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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of the common law – where the legal systems are complex and perceptions of rights varies widely. Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change. The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people. Human Rights in the South Pacific will appeal to anyone interested in the region or in human rights including international rights advocates, investors and developers, policy-makers, representatives of government and civic society and those wishing to acquire a better understanding of what countries emerging from colonial rule face in developing but still retaining their identity.
Discussion of the critical aspects of the often tense relationship between indigenous custom and tradition and externally-imposed Western societal structures. Examines the revival and rejuvenation of customary legal systems and the conflict between the real imperatives of customary and traditional practice and the more formal strictures of Western legal systems. Concentrates on the situation in the French overseas territories. Includes appendices and notes on contributors.
International Law: A Textbook for the South Pacific is an introductory textbook for students and practitioners of international law. It provides a concise and clear introduction to the subject from the perspective of the South Pacific. This textbook takes advantage of Professor Olowu's unique experience as a lawyer trained at universities in Africa, North America and Europe, and having taught international law in the South Pacific. Few academics can claim his breadth and depth of expertise concerning in international law in diverse geographical and cultural contexts. This textbook introduces the most important aspects of public international law in a clear and authoritative manner.
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.
This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of common law. The main topic interacts with a range of others such as constitutions, legal institutions and structures, social organization, culture and custom, tradition and change, especially in the Pacific region where the legal systems are complex and perceptions of what rights are or should be varies widely.
Guide to Human Rights Sources
A fundamental question in giving effect to custom as part of the formal system, is how it is to be proved. There are two diametrically opposed views on this. The first is that the parties must prove it as a matter of fact by calling evidence. The opposing view is that custom is a question of law, and therefore can be found by the court without requiring the production of evidence as to its existence. Proving customary law as a question of fact may be a costly exercise. It may also involve complicated rules of evidence, alien to customary affairs. From a wider perspective, it subjects customary law to the adversarial system, which is arguably inappropriate in the South Pacific, where it is in direct conflict with cultural values of consensus and community decision-making. Treating custom as law, on the other hand, puts it on the same level as other sources of formal law. The court may take judicial notice of customary law or make its own inquiries as to the existence and applicability of custom, rather than having to rely on the parties' submissions. However, customary law is mostly unwritten, and it may be difficult for the court to decide whether a particular custom does amount to law or not. This Article summarizes the constitutional and statutory provisions dealing with the pleading and proof of custom. It then analyzes some recent cases demonstrating the tendency of judges to make the pleading and proof of custom even more exacting than might already be required by those sections. It looks at the means used by the courts for ascertaining custom and the advantages and disadvantages of each. It concludes by considering whether there are better ways for courts to go about the task of finding custom than those currently in use and whether it is a task that the formal courts should take upon themselves at all.