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.

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 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.

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 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.