Dr Miranda Forsyth
Areas of expertise
- Government And Politics Of Asia And The Pacific 160606
- Intellectual Property Law 180115
- Criminal Law And Procedure 180110
- Law And Society 180119
Biography
Miranda Forsyth is a Associate Professor at RegNet in the College of Asia and Pacific at ANU. In July 2015 she completed a three year ARC Discovery funded project to investigate the impact of intellectual property laws on development in Pacific Island countries.
Prior to coming to the ANU, Miranda was a senior lecturer in criminal law at the law school of the University of the South Pacific, based in Port Vila, Vanuatu for eight years. Miranda is the author of A Bird that Flies with Two Wings: Kastom and State Justice Systems in Vanuatu (2009) ANU ePress and co-author of Weaving Intellectual Property Policy in Small island Developing States, Intersentia 2015.
The broad focus of Miranda’s research is investigating the possibilities and challenges of the inter-operation of state and non-state justice and regulatory systems. She also works on the issue of how best to localize or vernacularize the foreign legal norms and procedures. Such norms are often required to be transplanted into developing countries, for example due to international or multilateral treaty obligations.
Miranda also has an on-going interest in broader theoretical questions involved in improving conflict resolution mechanisms in countries with weak states, and also what is involved in the concept of “development” in Pacific Island countries
Researcher's projects
Sorcery accusation related violence in PNG
Miranda is a chief investigator in a major four year project investigating how to best overcome sorcery accusations and related violence in PNG. The project started in 2016 and is explained further at: http://www.stopsorceryviolence.org/improving-impact-of-interventions/
You can access some of my papers on the Social Science Research Network (SSRN) at http://ssrn.com/author=2040341
Codification of custom and creation of community by-laws in the Pacific
Many communities across the Pacific islands region write down their own ‘customary’ or ‘local’ rules and regulations in the form of what are called customary or community laws, by-laws, constitutions or even ordinances. This project investigates these developments from a range of different perspectives, in particular asking about what impacts they have on addressing violence, gender inequality and the relationship of citizen and state. Information about a major conference that addressed these issues is available here: http://regnet.anu.edu.au/news-events/events/7159/codification-and-creation-community-customary-laws-south-pacific-and-beyond?#tab
Preventing and addressing environmental harm through restorative justice
Miranda is a CI in Linkage grant with the Victorian Environment Protection Authority that will examine how restorative justice practices can prevent and address environmental harm. See further http://regnet.anu.edu.au/news-events/news/7156/anu-epa-awarded-research-grant-restorative-justice-environment
Intellectual property law and development in Pacific Island countries
Miranda has just completed a three year research project investigating the impact of intellectual property laws on development in Pacific Island counctries. Some of the aims of this project were to:
- Identify synergies between customary approaches to the protection of indigenous traditional knowledge and state-based intellectual property regimes, to create a culturally appropriate approach to intellectual property protection in the region.
- Critically analyse the likely advantages and disadvantages of state-based intellectual property regimes on development in the Pacific Island Countries;
- Identify an approach to intellectual property in the region that maximizes the benefits of intellectual property laws and avoids or minimizes their disadvantages;
- Inform Australian, New Zealand and European Union policy in Free Trade Agreement negotiations with the region by charting an approach that ensures consistency between its trade-related intellectual property objectives and its broader development objectives for the region;
- Inform and support the Pacific Island Countries in adopting a harmonized approach to the negotiation of intellectual property provisions in FTAs, as required by the negotiation processes
The outputs of this project are summarised in a document available here: https://www.academia.edu/14836611/Outputs_of_Project_Investigating_Impact_of_Intellectual_Property_Laws_on_Development_in_Pacific_Island_Countries
Publications
- Forsyth, M, Kent, L, Dinnen, S, Wallis J and Bose, S, 2017, 'Hybridity in peacebuilding and development: a critical approach', Third World Thematics, vol. 2, no. 4, pp. 407-421.
- Kent, L, Bose, S, Wallis, J et al 2018, 'Introduction', in J Wallis, L Kent, M Forsyth, S Dinnen and S Bose (eds.), Hybridity on the Ground in Peacebuilding and Development: Critical Conversations, ANU Press, Canberra, pp. 1-20.
