[ANU Pacific.Institute] call for papers: Codification and creation of community and customary laws in the South Pacific and Beyond

Tue Nov 21 10:32:43 AEDT 2017

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Call for Papers
Codification and creation of community and customary laws in the South Pacific and Beyond
Australian National University, 26-27 July 2018

Many communities across the Pacific islands region write down their own 'customary' or 'local' rules and regulations in the form of what are called customary or community laws, by-laws, constitutions or even ordinances (referred to collectively as 'community laws').  This has a long history in many places, particularly during the colonial period, but has intensified in recent years and is taking different forms in different places.  A number of national and provincial governments in the region have also recently initiated efforts to document and even codify local customary laws.  This conference will explore the potential significance of these developments, particularly in relation to the management of conflict, engagement with legal pluralism, developing more responsive and effective systems of governance, and addressing gender based violence.  It will also seek to develop a joint conceptual framework for further collaborative and comparative research into this practice by scholars and policy makers around the region and beyond.

Participants are invited to submit papers on any aspects of the creation and use of community laws and codification of customary laws, including the following:

(a)    The processes of creating community laws or codifying custom - How is it being done and by whom? Whose voice is privileged/ excluded? Which individuals/institutions are driving it? What if any is the role of international actors? What are the motivations behind it?

(b)    Are we witnessing an emerging trend of participative law-making and what relevance does that have for questions of democracy, legitimacy and governance?

(c)     What exactly is being codified or written down - Is it general principles/values? Are detailed offences being identified? What penalties are provided?

(d)    How they are being used - Are they actually being used in managing conflicts at local levels or in the state courts? If so, how? How publicly available are they? How are they enforced?

(e)    How do such laws interact formally and informally with the state?  Do they strengthen or undermine the Rule of Law and Human Rights agendas?

(f)      What impact are they having/ could they have on youth and women, particularly in regard to gender equality and gender based violence?

(g)    Who stands to benefits and who to lose from such developments?

Papers addressing historical dimensions to these questions and also comparative perspectives from outside the region are also invited.

The call for papers is now open and will close on 20 January 2018.

Please send your abstract (of no more than 500 words) or enquiries to Miranda Forsyth: Miranda.forsyth at anu.edu.au<mailto:Miranda.forsyth at anu.edu.au>

There is funding available to support a number of participants from the region.
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Miranda Forsyth | Associate Professor | RegNet School of Regulation and Global Governance | ANU College of Asia & the Pacific | The Australian National University | Room 3.2, Coombs Extension Building | Building 8, Fellows Rd, Acton, ACT, 2601 Australia | T: +61 2 6125 1505 | M: 0429903094 |  miranda.forsyth at anu.edu.au<mailto:miranda.forsyth at anu.edu.au> | regnet.anu.edu.au<http://regnet.anu.edu.au/>

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