Constitution of the Republic of the Marshall Islands 1979, as amended to 1995
Property, Inheritance and Land Tenure
  • English
    …
    (3) The jurisdiction of the Traditional Rights Court shall be limited to the determination of questions relating to titles or to land rights4 or to other legal interests depending wholly or partly on customary law5 and traditional practice in the Republic of the Marshall Islands.
    … (Art. VI, Sec. 4)
Property, Inheritance and Land Tenure
  • English
    (1) Nothing in Article II6 shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal.
    (2) Without prejudice to the continued application of the customary law pursuant to Section 1 of Article XIII,7 and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic, under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land.
    … (Art. X, Sec. 1)
1
Constitution of the Republic of the Marshall Islands 1979, as amended to 1995 (English), available in HeinOnline World Constitutions Illustrated Library (2019).
Links to all sites last visited 31 March 2021
2
According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Land rights’ mean any right in any land in the Republic under the customary law or any traditional practice: …”
3
Article II on Bill of Rights.
4, 5
4 - According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Land rights’ mean any right in any land in the Republic under the customary law or any traditional practice: …”5 - According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Customary law’ means any custom having the force of law in the Republic of the Marshall Islands; and includes any Act declaring the customary law; …”
6, 7
6 - Article II on Bill of Rights.7 - Article XIII on Transitional.
8
According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Customary law’ means any custom having the force of law in the Republic of the Marshall Islands; and includes any Act declaring the customary law; …”
9
According to Art. XIV, Sec. 1: “In this Constitution, unless the context otherwise requires: … ‘Land rights’ mean any right in any land in the Republic under the customary law or any traditional practice: …”
10, 11
10 - Article II on Bill of Rights.11 - Article XIII on Transitional.