Suchergebnisse

The commons are social, cultural, semi-legal contracts a people make with their local natural systems that have embedded within them codes of moral and ethical orientations. This paper argues that there exists a lacuna in the current theoretical understandings of the commons in terms of languages, cultures and religions. This lacuna, the author argues, may radically affect the potentiality for negotiations around climate change. Through a set of three propositions, it calls for expanding the conceptual theoretical frameworks on the commons, a call for investigating a "multiple languages of the commons," that are far more inclusive of a diversity of cultures, religions and languages.

Although the pluralist system of land tenure in Vanuatu does not directly discriminate against women, the operation of the system and contemporary interpretations of custom is increasingly marginalising women from the decision making processes regarding land management and control. Commitment to the principles of gender equality through constitutional guarantees and the ratification of relevant international treaty obligations, while providing a relevant legal framework for equality, have only had limited success in addressing discriminatory practices. This article analyses alternative ways to overcome the barriers faced by women that are currently under consideration in many Pacific island Countries, including recording and registration, as well as legal vehicles such as incorporating customary land groups, trusts and community companies. This article concludes that while both existing and proposed mechanisms have the potential to secure for women a greater role in decision making processes regarding land management and control, that potential will not be realised in the absence of knowledge, empowerment and the acceptance of the legitimacy of such rights. (Pac Aff/GIGA)