Comment ça va? The Status of French Laws in Vanuatu

Abstract

Prior to Vanuatu’s independence in 1980, in the absence of applicable joint regulations, French law applied to French citizens and English law applied to British citizens. Members of the indigenous population were governed by a different regime. Subjects of other countries were required to “opt” for either the French or the English legal system within one month of arrival. At independence, French and English laws continued in force, unless revoked by the Vanuatu Parliament or incompatible with the independent status of Vanuatu. However, the opting provisions were repealed and it was not made clear when and to whom each system of law was to apply. In practice, French law is rarely applied. Commencing with a brief explanation of the sources of law in Vanuatu, this Article seeks to identify the rules for the application of French law in Vanuatu today through an analysis of relevant case law. It then goes on to explore divergence between English and French law, which might be of significance for parties to civil cases. The Article also discusses the results of empirical work carried out in Vanuatu, which sheds some light on the reasons why French law has been marginalised.