Suchergebnisse

'Igat fulap rod blong hem' --The possibilities and limitations of legal pluralism --Tradition and transformation in leadership structures and conflict-management mechanisms --Mat, kava, faol, pig, buluk, woman: the operation of the kastom system in Vanuatu today --The relationship between the state and kastom systems --The problems of the existing relationship between the state and kastom systems --A typology of relationships between state and non-state justice systems --A new method of legal pluralism.

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.

This article considers the relationship between customary law (kastom) and the official legal system in Vanuatu. It looks at the limitations of the reasons propounded for the lack of integration of customary law and the official legal system and argues that the integration should be a two-way process. The author asserts that a new methodological approach is required to assess the issue regarding the current extent of integration, desirability of integration and capacity for integration of the two systems. Rather than merely analysing case law or legislation, the author argues that the reality behind this picture needs to be investigated and empirical research undertaken.

This article explores some key considerations around determining who should have the right to control access to, and benefit from, traditional knowledge and intangible cultural heritage. It highlights the complexities involved in these considerations by examining in detail the different claims to control by different segments of the population in regard to two case studies: Samoan tattooing and the Vanuatu land dive. It uses insights from this analysis to problematize the assumptions about the use of concepts such as "community" in legislation designed to protection traditional knowledge and expressions of culture, and it also reflects on what effect such legislative developments may have on the cultural industries initiative and the implementation of the Convention on Intangible Cultural Heritage.

Traditional knowledge is increasingly being seen as a potential source of economic value in the Pacific Islands region. As a result of this, and a belief that traditional knowledge is currently at risk in a number of respects, a move to protect it has dev

This article explores some key considerations around determining who should have the right to control access to, and benefit from, traditional knowledge and intangible cultural heritage. It highlights the complexities involved in these considerations by examining in detail the different claims to control by different segments of the population in regard to two case studies: Samoan tattooing and the Vanuatu land dive. It uses insights from this analysis to problematize the assumptions about the use of concepts such as �community� in legislation designed to protection traditional knowledge and expressions of culture, and it also reflects on what effect such legislative developments may have on the cultural industries initiative and the implementation of the Convention on Intangible Cultural Heritage.

1. Environmental Restorative Justice: An introduction and an invitation -- 2. Restorative justice, repairing the harm and environmental outcomes -- 3. Restorative justice and environmental criminal law: A virtuous interplay -- 4. Restorative justice and Earth jurisprudence -- 5. Nature's rights and developing remedies: Enabling substantive and restorative relief in civil litigation -- 6. Earth trusteeship and the sovereign state -- 7. Turning up the restorative dial in environmental regulation with an Adaptive Learning Loop -- 8. Participatory governance and restorative justice: What potential blending in environmental policymaking? - 9. Climate reparations, compensation, and intergenerational restorative justice -- 10. Meeting on thin ice: The potential for restorative climate justice in de-glaciating environments -- 11. Environmental restorative justice in transitional settings -- 12. The importance of environmental restorative justice for the United Nations Decade on Ecosystem Restoration (2021- 2030) -- 13. Restorative justice for illegal harms against animals: A potential answer full of interrogations -- 14. Towards environmental restorative justice in South Africa: How to understand and address wildlife offences -- 15. Exploring environmental restorative philosophy for victims: The pollution and life-world in Minamata, Japan -- 16. The art of repair: Restorative responses to environmental harm and ecocide -- 17. Harm to knowledge: Criminalising environmental movements speaking up against megaprojects -- 18. Looking for the restoration in restorative justice's response to civil disobedience -- 19. Environmental restorative justice in the Philippines: The innovations and unfinished business in waterways rehabilitation -- 20. Restoring justice and environmental knowledge in Sámi reindeer husbandry? - 21. Restor(y)ing the past to envision an 'other' future: A decolonial environmental restorative justice perspective -- 22. Socio-environmental harms in Chile under the restorative justice lens: The role of the state -- 23. Restorative justice conferencing in a New Zealand environmental offending context: Two models -- 24. Comparing institutional responses to the mining tailings dams collapses in Mariana and Brumadinho (Brazil) from an environmental restorative justice perspective -- 25. Restorative environmental justice with transnational corporations -- 26. Environmental restorative justice: Activating synergies.

It is extremely difficult to gauge the nature and extent of sorcery accusation–related violence (SARV) at a national level in any country. In part this is due to under-reporting and because official health and justice records do not typically monitor whether incidents are linked to sorcery accusations. Papua New Guinea poses particular challenges because of its language and cultural diversity, and poor reach and reliability of data collection in government services that respond to SARV. The vast majority of literature on SARV in Papua New Guinea is qualitative in nature, and most is localised, with very few quantitative studies. ; AusAID

Intro -- Foreword -- Preface -- Introduction -- Section One - Theorising Hybridity -- 1. The 'Hybrid Turn': Approaches and Potentials -- 2. Power, Politics and Hybridity -- 3. Hybridity Revisited: Relational Approaches to Peacebuilding in Complex Sociopolitical Orders -- 4. Should the Concept of Hybridity Be Used Normatively as well as Descriptively? -- 5. Is There Still a Place for Liberal Peacebuilding? -- 6. Against Hybridity in the Study of Peacebuilding and Statebuilding -- Section Two - Hybridity and Peacebuilding -- 7. Hybridisation of Peacebuilding at the Local-International Interface: The Bougainville Case -- 8. Reflections on Hybridity as an Analytical Lens on State Formation: The Case of Solomon Islands -- 9. Engaging with 'The Everyday': Towards a More Dynamic Conception of Hybrid Transitional Justice -- 10. Post-hybridity Bargaining and Embodied Accountability in Communities in Conflict, Mozambique -- 11. Hybrid Peacebuilding in Hybrid Communities: A Case Study of East Timor -- Section Three - Hybridity, Security and Politics -- 12. Hybrid Peace/War -- 13. (In)Security and Hybrid Justice Systems in Mindanao, Philippines -- Section Four - Hybridity and Gender -- 14. Inside and Out: Violence against Women and Spatiality in Timor‑Leste -- 15. Hybridity and Regulatory Authority in Fiji: Vernacular Perspectives on Gender and Security -- 16. Hybridity in Port Moresby: Gender, Class and a 'Tiny Bit of Feminism' in Postcolonial Papua New Guinea -- Contributors -- References

"Hybridity on the Ground in Peacebuilding and Development engages with the possibilities and pitfalls of the increasingly popular notion of hybridity. The hybridity concept has been embraced by scholars and practitioners in response to the social and institutional complexities of peacebuilding and development practice. In particular, the concept appears well-suited to making sense of the mutually constitutive outcomes of processes of interaction between diverse norms, institutions, actors and discourses in the context of contemporary peacebuilding and development engagements. At the same time, it has been criticised from a variety of perspectives for overlooking critical questions of history, power and scale. The authors in this interdisciplinary collection draw on their in‑depth knowledge of peacebuilding and development contexts in different parts of Asia, the Pacific and Africa to examine the messy and dynamic realities of hybridity 'on the ground'. By critically exploring the power dynamics, and the diverse actors, ideas, practices and sites that shape hybrid peacebuilding and development across time and space, this book offers fresh insights to hybridity debates that will be of interest to both scholars and practitioners. 'Hybridity has become an influential idea in peacebuilding and this volume will undoubtedly become the most influential collection on the idea. Nuance and sophistication characterises this engagement with hybridity.'
— Professor John Braithwaite"