Strengthening International Law to Address the Needs of Legally Pluralist Nations

Abstract

There is little doubt that in recent decades Indigenous people have obtained a greater voice at the international level and the recognition of Indigenous rights in international treaties. In particular international law has provided the tools for Indigenous peoples to demand recognition of customary law. But it has not assisted legally pluralist nations in the challenging task of reconciling custom and state-based legislation. Greater engagement by the international community with the issue of legal pluralism is an essential step in facilitating the effective implementation of international law at the domestic level. This paper was presented at the Australia and New Zealand Society for International Law Conference in Wellington in July 2009. It considers the greater role that the international community and inter-governmental organisations can play in assisting legally pluralist nations. The particular focus is upon small island developing states in the South Pacific region facing the challenging prospect of implementing international environmental law.