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.

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

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 investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.

"In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes"--