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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.
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.
This book provides a detailed examination of the core areas of commercial law in common law jurisdictions across a range of South Pacific countries: Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. Commerce is an area of central importance to the South Pacific region. Although the countries in question are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. With a focus on case law and legislative provisions in individual jurisdictions, it sets out the framework of legal principles that regulate commercial activity within the South Pacific region, highlighting the common patterns and principal differences between countries of the region. It includes a discussion of PACER Plus, post-Cotonou discussions and the EU-OACPS Partnership Agreement as well as key amendments and challenges to commercial law in the region. It explores the legal structures of commerce, control and management of commercial entities, banking and transactions and termination. Importantly, the book has two new chapters, on digital currency and e-commerce in the South Pacific, reflecting the increasing use of technology in financial and commercial transactions. Offering a detailed analysis of the legal principles that regulate commercial activity within the South Pacific region, this book will be a useful resource for students, academics and practitioners working on commercial law in the South Pacific region.
This volume examines environmental law and governance in the Pacific, focussing on the emerging challenges this region faces. Fourteen Pacific Island countries, and a broad range of themes, such as deep-sea mining, fisheries, protected areas, heritage, endangered species, human rights and access to justice, are addressed in the volume.
This book presents the general principles of contract law that apply in the countries of the University of the South Pacific ('USP') region - Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Nauru, Niue, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands, and Vanuatu. It is unique in that it provides the only up-to-date survey of regional authorities for the principles of contract operating within the region. Like many other branches of the law, contract law has yet to establish its own identity in the South Pacific. However, whilst it is still based on the law of England, there are significant differences between English contract law and South Pacific contract law. The text provides a clear explanation of this divergence and highlights regional innovations, both in the form of legislation and local case law. It also examines the role of customary law and provides a comprehensive study of the significant differences between the law of contract in individual regional countries. Comparison is made between regional law with current English contract law, and with the contract law of Australia and New Zealand, particularly where regional courts have preferred that law to the law of England. This book is essential reading for all students of contract law in the South Pacific and constitutes a very useful source book and guide for academics and practitioners, from within and outside the region.
First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
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.
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.
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.