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Customary Law (Restoration) Act 1986 [39 MIRC Ch 2]

39 MIRC Ch. 2

MARSHALL ISLANDS REVISED CODE 2004

TITLE 39 - CUSTOMS AND TRADITIONS

CHAPTER 2.

CUSTOMARY LAW

ARRANGEMENT OF SECTIONS

Section

§201. Short title.
§202. Invalidating of certain decision.

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An Act to invalidate a certain decision of the High Court of the Trust Territory of the Pacific Islands on the ground of inconsistency with customary law, and to provide for matters connected therewith or incidental thereto.
[Section numbering style modified to conform to Code format (Rev.2003)]

Commencement: March 6, 1986
Source: P.L. 1986-20

§201. Short title.

This Act may be cited as the 'Customary Law (Restoration) Act 1986'. [P.L. 1986-20, §1.]

§202. Invalidating of certain decision.

(1) The decision of the High Court of the Trust Territory of the Pacific Islands in the case of L. Levi, et. al., v. Kumtak, et. al, specified as Combined Civil Action No. 1, is hereby declared null and void, and any rights, titles or interest deriving therefrom are of no force or avail in law unless the same be in conformity with the rules of customary law applicable thereto, any changes made by the Japanese Administration to the contrary notwithstanding.

(2) No person or body of persons recognized in pursuance of the said decision shall after the date of commencement of this Act assert or exercise any title, right or power of Iroijlaplap with respect to the subject matter thereof which may be asserted or exercised by only such person as shall be entitled thereto according to the rules of customary law.

Provided, however, that nothing in the provisions of this Subsection shall be construed as preventing the Iroij Eriks, Alaps, and Dri Jerbals from jointly asserting or exercising IroijLaplap rights or powers with respect to any piece of land to which they are so entitled, until a final determination is made as to the question of Iroijlaplap. [P.L. 1986-20, §2.]

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