- Forsyth, M 2017, 'Intellectual Property', in Kenneth A. Reinert (ed.), Handbook of Globalisation and Development, Edward Elgar Publishing, Cheltenham, UK, pp. 83-99pp.
- Forsyth, M 2017, 'Legal pluralism: The regulation of traditional medicine in the Cook Islands', in Peter Drahos (ed.), Regulatory Theory: Foundations And Applications, ANU ePress, Canberra, Australia, pp. 233-246pp.
- Forsyth, M 2017, 'Intellectual property protection and development: The case of sustainable sea transport in Pacific Island countries', Development Policy Review, vol. Online, pp. 1-18pp..
- Forsyth, M 2016, 'The challenges of legal pluralism in the cook Islands and beyond: An insight from hunt and tupou & ors v miguel, Cook Islands court of appeal, 19 February 2016', Journal of South Pacific Law, vol. 2016, no. 2, pp. 26-38pp.
- Forsyth, M 2016, 'The Need for a Pluralist Approach to the Link between Intellectual Property and Development: A Pacific Island Case Study', WIPO Journal: (World Intellectual Property Organization), vol. 8, no. 1, pp. 123-133.
- Forsyth, M & Alexeyeff, K 2016, 'Regulating Cultural Performances in Oceania: the Complicated Relationship between Law, Creativity and Cultural Property', Journal of the Societe des Oceanistes (Journal de la societe des oceanistes/Journal societe des oceanistes), vol. 2016, no. 142-143, pp. 117-130pp.
- Robinson, D & Forsyth, M 2016, 'People, Plants, Place, and Rules: The Nagoya Protocol in Pacific Island Countries', Geographical Research, vol. 54, no. 3, pp. 324-335.
- Forsyth, M 2016, 'Making the case for a pluralistic approach to intellectual property regulation in developing countries', Queen Mary Journal of Intellectual Property, vol. 6, no. 1, pp. 3-26.
- Forsyth, M 2016, 'The Regulation of Witchcraft and Sorcery Practices and Beliefs', Annual Review of Law and Social Science, vol. 12, no. 46, pp. 331-351.
- Forsyth, M 2016, 'FORUM - Overcoming sorcery related violence'.
- Forsyth, M & Batley, J 2016, 'What the Political Corruption Scandal of 2015 Reveals about Checks and Balances in Vanuatu Governance', Journal of Pacific History, vol. 51, no. 3, pp. 255-277pp.
- Forsyth, M 2016, IB2016/21 New Developments in Papua New Guinea's Research and Development Regulatory Framework, pp. 1-2pp.
- Forsyth, M 2015, 'FORUM - Weaving intellectual property policy in small island developing states - 27 MAY 2016'.
- Forsyth, M 2015, 'SEMINAR - Making Room for Magic: A Pluralist Approach to Law'.
- Dinnen, S, Forsyth, M & Brown, A 2015, 'SEMINAR - Introduction to the Concept of Hyridity: Why is it a Concept Worth Interrogating?'.
- Forsyth, M 2015, 'PRESENTATION - Low Carbon Sea Transport, Intellectual Property and Pacific Island Countries'.
- Forsyth, M 2015, 'Cultural Economics and Intellectual Property: Opportunities and Challenges', <>, pp. 10pp.
- Forsyth, M 2015, 'PRESENTATION - Sorcery and Witchcraft In Melanesia: A Broader Approach'.
- Forsyth, M & Kama, B 2015, 'PRESENTATION- Judicial Independence In Melanesia: Custom, Church and Politics - 26-27 Mar 2015'.
- Forsyth, M 2015, 'Making room for magic in intellectual property policy', in Peter Drahos, Gustavo Ghidini, Hanns Ullrich (ed.), Kritika: Essays on Intellectual Property, Edward Elgar Publishing Ltd., Cheltenham, UK and Northampton, MA, USA, pp. 84-113.
- Forsyth, M & Farran, S 2015, Weaving Intellectual Property Policy in Small Island Developing States, Intersentia Publishing Ltd, Cambridge.
- Forsyth, M 2015, IB2015/65 'Fourteen Jailed': Politics and Justice in Vanuatu, pp. 1-2pp.
