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

Evans, DanielGoddard, MichaelPaterson, Don2014-04-282014-04-282010-01https://hdl.handle.net/10986/18107This 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.en-USCC BY 3.0 IGOACCESS TO JUSTICEADULTERYARBITRATIONARRESTCHILDHOODCIVIL PROCEDURECIVIL SOCIETYCLAIMCOMMON LAWCOMPENSATIONCONSENTCOURTCOURT DECISIONSCOURT HEARINGCOURT HEARINGSCOURT JURISDICTIONCOURT ORDERSCOURT PROCEDURECOURT PROCEEDINGSCOURT RECORDSCOURT RULESCOURT SECRETARIATCOURT SESSIONSCOURT SYSTEMSCOURTSCRIMESCRIMINALCRIMINAL CASESCRIMINAL JUSTICECRIMINAL LAWCRIMINAL PROCEDURECRIMINALSCUSTODYCUSTOMARY LAWCUSTOMSDISPUTEDISPUTE RESOLUTIONDISPUTE SETTLEMENTDISPUTESDIVORCEDIVORCESDOMINANCEEMPOWERMENTFEMALEGENDERGENDER BIASGUARDIANSHIPHUMAN RIGHTSIMPRISONMENTINFRACTIONSINVESTIGATIONJAILJUDGESJUDGMENTSJUDICIAL OVERSIGHTJUDICIAL SERVICESJUDICIARYJURISDICTIONJURISPRUDENCEJUSTICEJUSTICE SYSTEMJUSTICESJUVENILE OFFENDERSJUVENILESLAND OWNERSHIPLAWSLAWYERSLEGAL ASSISTANCELEGAL DOCUMENTATIONLEGAL EXPENSESLEGAL INFORMATIONLEGAL INSTITUTIONSLEGAL STATUSLEGAL SYSTEMLEGAL SYSTEMSLEGAL TECHNICALITIESLEGAL TRAININGLEGISLATIONMAGISTRATESMEDIATIONMINOR OFFENSESNATURAL JUSTICEOFFENDERSOFFENSEOFFENSESOPPRESSIONOWNERSHIP OF LANDPARENTSPENAL CODEPLEADINGSPOLICEPOLICE OFFICERPOLICINGPRISONPROCEDURAL RULESPROSECUTORSRAPERULE OF LAWRULESRULES OF EVIDENCERULES OF PROCEDURESANCTIONSSTATE COURTSSTATE INSTITUTIONSTECHNICAL ASSISTANCETERRITORIAL JURISDICTIONTESTIMONYTREATMENT OF CHILDRENTRIBUNALSVIOLENCEVIOLENCE AGAINST WOMENWARWILLWOMANThe Hybrid Courts of Melanesia : A Comparative Analysis of Village Courts of Papua New Guinea, Island Courts of Vanuatu, and Local Courts of Solomon Islands10.1596/18107