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Customary Law (Declaration) Act 1990.

Country/Territory
Marshall Islands
Document type
Legislation
Date
1990 (2006)
Source
FAO, FAOLEX
Original source
Marshall Islands Consolidated Legislation.
Long title
An Act to declare the Customary Law with respect to the resolution of disputes among Iroijlablab title claimants pursuant to Article X, Section 2 of the Constitution of the Republic of the Marshal Islands; and to confirm and provide for the settlement, under the Customary Law, of the case of “In the Matter of the Iroij Lablab Title of Kabua Lablab”, Civil Action No. 1984 – 98 and Civil Action No. 1984 – 102.
Subject
Land & soil
Keyword
Traditional rights/customary rights Dispute settlement Ownership Cultural heritage
Geographical area
Micronesia, Oceania, South Pacific
Abstract

Pursuant to Article X, Section 2 of the Constitution of the Republic of the Marshall Islands, it is hereby declared as a matter of customary law that in cases involving title disputes between Iroijlablab title claimants, the Alabs of the directly affected lands shall have the ability and obligation to determine the rightful holder of the Iroijlablab title. The declaration of customary law shall not affect any final judgment on the merits concerning Iroijlablab title disputes rendered by a court of competent jurisdiction before the effective date of this Chapter, nor shall it affect the doctrines of res judicata and estoppel.

Full text
English
Website
www.paclii.org