Vanuatu

Legal tradition

Vanuatu belongs to the mixed common, civil and customary law tradition. The most genuinely mixed system in the Pacific. Vanuatu was governed as an Anglo-French Condominium until 1980, and Article 95(2) of the Constitution continued BOTH British and French law in force until Parliament replaces it — so a court may be asked to apply an English statute of general application and a French code in the same jurisdiction. Article 47(1) directs judges to determine a matter according to substantial justice and, where possible, custom, when there is no applicable law. Land is the other defining feature: Article 73 vests all land in the indigenous custom owners, so there is no freehold and foreigners can hold only leases.

How power is divided

Unitary with decentralised administration. Six provinces — Malampa, Penama, Sanma, Shefa, Tafea and Torba — have councils under the Decentralisation Act with delegated functions. Custom land management is decentralised much further, to area-level Custom Land Tribunals and nakamal-based decision-making under the Custom Land Management Act 2013.

Where law comes from

The Constitution

Supreme law; Article 2 voids inconsistent legislation.

Acts of Parliament

Unicameral Parliament of 52 members; laws are published in English and French.

Custom

The basis of land ownership under Article 74 and applied under Article 47(1) where no statute or rule covers the point.

Continued British and French law

Article 95(2) keeps pre-independence law of both metropolitan systems in force until replaced.

The legal profession

A fused profession regulated by the Legal Practitioners Act: practitioners are admitted by the Chief Justice and licensed by the Law Council. The University of the South Pacific's law school is in Port Vila, so many Pacific lawyers train in Vanuatu. Practitioners may need to work in Bislama, English or French depending on the client and the court file, and the Public Solicitor is a constitutional office rather than a discretionary aid scheme.