed': Politics and Justice in Vanuatu

On 9 October 2015, 14 members of the Vanuatu parliament (out of 52) were sentenced to between three and four years jail for the crimes of corruption and bribery of officials (Public Prosecutor v Kalosil [2015] VUSC 149). Five were ministers, two others held Cabinet rank, and all formed part of the government. This In Brief summarises the three main judgments concerned and their implications for the separation of powers and operation of the judicial system in Vanuatu.AusAI