Susan Farran
The University of Newcastle, Law, Faculty Member
- Sue Farran is a Reader in Law at Newcastle University with a particular interest in human rights and resources, with ... moreSue Farran is a Reader in Law at Newcastle University with a particular interest in human rights and resources, with a focus on Pacific island states. She has published widely on a range of issues often from a comparative or legal pluralism perspective.edit
Increasingly it is recognised that indigenous voices, traditional knowledge and customary practice can be utilised to support sustainable management of marine resources. All too often however, in plural legal systems where state law seeks... more
Increasingly it is recognised that indigenous voices, traditional knowledge and customary practice can be utilised to support sustainable management of marine resources. All too often however, in plural legal systems where state law seeks to engage in this way, women's voices are not heard, their experiences and concerns are not heeded. This article seeks to address this marginalisation by drawing attention to the experiences of women in villages in the Pacific island state of Fiji, where access to marine resources is vital to livelihoods and food securit
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This paper considers ‘roots’ as those phenomena which give people identity and may anchor them to particular places. ‘Spaces’ however may allow for ‘uprooting’ or provide opportunity for reconfiguration, new definition, a different way of... more
This paper considers ‘roots’ as those phenomena which give people identity and may anchor them to particular places. ‘Spaces’ however may allow for ‘uprooting’ or provide opportunity for reconfiguration, new definition, a different way of thinking about things. ‘Roots and ‘spaces’ are important to this contribution, as is the law which attaches meanings to these. The focus in this contribution is the question of the legal status of those whose homelands disappear under the waves. Unlike persons displaced by war or political upheaval, as experienced after the Second World War, such persons do not fall within the usual understandings of ‘refugee’. The erosion of the foundations of their identity has, in some cases, been gradual and incremental, but without territory can we talk of sovereignty or citizenship? Is the latter place-bound or does citizenship mean more than just affiliation or ‘rootedness’ to a particular place? Does nationality depend on a nation and if so, what is it that makes a nation? These questions are pertinent to those whose homelands may disappear as a result of natural disasters or rising sea levels. They are particularly, but not only, relevant to people in the Pacific living on low lying atolls such as in Tuvalu, Kiribati and parts of the Solomon Islands. In the Pacific, exchanges among strangers start with the question ‘where are you from?’ Can a person be a Pacific islander if he or she has no island? This paper considers how that will be answered by those who are from lands under the seas, and what changes may have to be made to the legal frameworks that determine identity in these circumstances.
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Abstract The English law of property is often described as a “bundle of sticks” in which each “stick” represents a particular right. Gardens challenge these rights and wreak havoc on the “bundle of sticks.” This article looks at the... more
Abstract The English law of property is often described as a “bundle of sticks” in which each “stick” represents a particular right. Gardens challenge these rights and wreak havoc on the “bundle of sticks.” This article looks at the twenty-first century manifestations of community engagement with ground and explores how “gardening” is undermining concepts of ownership, possession and management of land and how the fence between what is private and what is public is being encroached and challenged by community and individual initiatives to cultivate. The garden in this article is therefore a place of questioning and redefining traditional legal concepts, but it also reflects contemporary concerns which go beyond the confines of the garden and the boundaries of the law. At the same time however, the garden represents a continuum between past struggles and ideals and future hopes, and so the cultivators of today are located in a continuing evolution of law, land and people. By considering the various ways in which people are engaging with land outside of the usual private land/person context and their motives for doing so, this article places present gardening in its historic context and analyses the challenges that various forms of gardening pose for established legal principles. In particular this article asks if present gardening demands a re-examination of property law and a re-evaluation of what is understood as “property” if the “bundle of sticks” is unpacked.
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In Scotland, the term “outwith” is used to locate something or someone beyond the scope of a specific context or category. It is therefore an exclusionary term, but its boundaries may change depending on the context. In this sense,... more
In Scotland, the term “outwith” is used to locate something or someone beyond the scope of a specific context or category. It is therefore an exclusionary term, but its boundaries may change depending on the context. In this sense, transgender Pacific islanders are beyond the law in a number of respects and yet also within it when the boundaries shift, especially when the locality in which the law applies and the cultural mores that inform the law are taken into account. Reflecting on the legal environment in which fa‘afāfine (plural form of fa‘afafine) and fakaleitī are situated, this chapter examines certain domestic laws in Samoa and Tonga, comparative legal developments elsewhere, and the international and national arena of human rights. Noting shifts in the boundaries of inclusiveness versus exclusiveness of the laws of other countries, it considers whether legal changes experienced elsewhere could be introduced into these Pacific island countries and the challenges and consequences of such an action.
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Encompassing the law relating to land, trusts and succession, this entry provides a detailed insight into the diverse laws which govern property in the Pacific region including customary laws.
