"With the inevitable lessening of the importance of traditional forms of management of land and water resources in Pacific island countries accompanying the development of the state and the internationalisation of these economies, common property problems have arisen in many natural resource areas. 'This publication covers many of the problem areas which have arisen and discusses various approaches to better management"--Foreword.

This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.

In a region where mining, forestry, fish and other primary resources are so basic to income, employment and national prosperity, an understanding of rights to land, water and minerals is fundamental. Tenure regimes in the Asia-Pacific region are vastly more diverse and complex than in those of any other part of the world for comparable population numbers. These studies will overcome the simplistic misunderstandings that have obscured understanding in so many instances. This book provides an up-to-date overview of the main patterns of indigenous property rights, particularly those held by corporate groups, in the South Pacific Forum region (Australia, New Zealand and the independent Pacific island nations) plus a valuable comparative chapter on Canada. It explores the relative success and failure of a variety of approaches to the management of these complex systems, and offers insights and suggestions for the amelioration of present and likely future stresses in the systems. It is a valuable contribution to the understanding of both governance and property, and to the effective sociopolitical development of the region. - Ron Crocombe, Emeritus Professor, University of the South Pacific

This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.

Coming out of an established international graduate student conference organized by the East-West Center, this book presents selected papers written by graduate students from different fields of study. After identifying historical or contemporary issues in each field, these papers propose a framework for resolving these issues, whether through global commitment, regional cooperation, national policy, or local knowledge and practice. The unifying thread of this book is sustaining resilience in the Asia Pacific. We acknowledge this perseverance and try to sustain and disseminate it so that other communities may learn from these practices and experiences. Generally, a volume like this would address the challenge of this region from a security, economics or political perspective. This book hopes to add to the literature on resiliency by addressing these issues from a multidisciplinary and multilevel perspective.

New policies are needed if the Pacific is to realise its potential as a peaceful, prosperous region, where the Pacific's citizens enjoy good standards of health and education, long lives and many opportunities; where Pacific economic growth is constantly improving, driven by environmentally sustainable service industries; where coups, civil conflict and the dangers of failed states have been relegated to the past; where the Pacific is integrated into the wider region, and is an influential voice in world affairs. Argues that Pacific countries including Australia, need to embrace regional integration to realise this vision. The book sets out a comprehensive plan for realising a Pacific regional community dedicated to promoting sustainable development, security, human rights, the rule of law and democracy.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.