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The Pacific region holds a cluster emerging nations that are attempting to reconcile a British-styled legal system with indigenous customary law. This union often creates conflict especially in areas of criminal law, human rights, family law, hereditary rights and property law. This guide provides a framework to support historical and current research on the legal systems of Pacific island nations which were under control of the British High Commissioner of the Western Pacific prior to their independence in the latter half of the 20th century: Kiribati, Solomon Islands, Tonga, Tuvalu, and Vanuatu. Parts I and II highlight difficulties researching these legal systems and suggests solutions. Part III reviews the legal history of the former British dependencies including the roles of prerogative instruments, British Parliamentary laws, localized legislation, and case law. Part IV provides strategies to fill gaps in documentation. Part V assesses research tools in the current legal system. The guide concludes with an appendix of primary resources for both pre-independence and post-independence legal authority.--Publisher.
The book provides an overview of the laws, legal structures, and governmental institutions of each of the states and territories of the South and Central Pacific. The first part includes those nations whose constitutional systems approximate to a Westminster concept of cabinet government. The second part includes those states and territories whose constitutional arrangements exhibit closer ties to the American presidential model, with its emphasis on the separation of governmental functions and powers. The third part contains the current French territories.
This book provides an overview of the legal systems of a selection of Pacific Island countries. It gives a general outline of each system, with emphasis on particularities and matters of current special interest, such as climate change and the environment. It offers easy reference and information about where to find more information on specific aspects of the legal system in each of those jurisdictions.00With no new books written on these legal systems, namely the Cook Islands, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, Niue, Papua New Guinea, Pitcairn, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Wallis and Futuna, for nearly 30 years, 'Legal Systems of the Pacific' fills a gap in the literature and offers an ?insider? perspective on the legal system, with the majority of authors being indigenous or long-term residents of the countries in question.
Paper presented at a seminar of the Western Pacific Chapter of the American Association of Law Libraries, Oct. 24, 1992, Honolulu, Hawaii.
This Legal Research and Writing text is designed for paralegal/legal assistant studies programs in colleges and universities at both the associate degree and the baccalaureate levels. It is anticipated that users of such text will introduce the matter in the student’s first or second semester once the student has entered his/her core courses or requirements.
Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
"Formerly known as the International Citation Manual"--p. xv.
The Legal Desk Reference is a comprehensive source of legal information which includes approximately 9,000 definitions of legal words and phrases and an extensive legal bibliography. It offers Quick Cite to selected statutes and cases, abbreviations, charts, tables, maps and much more!
This book compares the conduct of civil cases in countries of the South Pacific and explains the practical application of civil procedures in the context of the courts in which they operate. The text focuses on the rules that apply in the superior courts of Fiji, Kiribati, Samoa, the Solomon Islands, Tonga, Tuvalu, and Vanuatu. In this second edition, an introductory chapter explains the origin of the rules and the factors that link and differentiate them. The book then highlights the preliminary considerations that should be weighed before proceedings are instituted. Additionally, the constitution and civil jurisdiction of the courts are explained, along with a discussion of legislative and case law developments. Alternative ways of resolving civil disputes are offered. Recent changes to the rules are described, and further reforms that may be considered by rule making bodies are suggested. Subject: Civil Law, Comparative Law]
This public domain book is an open and compatible implementation of the Uniform System of Citation.