Custom, Pluralism, and Realism in Vanuatu: Legal Development and the Role of Customary Law
CUSTOM, PLURALISM, AND REALISM IN VANUATU: LEGAL DEVELOPMENT AND THE ROLE OF CUSTOMARY LAW David Weisbrot University of New South Wales Most Pacific Island states are now developing modern legal systems that to some degree incorporate elements of indigenous customary law into the formal Western-style systems imposed during the colonial era (see, for example, Weisbrot 1982b). There are also a number of countries-- mainly in Africa and Asia--where the legal systems have had to cope with multiple colonial laws owing to a succession of colonial powers (see, for example, Hooker 1975466-473). In Vanuatu however, the combination of a remarkable colonial history, a multiplicity of local cul- tures, and a determined effort at decolonization and constitutional development has resulted in a unique experiment in legal pluralism. The condominium form of colonial governance, by which France and Britain jointly ruled the New Hebrides (as Vanuatu was then called), was organized on the basis of equality of government and co- existence of the respective jurisdictions. This sometimes took on comic opera aspects, as in the requirement that the British and French flag- poles be of identical height and that the flags be raised simultaneously (Ellis and Parsons 1983: 118). More fundamentally, the separate-but- equal policy led to separate educational systems (mainly mission- based), police forces, and medical services as well as two national an- thems, two currencies, and three official languages, producing a rule “so inefficient and cumbersome that it was popularly known as the Pan- Pacific Studies, Vol. 13, No. 1--November 1989 65 66 Pacific Studies, Vol.
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