Legal Systems Of The Pacific

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.

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.

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.

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.

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.

Commerce has become an area of central importance to the South Pacific region. Although the countries are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. This new textbook is the first to examine the main areas of commercial law in the common law jurisdictions of the South Pacific region. These jurisdictions include the Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, (Western) Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. The text is divided into six parts each with its own introduction to aid the reader through each particular area. Utilising both a structural and transactional approach it examines: the establishment and termination of commercial organizations the internal and external relations within and between organizations the legal principles applicable to various kinds of commercial dealings eg. insurance, sale of goods, bills of exchange aspects of foreign trade and international commerce relevant to the region. Knowledge of the legal principles that regulate commercial activity within the South Pacific Region is essential for the communities themselves and for those from outside interested in doing business in the area. Students studying commercial law in the region will find this textbook essential reading as will those involved, or seeking to become involved, in commercial activity there

Jalal has been able to collect the inputs of many individuals working within the legal systems of nine jurisdictions (all member states of the University of the South Pacific) in the region. This book represents an important collection of authorities and information in the region. The information is presented as simply as possible with an attempt to explain legal concepts and ideas in non-technical language. Although this is not an academic text and is not aimed at an academic audience, many will find it a useful point of reference for case examples and some legislative provisions. Its main objective, however, is to politicize the position of women in the Pacific. Ms Jalal's work is driven by her "anger at the injustice that is caused to women in the Pacific, because they are women" (Preface ix) and in her introductory chapter she argues that "Pacific Island feminism" will pave the way for equality for women in the region.

A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.