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The welfare, or best interests, of the child has become a central tenet in international and national laws concerning adoption. Debates about what this means, or how this should be assessed, rarely consider divergences of approach... more
The welfare, or best interests, of the child has become a central tenet in international and national laws concerning adoption. Debates about what this means, or how this should be assessed, rarely consider divergences of approach engendered by cultural diversity or legal pluralism. This article takes the reader to the islands of the South Pacific, and examines the regulation of adoption in countries where Common Law was introduced under colonial influence alongside existing and surviving customary laws, and where international laws directed at safeguarding children have yet to make an impact. Although there are flaws in the present systems the article concludes by suggesting that there are also features which more developed countries might take into account when considering their own adoption regimes.
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ABSTRACT In the island countries of the south Pacific traditional knowledge informs access to, use and production of cultural artifacts, flora and fauna, medicines, plant stocks and the management of natural resources. All too often... more
ABSTRACT In the island countries of the south Pacific traditional knowledge informs access to, use and production of cultural artifacts, flora and fauna, medicines, plant stocks and the management of natural resources. All too often however, this indigenous knowledge is ignored by the intellectual property regimes expressed in the formal legal systems of these countries. With pressure to develop trade and use resources to earn income as well as agendas to encourage inward investment from foreign enterprises, the acknowledgement of and accommodation of traditional knowledge and indigenous intellectual property rights is at risk of being marginalized or misrepresented. All too often western-centric IP laws are adopted which tend to favor industrialized nations’ perceptions of the role and function of intellectual property.At the same time, however, there is international rhetoric recognizing the rights of indigenous people and the rights of autonomy of developing states to determine the pace and form of development. There is also regional acknowledgement of the valuable role of traditional knowledge and global demand for the preservation of biodiversity, land and sea-based eco-systems and traditional cultures.Pacific islands are torn between the desire and demand to exploit traditional knowledge and advocacy of its protection and preservation. The situation is not helped by plural legal regimes which reflect not only a legacy of colonial rule, but also international obligations and expectations, regional initiatives, and national responses and the recognition of customary law as a formal source of law.This paper considers comes of the current dilemmas facing Pacific island states, which, while they have a rich cultural heritage and extensive unwritten traditional knowledge, are also facing the challenges of compliance with externally imposed goals through the development of intellectual property laws fit for the twenty-first century.
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Like many underdeveloped small island states Solomon Islands is under internal and external pressure to develop its economy, to attract inward investment and raise GDP. In common with many Pacific island states it has a legal system which... more
Like many underdeveloped small island states Solomon Islands is under internal and external pressure to develop its economy, to attract inward investment and raise GDP. In common with many Pacific island states it has a legal system which combines elements of customary law and introduced common law. When it comes to development and changing uses of resources these plural legal systems present challenges in protecting fundamental rights and advancing prosperity. Timber is one of the major natural resources being exploited in Solomon Islands to earn money. But at what cost and with what consequences?
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International treaties impose a comprehensive range of obligations on states parties and raise the expectations of citizens. Most states, however, cannot give equal effect to all their international obligations, so a hierarchy or... more
International treaties impose a comprehensive range of obligations on states parties and raise the expectations of citizens. Most states, however, cannot give equal effect to all their international obligations, so a hierarchy or preferential ranking emerges. Inevitably there is an uneven playing field. Although increasingly the United Nations has recognised the particular needs of small island developing states (SIDS) and least developed countries (LDCs), as well as the rights of Indigenous peoples, the right to development gives rise to tensions which may undermine or threaten certain other fundamental rights. Determining the pace and form of development is rarely within the sole control of those states which wield the least power in the international arena despite their constitutional sovereignty. This note is concerned with the most basic of human needs, access to food and the question of food security, providing an overview of a number of issues which have an actual or potential impact on food security in Pacific island states. While food poverty is not absent in developed economies, in many developing countries, food security either is, or is becoming, a key issue for a number of reasons including: the impact of climate change and the related experience of more extreme weather patterns; dependency on imported food and consequential health and nutrition problems; changing patterns of agriculture to meet development agendas; and the introduction of new intellectual property laws as a result of trade agreements, which have the potential to impact on traditional ways of sharing and exchanging food resources. The island countries of the Pacific region experience these aspects of food security in different ways, but increasingly few are escaping the consequences of one or more of these issues. This note argues for a holistic appreciation of the threats to food security in the region and suggests that answers should be informed by a human rights approach.
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Research Interests: History, Law, Sovereignty, Politics, Music and identity, and 3 moreCitizenship, Nationality, and Refugee
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ABSTRACT The boundary between Scotland and England is not purely an administrative one. Invisible to the eye it is nevertheless a boundary between one legal system and another. To cross the border is to enter a legal world which reflects... more
ABSTRACT The boundary between Scotland and England is not purely an administrative one. Invisible to the eye it is nevertheless a boundary between one legal system and another. To cross the border is to enter a legal world which reflects much of the political history of Scots-English relationships, from outright and bloody warfare, to wary truce, and in more recent times, new assertions of sovereignty for Scotland following devolution in 1999.This paper, the origins of which were presented at the 2009 Society of Legal Scholars Centenary conference celebrating 100 years of legal scholarship, considers the role of scholars in fostering or undermining the idea of convergence and divergence in Scots and English law, focusing on academic writing in the decade since devolution in order to discover whether the opportunities provided by this historic moment have been accompanied by greater assertions of divergence, or whether other UK wide considerations, are leading to greater advocacy of legal convergence, particularly through the work of comparativists north and south of the border.