- Forsyth, M 2015, IB2015/24 Papua New Guinea's National Research Agenda, pp. 1-2pp.
- Forsyth, M & Eves, R 2015, 'The Problems and Victims of Sorcery and Witchcraft Practices and Beliefs in Melanesia: An Introduction', in Miranda Forsyth and Richard Eves (ed.), Talking it Through: Responses to Sorcery and Witchcraft Beliefs and Practices in Melanesia, ANU Press, Canberra, Australia, pp. 1-19.
- Forsyth, M 2015, 'A Pluralist Response to the Regulation of Sorcery and Witchcraft in Melanesia', in Miranda Forsyth and Richard Eves (ed.), Talking it Through: Responses to Sorcery and Witchcraft Beliefs and Practices in Melanesia, ANU Press, Canberra, Australia, pp. 213-239.
- Forsyth, M 2015, Understanding Judicial Independence in Vanuatu.
- Eves, R & Forsyth, M 2015, 'Developing Insecurity: Sorcery, Witchcraft and Melanesian Economic Development', State Society and Governance in Melanesia, vol. 2015, no. 7, pp. 1-16pp.
- Forsyth, M 2015, IB2015/38 Intellectual Property Policy in Solomon Islands: Who is Really Playing the Tune?, pp. 1-2pp.
- Forsyth, M 2015, 'Cultural Economics and Intellectual Property: Tensions and Challenges for the Region', Asia & The Pacific Policy Studies, vol. 2, no. 2, pp. 356-369. Available online: http://hdl.handle.net/1885/57481
- Forsyth, M 2014, IB2014/25 Alternative Development Paradigms in Vanuatu and Beyond, pp. 1-2pp.
- Forsyth, M 2014, IB2014/55 Research Permit Schemes in Pacific Island Countries, pp. 1-2pp.
- Forsyth, M 2014, IB2014/53 The Writing of Community By-Laws and Constitutions in Melanesia: Who? Why? Where? How?, pp. 1-2pp.
- Forsyth, M & Haggart, B 2014, 'The false friends problem for foreign norm transplantation in developing countries', Hague Journal on the Rule of Law, vol. 6, no. 2, pp. 202-229.
- Forsyth, M 2014, 'SEMINAR - The Winds of Change: Evolution and flux in intellectual property rights models at global and local levels'.
- Forsyth, M 2014, 'PRESENTATION - Setting the scene: A Typology of Legal Pluralism'.
- Lipsett, L, Forsyth, M, Raihan, S et al 2014, Pacific Trade and Human Rights 2014.
- Forsyth, M 2014, IB2014/08 Creative Commons Comes to the Pacific Islands, pp. 1-2pp.
- Forsyth, M 2014, IB 2014-18 | New Draft National Action Plan to Address Sorcery Accusation Related Violence in Papua New Guinea .
- Forsyth, M 2013, IB2013/1 Witchcraft and Sorcery-Related Killings in Melanesia: The Legal Issues.
- Forsyth, M & Farran, S 2013, 'Intellectual Property and Food Security in Least Developed Countries', Third World Quarterly, vol. 34, no. 3, pp. 516-533.
- Forsyth, M 2013, 'How can traditional knowledge best be regulated? Comparing a proprietary rights approach with a regulatory toolbox approach', The Contemporary Pacific, vol. 25, no. 1, pp. 1-31.
- Forsyth, M 2013, 'The Developmental Ramifications of Vanuatu's Intellectual Property Commitments on Joining the World Trade Organisation', Journal of Pacific Studies, vol. 36, no. 1/2, pp. 157-172.
- Forsyth, M 2013, 'How can the Theory of legal Pluralism Assist the Traditional Knowledge Debate?', Intersections: Gender and Sexuality in Asia and the Pacific, no. 33.
- Forsyth, M & Farran, S 2013, 'Introduction to Special Issue on Creativity, Innovation, Access to Knowledge and Development in Pacific Island Countries', Pacific Studies, vol. 36, no. 1/2, pp. 3-13.
- Forsyth, M 2011, 'Spinning a Conflict Management Web in Vanuatu: Creating and Strengthening Links between State and non-State Legal Institutions', Journal of Legal Pluralism and Unofficial Law, vol. 43, no. 63, pp. 179-205.
