What is Customary Law?
In most Pacific countries, the formal legal system is a product of colonial times and for this reason still bears some resemblance to the UK , French or in some cases, New Zealand legal systems. Custom or Customary law, on the other hand, is distinctly Pacific. It is the traditional or indigenous way of resolving disputes in Pacific Island communities. In some countries, the importance of customary law is constitutionally recognized and therefore is still a significant source of law in many regions of the Pacific. Since many traditional island societies are patriarchal or male dominated, some people have expressed concern that customary law can be discriminatory, especially against women. In theory customary law is subject to the Constitution (which prohibits discrimination) but this may not happen in practice.