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While children are universal, recognising and giving practical effect to their rights is not. Compliance with international obligations under the UNCRC imposes considerable demands on small developing nations, such as those found in the... more
While children are universal, recognising and giving practical effect to their rights is not. Compliance with international obligations under the UNCRC imposes considerable demands on small developing nations, such as those found in the south Pacific region, where children make up over a third of the total population of many island states. Focussing on criminal and family law this paper considers how the local courts are engaging with the Convention and the challenges which arise in plural legal systems characterised by lack of legal reform and lack of resources, in which the contemporary experience of traditional social ordering may value children but not necessarily see them as right holders.
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An academic directory and search engine.
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Drawing on the jurisprudential work on Arvind and Sheehan (2015) which interrogates contextualist and interpretivist approaches to the taxonomy of private law, this paper looks at contemporary social interactions with urban surfaces to... more
Drawing on the jurisprudential work on Arvind and Sheehan (2015) which interrogates contextualist and interpretivist approaches to the taxonomy of private law, this paper looks at contemporary social interactions with urban surfaces to consider whether existing taxonomies of property law are fit for purpose or is some reframing needed? In particular this paper takes into consideration the social interaction with the built environment reflected in activities such as graffiti, guerrilla gardening, vertical greening, the sport of parkcour and the leisure pursuit of park runs. These human engagements with physical space have been selected because each activity ranges across a spectrum of acceptable to unacceptable, legal to illegal or outlawed. They are activities with variable temporal impact on urban surfaces, and about which there are divergences of tolerance. They are also examples of uses of urban space that challenge the traditional concepts and principles underpinning the law of property in public places rather than the private space of the home. At the same time there may be insights to be gained from the human rights dimensions that have informed a re-shaping of private, residential property. In particular it will be argued that human rights are at the edge of the line between the normatively acceptable and the normatively questionable control of public space, for example the use of spikes to prevent rough sleepers, or bollards to prevent extremists using vehicles as lethal weapons, both raise human rights issues, but also control of space questions. Where do these activities, or any of the others referred to above ‘fit’ within our understandings of property law and how do they inform its taxonomy?
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ABSTRACT The coronavirus pandemic has required those that are most vulnerable to protect themselves as best they can. This includes vulnerable states, among which are the island states of the Pacific, where resources to fight the pandemic... more
ABSTRACT The coronavirus pandemic has required those that are most vulnerable to protect themselves as best they can. This includes vulnerable states, among which are the island states of the Pacific, where resources to fight the pandemic are severely limited. Recognising the need to act quickly, Pacific island states closed borders, restricted travel and implemented ostensibly draconian measures. Examining some of these measures in the context of the countries in which they were applied and the extent to which the curtailment of human rights was justified and accepted by those who were subject to these restrictions, we focus on four strengths of these states: faith, capacity, collaboration and community.
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ABSTRACT Encompassing the legal systems of over a dozen independent countries, the authors of this book bring together a wealth of diverse sources to present a coherent picture of the law of property as it exists today, and offer some... more
ABSTRACT Encompassing the legal systems of over a dozen independent countries, the authors of this book bring together a wealth of diverse sources to present a coherent picture of the law of property as it exists today, and offer some thoughts on the challenges and legal difficulties facing the region.
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Like many underdeveloped small island states Solomon Islands is under internal and external pressure to develop its economy, to attract inward investment and raise GDP. In common with many Pacific island states it has a legal system which... more
Like many underdeveloped small island states Solomon Islands is under internal and external pressure to develop its economy, to attract inward investment and raise GDP. In common with many Pacific island states it has a legal system which combines elements of customary law and introduced common law. When it comes to development and changing uses of resources these plural legal systems present challenges in protecting fundamental rights and advancing prosperity. Timber is one of the major natural resources being exploited in Solomon Islands to earn money. But at what cost and with what consequences?
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In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider... more
In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form. This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method
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The recent Court of Appeal ruling in Joli v Joli[1] marks an important innovation in family law in Vanuatu, but it also offers the possibility of a new way of resolving legal problems, not just in the area of divorce but potentially in... more
The recent Court of Appeal ruling in Joli v Joli[1] marks an important innovation in family law in Vanuatu, but it also offers the possibility of a new way of resolving legal problems, not just in the area of divorce but potentially in other legal areas as well. The case is the first Court of Appeal decision of its kind in Vanuatu to consider the interpretation of an area of family law where there is national legislation in place which does not entirely cover the same substantive subject area as the introduced legislation which was applicable before independence.
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... The land owning unit would also have a chief, a nakamal and a nasara. There would be other chiefs as well within his controlled land. ... [i]n this region, land is communally owned based on common descent, residence within a nasara... more
... The land owning unit would also have a chief, a nakamal and a nasara. There would be other chiefs as well within his controlled land. ... [i]n this region, land is communally owned based on common descent, residence within a nasara and participation in common activities. ...