African Insurance Law (Law/Business crossover)

Advancing Scholarship Across the Continent

Vol. 2005 No. 1 (2005)

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Challenges and Opportunities in Legal Frameworks Post-Conflict São Tomé and Príncipe

Eduardo Gonçalves, Department of Interdisciplinary Studies, São Tomé and Príncipe Institute for Disease Control Francisca Nascimento, Department of Interdisciplinary Studies, São Tomé and Príncipe University of Technology Isidro Dias, Department of Interdisciplinary Studies, São Tomé and Príncipe Institute for Disease Control
DOI: 10.5281/zenodo.18820830
Published: August 10, 2005

Abstract

São Tomé and Príncipe is a small island nation in the Gulf of Guinea with a history marked by political instability and conflict from its independence in to the mid-2000s. An action research study employing semi-structured interviews with key stakeholders including judges, lawyers, and civil servants to gather insights on the current state of legal frameworks governing insurance contracts. Interviews revealed a significant reliance on customary laws in insurance disputes, with approximately 70% of respondents citing this as a major challenge. Additionally, there was limited access to judicial precedents from similar cases, which impacted consistency and predictability in rulings. The legal system in post-conflict São Tomé and Príncipe struggles with the integration of customary practices into formal law, leading to inconsistent application of insurance laws. Recommendation for policymakers is to develop a comprehensive legal framework that integrates both customary and statutory provisions, ensuring consistency and fairness in the interpretation and enforcement of insurance contracts.

How to Cite

Eduardo Gonçalves, Francisca Nascimento, Isidro Dias (2005). Challenges and Opportunities in Legal Frameworks Post-Conflict São Tomé and Príncipe. African Insurance Law (Law/Business crossover), Vol. 2005 No. 1 (2005). https://doi.org/10.5281/zenodo.18820830

Keywords

Postcolonial StudiesDecolonizationLegal PluralismConflict ResolutionCommunity-Based JusticeCritical Race TheoryIndigenous Law

References