The Hybrid Courts of Melanesia : A Comparative Analysis of Village Courts of Papua New Guinea, Island Courts of Vanuatu, and Local Courts of Solomon Islands

This paper examines three systems of courts of justice, each in a different country in the region of South Pacific islands known as Melanesia, where state legal systems have been adopted from former European colonial governments. The systems discussed are, by comparison, 'hybrid', each of them having been established with the intention of addressing disputes among small-scale social groups by less formal means or by taking greater heed of customary forms of dispute resolution. The paper applies a comparative analysis of these systems, covering their distinct history and the variances in structure, funding, personnel and jurisdictional coverage that impact on their effectiveness as state-sanctioned courts. Conclusions are offered with observations about the strengths and weaknesses of these hybrid systems and their potential for development as instruments of community-owned justice in Melanesia.

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Bibliographic Details
Main Authors: Evans, Daniel, Goddard, Michael, Paterson, Don
Language:English
en_US
Published: World Bank, Washington, DC 2010-01
Subjects:ACCESS TO JUSTICE, ADULTERY, ARBITRATION, ARREST, CHILDHOOD, CIVIL PROCEDURE, CIVIL SOCIETY, CLAIM, COMMON LAW, COMPENSATION, CONSENT, COURT, COURT DECISIONS, COURT HEARING, COURT HEARINGS, COURT JURISDICTION, COURT ORDERS, COURT PROCEDURE, COURT PROCEEDINGS, COURT RECORDS, COURT RULES, COURT SECRETARIAT, COURT SESSIONS, COURT SYSTEMS, COURTS, CRIMES, CRIMINAL, CRIMINAL CASES, CRIMINAL JUSTICE, CRIMINAL LAW, CRIMINAL PROCEDURE, CRIMINALS, CUSTODY, CUSTOMARY LAW, CUSTOMS, DISPUTE, DISPUTE RESOLUTION, DISPUTE SETTLEMENT, DISPUTES, DIVORCE, DIVORCES, DOMINANCE, EMPOWERMENT, FEMALE, GENDER, GENDER BIAS, GUARDIANSHIP, HUMAN RIGHTS, IMPRISONMENT, INFRACTIONS, INVESTIGATION, JAIL, JUDGES, JUDGMENTS, JUDICIAL OVERSIGHT, JUDICIAL SERVICES, JUDICIARY, JURISDICTION, JURISPRUDENCE, JUSTICE, JUSTICE SYSTEM, JUSTICES, JUVENILE OFFENDERS, JUVENILES, LAND OWNERSHIP, LAWS, LAWYERS, LEGAL ASSISTANCE, LEGAL DOCUMENTATION, LEGAL EXPENSES, LEGAL INFORMATION, LEGAL INSTITUTIONS, LEGAL STATUS, LEGAL SYSTEM, LEGAL SYSTEMS, LEGAL TECHNICALITIES, LEGAL TRAINING, LEGISLATION, MAGISTRATES, MEDIATION, MINOR OFFENSES, NATURAL JUSTICE, OFFENDERS, OFFENSE, OFFENSES, OPPRESSION, OWNERSHIP OF LAND, PARENTS, PENAL CODE, PLEADINGS, POLICE, POLICE OFFICER, POLICING, PRISON, PROCEDURAL RULES, PROSECUTORS, RAPE, RULE OF LAW, RULES, RULES OF EVIDENCE, RULES OF PROCEDURE, SANCTIONS, STATE COURTS, STATE INSTITUTIONS, TECHNICAL ASSISTANCE, TERRITORIAL JURISDICTION, TESTIMONY, TREATMENT OF CHILDREN, TRIBUNALS, VIOLENCE, VIOLENCE AGAINST WOMEN, WAR, WILL, WOMAN,
Online Access:http://documents.worldbank.org/curated/en/2010/01/14276330/hybrid-courts-melanesia-comparative-analysis-village-courts-papua-new-guinea-island-courts-vanuatu-local-courts-solomon-islands
https://hdl.handle.net/10986/18107
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