Non-state Justice Mechanisms in Multi-Island Jurisdictions

• In Event: Crime, Science and Politics WG Panel 7: Justice Across Cultures: Indigenous, Transnational, and Non-State Perspectives

Abstract

Multi-island jurisdictions present unique challenges and opportunities for law enforcement. The absence of state-justice mechanisms on remote islands creates opportunities for non-state actors to take the lead in maintaining social order, resolving conflicts, and reinforcing local governance structures. This presentation explores the role of non-state justice mechanisms within multi-island jurisdictions, with a specific focus on the Pacific region. It highlights how indigenous and local justice systems operate alongside and at times in place of formal state mechanisms in Pacific Island nations. It further explains how non-state mechanisms, including customary law, community-based dispute resolution approaches, and traditional councils, address legal and social issues in ways that are often more contextually relevant and culturally sensitive than state systems. Drawing on examples from Tuvalu and Solomon Islands, the presentation reveals the strengths and limitations of these non-state mechanisms in maintaining social order, resolving conflicts, and reinforcing local governance structures. The goal here is to contribute to a broader understanding of justice in multi-island jurisdictions and offer insights into how non-state mechanisms can complement formal legal systems, enhancing overall legal pluralism and resilience in these unique contexts.

Author

• Danielle Watson, Queensland University of Technology