The Prospects for Customary Law in Transitional Justice: The Case of Fiji

The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities.  Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-b...

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Main Author: Joanna R Quinn
Format: Article
Language:English
Published: University of Windsor 2020-09-01
Series:Windsor Yearbook of Access to Justice
Online Access:https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6424
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spelling doaj-5f45e05265514a5598a5d28a8b33efc22020-11-25T03:55:13ZengUniversity of WindsorWindsor Yearbook of Access to Justice2561-50172020-09-013610.22329/wyaj.v36i0.6424The Prospects for Customary Law in Transitional Justice: The Case of FijiJoanna R Quinn0Western University The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities.  Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-based and well-known to the people who use them.  Indeed, customary practices could be used in transitional societies in place of “foreign” practices to bring about the same objectives.  This paper considers the role that customary law plays in Fiji.  It further assesses the prospects for the use of customary, traditional law in situations where transitional justice is called for. https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6424
collection DOAJ
language English
format Article
sources DOAJ
author Joanna R Quinn
spellingShingle Joanna R Quinn
The Prospects for Customary Law in Transitional Justice: The Case of Fiji
Windsor Yearbook of Access to Justice
author_facet Joanna R Quinn
author_sort Joanna R Quinn
title The Prospects for Customary Law in Transitional Justice: The Case of Fiji
title_short The Prospects for Customary Law in Transitional Justice: The Case of Fiji
title_full The Prospects for Customary Law in Transitional Justice: The Case of Fiji
title_fullStr The Prospects for Customary Law in Transitional Justice: The Case of Fiji
title_full_unstemmed The Prospects for Customary Law in Transitional Justice: The Case of Fiji
title_sort prospects for customary law in transitional justice: the case of fiji
publisher University of Windsor
series Windsor Yearbook of Access to Justice
issn 2561-5017
publishDate 2020-09-01
description The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities.  Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-based and well-known to the people who use them.  Indeed, customary practices could be used in transitional societies in place of “foreign” practices to bring about the same objectives.  This paper considers the role that customary law plays in Fiji.  It further assesses the prospects for the use of customary, traditional law in situations where transitional justice is called for.
url https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6424
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