ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION)
The paper covers the ways of resolving legal conflicts in the customary law of peoples living in the South Pacific region. The problems of using the achievements of customary law in the sphere of legal disputes resolution in various legal systems of modern states are analyzed. Through the instrument...
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| Format: | Article |
| Language: | Russian |
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North-Caucasus Federal University
2021-09-01
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| Series: | Гуманитарные и юридические исследования |
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| Online Access: | https://humanitieslaw.ncfu.ru/jour/article/view/309 |
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| author | Roman Gabrilyan |
| author_facet | Roman Gabrilyan |
| author_sort | Roman Gabrilyan |
| collection | DOAJ |
| description | The paper covers the ways of resolving legal conflicts in the customary law of peoples living in the South Pacific region. The problems of using the achievements of customary law in the sphere of legal disputes resolution in various legal systems of modern states are analyzed. Through the instrumentality of a number of research methods, such as a historical method and a comparative legal method, the circumstances that determine the formation of manners for conflicts resolution in the customary law of the region are highlighted in the article. The paper reveals the role of both heads of communities and ordinary members of communities in legal conflicts resolution. A conclusion is made about the positive effect of customary law on positive law, in particular, on the issue of conciliatory procedures that are unusual to the positive law manners of resolving legal conflicts. It is logically argued that further research on ways of conflicts resolution in accordance with the customary law of the peoples of the South Pacific region is needed, since they contribute not only to resolving conflicts among peoples who apply customary law to resolve such conflicts, but also enrich other legal systems. The scientific originality of the research lies in studying the ways of improving modern methods of legal conflicts resolution, based on the ordinary legal norms. |
| format | Article |
| id | doaj-art-86e9143d526446e38ff9c0473a3fa775 |
| institution | Kabale University |
| issn | 2409-1030 |
| language | Russian |
| publishDate | 2021-09-01 |
| publisher | North-Caucasus Federal University |
| record_format | Article |
| series | Гуманитарные и юридические исследования |
| spelling | doaj-art-86e9143d526446e38ff9c0473a3fa7752024-12-16T07:19:33ZrusNorth-Caucasus Federal UniversityГуманитарные и юридические исследования2409-10302021-09-0104152157307ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION)Roman Gabrilyan0North Caucasian Federal UniversityThe paper covers the ways of resolving legal conflicts in the customary law of peoples living in the South Pacific region. The problems of using the achievements of customary law in the sphere of legal disputes resolution in various legal systems of modern states are analyzed. Through the instrumentality of a number of research methods, such as a historical method and a comparative legal method, the circumstances that determine the formation of manners for conflicts resolution in the customary law of the region are highlighted in the article. The paper reveals the role of both heads of communities and ordinary members of communities in legal conflicts resolution. A conclusion is made about the positive effect of customary law on positive law, in particular, on the issue of conciliatory procedures that are unusual to the positive law manners of resolving legal conflicts. It is logically argued that further research on ways of conflicts resolution in accordance with the customary law of the peoples of the South Pacific region is needed, since they contribute not only to resolving conflicts among peoples who apply customary law to resolve such conflicts, but also enrich other legal systems. The scientific originality of the research lies in studying the ways of improving modern methods of legal conflicts resolution, based on the ordinary legal norms.https://humanitieslaw.ncfu.ru/jour/article/view/309customary lawcustomcourtconflictlegal disputeconciliationmediationlegal pluralismoceaniasouth pacific |
| spellingShingle | Roman Gabrilyan ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION) Гуманитарные и юридические исследования customary law custom court conflict legal dispute conciliation mediation legal pluralism oceania south pacific |
| title | ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION) |
| title_full | ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION) |
| title_fullStr | ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION) |
| title_full_unstemmed | ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION) |
| title_short | ON CUSTOMARY LAW RESOLUTION OF DISPUTES AND CONFLICTS (BY THE EXAMPLE OF THE SOUTH PACIFIC REGION) |
| title_sort | on customary law resolution of disputes and conflicts by the example of the south pacific region |
| topic | customary law custom court conflict legal dispute conciliation mediation legal pluralism oceania south pacific |
| url | https://humanitieslaw.ncfu.ru/jour/article/view/309 |
| work_keys_str_mv | AT romangabrilyan oncustomarylawresolutionofdisputesandconflictsbytheexampleofthesouthpacificregion |