- Forsyth, M 2010, 'The Divorce or the Marriage of Morality and Law?: The Defence of Necessity in Pacific Island Countries', Criminal Law Forum, vol. 21, no. 1, pp. 121-157.
- Forsyth, M 2009, 'How to 'Do' Legal Pluralism', in <> (ed.), <>.
- Forsyth, M 2013, 'How can Traditional Knowledge Best be Regulated? Comparing a Proprietary Rights Approach with a Regulatory Toolbox Approach' 25(1) The Contemporary Pacific 1-31.
- Forsyth, M 2012, 'Tales of Intellectual Property in the South Pacific' SSGM Discussion Paper 2012/13 http://ips.cap.anu.edu.au/ssgm/papers/discussion_papers/2012_3.pdf
- Forsyth, M 2012, 'Do You Want it Giftwrapped? Protecting Traditional Knowledge in the Pacific Island Countries', in Peter Drahos and Susy Frankel (ed.), Indigenous peoples' innovation: Intellectual Property Pathways to Development, ANU ePress, Canberra, pp. 189-214.
- Forsyth, M, 2012, 'Lifting the Lid on 'the Community': Who has the Right to Control Access to Traditional Knowledge and Expressions of Culture?' International Journal of Cultural Property, 19, pp 1-31.
- Forsyth, M 2011, 'Spinning a Conflict Management Web in Vanuatu: Creating and Strengthening Links between State and non-State Legal Institutions' Journal of Legal Pluralism and Unofficial Law vol. 63, pp.179-205.
- Forsyth, M 2011, 'The Kastom System of Dispute Resolution in Vanuatu', in John Taylor and Nick Thieberger (ed.), Working together in Vanuatu: research histories, collaborations, projects and reflections, ANU ePress, Canberra, pp. 175-182.
- Forsyth, M 2011, 'The traditional knowledge movement in the Pacific Island countries: the challenge of localism', Prometheus, vol. 29, no. 3, pp. 269-286.
- Forsyth, M 2010, ‘The Divorce or the Marriage of Morality and Law?: The Defence of Necessity in Pacific Island Countries’ Criminal Law Forum vol 21, no.1, p. 121
- Forsyth, M 2009, A Bird That Flies With Two Wings: Kastom and state justice systems in Vanuatu, ANU ePress, Canberra Australia.
- Forsyth, M 2007, 'A Typology of Relationships Between State and Non-State Justice Systems' Journal of Legal Pluralism and Unofficial Law vol. 56, pp. 67 - 112
- Forsyth, M 2007, ‘Leadership Structures And Dispute Management Systems In Vanuatu From First Contact To Independence’ Journal of Pacific Studies, vol.30, p. 63
- Forsyth, M 2007, 'Duress as a Criminal Defence in Solomon Islands' Journal of South Pacific Law, vol 11, no. 2, p.194
- Forsyth, M 2006 ‘Sorcery and the Criminal Law in Vanuatu’ LAWASIA, pp.1-27.
- Forsyth, M 2004, ‘Beyond Case Law: Kastom and Courts in Vanuatu’ Victoria University of Wellington Law Review, vol. 35, no.2, 427
- Forsyth, M 2003, ‘Determining Chiefly title: From Courts to Custom and Back Again’ Alternative Law Journal, vol. 28, no.4, 193
- Forsyth, M 2003, 'Cargo Cults and Intellectual Property in the South Pacific', Australian Intellectual Property Journal, vol. 14, no. 4, pp. 193-207.
- Forsyth, M 2003, ‘Intellectual Property in the South Pacific: Friend or Foe’ Journal of South Pacific Law, vol.7, no.1
- Forsyth, M 2001, ‘The Digital Agenda Anti-Circumvention Provisions: A Threat to Fair Use in Cyberspace’ Australian Intellectual Property Journal vol 12, no.2, pp.82- 103.
- Forsyth, M 2000, ‘Biotechnology, Patents and Public Policy: A proposal for Reform in Australia’ Australian Intellectual Property Journal, vol. 11, no.4, pp. 202- 229.