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2012 | P. Mertenskoetter and D.S. Luak (NYU Global Law) - An overview of the legal system and legal research in the Republic of South Sudan

This article provides an overview of the legal system of the republic of South Sudan and discusses the executive power, the legislative power and the structure of the judiciary.

Particularly interesting in this article is the account of the history of the legal system of South Sudan that was built on a combination of statutory and customary law. The most prominent political party in South Sudan, the SPLM, began developing statutory laws and regulations during the second civil war (1983-2005). Some of them were amended and entered into force with the independence of South Sudan in 2011 (for instance the 2011 Transitional Constitution). However, customary courts still play a prominent role in South Sudanese society. Paragraph 6.2. explains how these two system exist next to each other.

In chapter 8 the authors give a list of the official laws of South Sudan,