Law Reform in Plural Societies

Law Reform in Plural Societies
Author: Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa
Publisher: Springer
Total Pages: 210
Release: 2017-11-04
Genre: Law
ISBN: 3319655248

This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.

Changing the Law

Changing the Law
Author: Commonwealth Secretariat
Publisher: Commonwealth Secretariat
Total Pages: 251
Release: 2017-11-30
Genre: Law
ISBN: 1849291748

Changing the Law: A Practical Guide to Law Reform is designed to provide practical assistance to users seeking to deliver high standard law reform outcomes. Using examples and experience from around the Commonwealth and beyond, it guides users through each phase of a successful reform, from initiation to final implementation.

Introduction to South Pacific Law

Introduction to South Pacific Law
Author: Jennifer Corrin Care
Publisher: Psychology Press
Total Pages: 482
Release: 2007
Genre: Law
ISBN: 1845680391

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.

Passage of Change

Passage of Change
Author: Anita Jowitt
Publisher: ANU E Press
Total Pages: 378
Release: 2010-11-01
Genre: Political Science
ISBN: 1921666897

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.

South Pacific Contract Law

South Pacific Contract Law
Author: Jennifer Corrin-Care
Publisher: Routledge
Total Pages: 432
Release: 2015-10-08
Genre: Law
ISBN: 1135340072

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.

Reforming Family Law

Reforming Family Law
Author: Dörthe Engelcke
Publisher: Cambridge University Press
Total Pages: 287
Release: 2019-03-07
Genre: Law
ISBN: 110849661X

Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.

Globalisation and Governance in the Pacific Islands

Globalisation and Governance in the Pacific Islands
Author: Stewart Firth
Publisher: ANU E Press
Total Pages: 436
Release: 2006-12-01
Genre: Business & Economics
ISBN: 192094298X

"The Pacific Islands are feeling the effects of globalisation. Free trade in sugar and garments is threatening two of Fiji's key industries. At the same time other opportunities are emerging. Labour migration is growing in importance, and Pacific governments are calling for more access to Australia's labour market. Fiji has joined Samoa, Tonga, Tuvalu and Kiribati as a remittance economy, with thousands of its citizens working overseas. Meantime, Papua New Guinea and Solomon Islands grapple with an older kind of globalisation in which overseas companies exploit mineral and forest resources. The Pacific Islands confront unique problems of governance in this era of globalisation. The modern, democratic state often fits awkwardly with traditional ways of doing politics in that part of the world. Just as often, politicians in the Pacific exploit tradition or invent it to serve modern political purposes. The contributors to this volume examine Pacific globalisation and governance from a wide range of perspectives. They come from Papua New Guinea, Solomon Islands, Hawai'i, the Federated States of Micronesia, Samoa, Fiji, New Zealand and Jamaica as well as Australia."--Publisher's description.

Reform

Reform
Author: Geoffrey Palmer
Publisher: Victoria University Press
Total Pages: 703
Release: 2013-11
Genre: Biography & Autobiography
ISBN: 0864739605

Politician and law professor Geoffrey Palmer recounts the events and forces that shaped him in this memoir, as well as his many adventures in reforming a wide range of institutions, laws, and policies. Reform has been a recurring theme throughout Geoffrey Palmer's life, not only during his career in politics and as a Prime Minister, but also as a law professor and law practitioner. He speaks of his early life and family background and the eventful lives of his pioneering ancestors. He examines the intellectual influences on his thinking, particularly the nature of his education both in New Zealand and the United States, and chronicles his life according to the issues: accident compensation, the Constitution, the Bill of Rights, the Law Commission, liquor law, Maori issues, parliamentary reform, the Resource Management Act, law and order, prisons, and local government reform. Meticulously detailed and engagingly written, "Reform" is essential reading for anyone interested in New Zealand legal and political history.