Le pluralisme juridique et les droits fonciers des propriétaires coutumiers et des femmes au Vanuatu

Mosses, Morsen (2014) Le pluralisme juridique et les droits fonciers des propriétaires coutumiers et des femmes au Vanuatu. Comparative Law Journal of the Pacific, 20 . pp. 65-86. ISSN 1772-1644

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Abstract

Being fully aware of what was at stake and of the importance of land for its citizens, Vanuatu had at independence in 1980 put in place a customary land system based on collective ownership. All land therefore belongs to the customary indigenous owners and cannot be alienated. At the same time a system of land leasing was also provided in the Constitution to accommodate the situation of the French and English colonisers who, until independence, had occupied land acquired during the period of the Condominium. In the current era of globilisation and economic development it is not only difficult to give full respect to the intention of constituting a land law system based on tradition, but also the system of land leasing is sometimes wrongly interpreted by the authorities and investors in order to satisfy their interests to the detriment of the customary owners and the indigenous people. In certain cases the customary land system has the effect also of considerably marginalising women who have nothing more than a usufructuary interest in customary lands.

Item Type:	Journal Article
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Divisions:	Faculty of Arts, Law and Education (FALE) > School of Law
Depositing User:	Morsen Mosses
Date Deposited:	21 Sep 2017 03:54
Last Modified:	21 Sep 2017 03:54
URI:	https://repository.usp.ac.fj/id/eprint/10140

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