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Child adoption: A dilemma in a plural legal system: A critical comment on recent case law

Lookup NU author(s): Dr Sue Farran

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Abstract

Inter-country adoption is almost certain to be contentious and present difficult cases for the courts to decide. This may be aggravated in plural legal systems where the court may have a number of avenues available when making a decision. While in some cases international law on inter-state adoption may be of assistance, if the jurisdiction in question is not party to any of the relevant conventions, the court may have to fall back on domestic law or general principles gleaned either from international law or prior jurisprudence. This article considers the judicial approach taken in the plural legal system of the Pacific island state of the Republic of Vanuatu, and argues that the case under scrutiny demonstrates the opportunities and challenges which confront judges when they have several options available to them as a result of operating in plural legal systems.


Publication metadata

Author(s): Farran S

Publication type: Article

Publication status: Published

Journal: Journal of South Pacific Law

Year: 2014

Volume: 2014

Issue: 1

Pages: C14-C26

Print publication date: 01/01/2014

Acceptance date: 01/01/1900

ISSN (electronic): 1684-5307

Publisher: School of Law, University of the South Pacific


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