The legal system of Marshall Islands
A hybrid that reflects the islands' history as a US-administered Trust Territory: a Westminster-style parliamentary executive sits alongside American-style judicial review, US-derived statutory drafting and the US dollar. Custom is not a residual category here — the Traditional Rights Court is a constitutional court whose determinations on land tenure and chiefly title bind the ordinary courts. Two further features are unique: the Compact of Free Association lets Marshallese citizens live and work in the United States without a visa, and the Nuclear Claims Tribunal was created to adjudicate damage from 67 US nuclear tests conducted at Bikini and Enewetak between 1946 and 1958.
Legal tradition
Marshall Islands belongs to the mixed common law with customary law tradition. A hybrid that reflects the islands' history as a US-administered Trust Territory: a Westminster-style parliamentary executive sits alongside American-style judicial review, US-derived statutory drafting and the US dollar. Custom is not a residual category here — the Traditional Rights Court is a constitutional court whose determinations on land tenure and chiefly title bind the ordinary courts. Two further features are unique: the Compact of Free Association lets Marshallese citizens live and work in the United States without a visa, and the Nuclear Claims Tribunal was created to adjudicate damage from 67 US nuclear tests conducted at Bikini and Enewetak between 1946 and 1958.
How power is divided
Unitary with strong local government. Each inhabited atoll has an elected local council with substantial authority over land use and local services, and the Council of Iroij, a body of twelve traditional leaders, reviews legislation affecting custom and land and may express its opinion to the Nitijela.
Where law comes from
- The Constitution
- Supreme law; Article II Bill of Rights and Article VI on customary jurisdiction.
- Acts of the Nitijela
- Unicameral legislature of 33 senators.
- Customary law
- Determined authoritatively by the Traditional Rights Court; governs land tenure, chiefly title and inheritance.
- Compact of Free Association
- Treaty with the United States covering defence, economic assistance and visa-free migration.
The legal profession
Practitioners are admitted by the Supreme Court, and admission rules recognise United States legal qualifications, so much of the bar trained in the US. The Traditional Rights Court works differently: its judges are selected for knowledge of custom and traditional title rather than legal qualification, and proceedings there are conducted in Marshallese.
Law by topic in Marshall Islands
- Property & LandInalienable customary land held through matrilineal bwij, no freehold saleAlmost all land is customary and cannot be sold. Rights are layered between the iroijlaplap, the alap and the dri jerbal, and disputes go to the Traditional Rights Court.
- Constitutional Law1979 Constitution blending a Westminster executive with chiefly authorityA republic under the 1979 Constitution with a President elected by and from the Nitijela, a justiciable bill of rights, and a Council of Iroij that reviews legislation touching custom and land.
- Business & CorporateAssociations Law 1990 with a large non-resident corporate and ship registryDomestic companies incorporate under the Associations Law 1990, which also supports non-resident domestic entities used internationally. The Marshall Islands maritime registry is among the largest in the world by tonnage.
- Immigration & NationalityCompact right of US residence, and controlled entry for othersMarshallese citizens may live and work in the United States without a visa under the Compact of Free Association. Inbound immigration runs through the Immigration Act with permits tied to employment or investment.
- Tax LawGross revenue and wages taxes, no corporate income or capital gains taxBusinesses pay a gross revenue tax rather than tax on profit, and wages are taxed at low flat rates. There is no corporate income tax, no capital gains tax and no VAT.
- Employment & LabourMinimum Wage Act floor with no general unfair-dismissal regimeEmployment is largely contractual, with a statutory minimum wage and public-service rules. There is no comprehensive private-sector unfair dismissal or collective bargaining code.
- Civil ProcedureSupreme Court, High Court and a constitutional Traditional Rights CourtCivil claims start in the District or High Court under US-derived rules, with appeal to the Supreme Court. Customary land questions are certified to the Traditional Rights Court.
- Family LawStatutory marriage and divorce alongside customary adoption and lineageMarriage, divorce and maintenance are statutory and heard by the High Court, while adoption and the transmission of land rights remain substantially customary and matrilineal.
- Criminal LawCriminal Code 2011 on a US model, prosecuted by the Attorney-GeneralThe Criminal Code 2011 codifies offences and defences on a United States model. Serious matters are tried in the High Court, summary matters in the District and Community Courts.
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