Miranda Forsyth

Lia Kent

Sinclair Dinnen

Joanne Wallis

Srinjoy Bose

Hybridity on the Ground in Peacebuilding and Development engages with the possibilities and pitfalls of the increasingly popular notion of hybridity. The hybridity concept has been embraced by scholars and practitioners in response to the social and institutional complexities of peacebuilding and development practice. In particular, the concept appears well-suited to making sense of the mutually constitutive outcomes of processes of interaction between diverse norms, institutions, actors and discourses in the context of contemporary peacebuilding and development engagements. At the same time, it has been criticised from a variety of perspectives for overlooking critical questions of history, power and scale. The authors in this interdisciplinary collection draw on their in‑depth knowledge of peacebuilding and development contexts in different parts of Asia, the Pacific and Africa to examine the messy and dynamic realities of hybridity ‘on the ground’. By critically exploring the power dynamics, and the diverse actors, ideas, practices and sites that shape hybrid peacebuilding and development across time and space, this book offers fresh insights to hybridity debates that will be of interest to both scholars and practitioners. ‘Hybridity has become an influential idea in peacebuilding and this volume will undoubtedly become the most influential collection on the idea. Nuance and sophistication characterises this engagement with hybridity.’ — Professor John Braithwaite

Critical Conversations

Hybridity on the Ground in Peacebuilding and Development

This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.

Kastom and State Justice Systems in Vanuatu

A Bird that Flies with Two Wings

Sue Farran

There is considerable pressure on Small Island Developing States globally to introduce or to strengthen intellectual property regimes. This pressure comes in a number of forms, including bilateral and multilateral Free Trade Agreement negotiations and development assistance programmes such as those of the World Intellectual Property Organisation. The aim of this book is to offer a competing model of intellectual property policy using the Pacific Islands as a case study. This competing model is one based on local conceptions of culture and indigenous understandings about use, knowledge and transfer of intangible property. Adopting such a base as a starting point will enable the weaving together of multiple regulatory strategies to facilitate the transfer of knowledge, stimulate and reward innovation and creativity, and protect rights over traditional knowledge in ways that have meaning and resonance for local populations. Elements of western intellectual property frameworks can also form important strands in intellectual property policies. However, these elements should be incorporated, and possibly reinterpreted, within the local framework. The approach advocated in this book opens up a number of different roads for intellectual property policy. First, it encourages the exploration of non-state regulatory mechanisms, such as customary norms and institutions, community protocols, and also membership of international NGOs, in regulating the use of intellectual property. In most Pacific Island countries there is little state capacity to implement and police intellectual property laws and so creative use should be made of the possibilities offered by non-state structures. Second, it suggests centralising culture and the protection of traditional knowledge at the heart of intellectual property policy, rather than treating it as a secondary issue to be dealt with by sui generis legislation. Here, traditional knowledge forms the basis of culture and development and cannot and should not be separated from modern or 'scientific' notions of creativity and innovation. A pragmatic incremental approach to intellectual property policy development is also advocated, requiring countries to thoroughly assess the advantages and disadvantages of any new intellectual property law within their local context, to consider how to adaptively implement this in a way suited to the local context, as well as to realistically assess the state's capacity for enforcement. Finally, the book challenges a number of claims made about intellectual property law and development, demonstrating that a far more fine-grained analysis of the nexus between the two is required than currently offered by the WIPO Development Agenda. About the authors Dr Miranda Forsyth is a Fellow in the State Society and Governance Program in the College of Asia and the Pacific at the Australian National University. Sue Farran is Professor of Laws at Northumbria University, Newcastle, an Adjunct Professor at the University of the South Pacific and an Associate Academic at the Centre for Pacific Studies, St Andrews University.

Weaving Intellectual Property Policy in Small Island Developing States

Richard Eves

Sorcery and witchcraft practices and beliefs are pervasive across Melanesia. They are in part created by, and give rise to, a wide variety of poor social and developmental outcomes. These include uneven economic development, low public health, lack of social cohesion, crime, fear and insecurity. A further very visible problem is the attacks on men and women who are accused of being practitioners of witchcraft or sorcery, which can lead to serious bodily harm, banishment and sometimes death. Today, many communities, individuals, church organisations and policymakers in Melanesia and internationally are exploring ways to overcome the negative social outcomes associated with witchcraft and sorcery practices and beliefs. This book brings together a collection of chapters written by a diverse range of authors, both Melanesian and non-Melanesian, providing crucial insights both into how these practices and beliefs are playing out in contemporary Melanesia, and also the types of interventions that are being trialled or debated to address the problems associated with them.

Miranda Forsyth

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