Juridicity and Internormativity: the challenges of pre-European rights between exception and globalization: The application to Vanuatu.

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Publication date
2009
Publication type
Thesis
Summary Globalization has given rise to supra-national orders and the application of Western law to many countries in the Melanesian region. The study of this territory, often neglected because it has no impact on the international study of law, now raises the question of the inadequacy of customary mechanisms in the face of so-called modern law. Vanuatu is no exception to this rule, as it has long remained aloof from any legal analysis of issues related to the internormativity experienced by its populations, the elaboration of the concept of State being until then extrinsic to Melanesia. The problem of the inadequacy of custom in the face of the market economy arises. How can we try to adapt a State model to societies based on a specific network of community relations, foreign to the European experience? Beyond these questions, the challenge will be to determine what the law is in Vanuatu. For the purposes of designing this analytical framework, our anchoring will be based on the fundamental characteristics of the country's legal cultures, where endogenous and exogenous models are combined in a bundle of differentiated legal relationships. The problem of normative cohabitation will be based on a series of tools that interweave actors and identification of the society that produces law, in order to theorize a specific legal model in Vanuatu. This emergence can only be done to the satisfaction of all the subjects of law through the mutation of a pluralist form, in the search for a balance between State law and individual rights.
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