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Proving Customary Law In The Common Law Courts Of The South Pacific
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Book Synopsis Proving Customary Law in the Common Law Courts of the South Pacific by : Jean G. Zorn
Download or read book Proving Customary Law in the Common Law Courts of the South Pacific written by Jean G. Zorn and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the state of the constitutional status of customary law in independent Pacific island nations and the relationship between traditional legal processes and imported common law.
Book Synopsis Introduction to South Pacific Law by : Jennifer Corrin Care
Download or read book Introduction to South Pacific Law written by Jennifer Corrin Care and published by Psychology Press. This book was released on 2007 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Pacific Courts and Legal Systems by : Guy Powles
Download or read book Pacific Courts and Legal Systems written by Guy Powles and published by [email protected]. This book was released on 1988 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis South Pacific Islands Legal Systems by : Michael A. Ntumy
Download or read book South Pacific Islands Legal Systems written by Michael A. Ntumy and published by . This book was released on 1993-06 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Introduction to South Pacific Law by : Jennifer Corrin
Download or read book Introduction to South Pacific Law written by Jennifer Corrin and published by Routledge. This book was released on 2007-11-13 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights in the South Pacific by : Sue Farran
Download or read book Human Rights in the South Pacific written by Sue Farran and published by Routledge. This book was released on 2009-01-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Justice, Legality and the Rule of Law by : Dawn Oliver
Download or read book Justice, Legality and the Rule of Law written by Dawn Oliver and published by OUP Oxford. This book was released on 2009-09-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A British colony of fifty souls in the Pacific Ocean, Pitcairn Island was settled by the Bounty mutineers and nineteen Polynesians in 1790. In 2004 six Pitcairn men were convicted of numerous offences against girls and young women, committed over a thirty year period, in what appears to have been a culture of sexual abuse on the island. This case has raised many questions: what right did the British government have to initiate these prosecutions? Was it fair to prosecute the defendants, given that no laws had been published on the island? Indeed, what, if any, law was there on this island? This collection of essays explores the many important issues raised by the case and by the situation of a small, isolated community of this kind. It starts by looking at the background to the prosecutions, considering the dilemma that faced the British government when the abuse was uncovered, and discussing the ways in which the judges dealt with the case, as well as exploring the history of the settlement and how colonial law affects it. This background paves the way for an exploration of the philosophical, jurisprudential, and ethical issues raised by the prosecutions: was it legitimate for the UK to intervene, given the absence of any common community between the UK and the island? Was the positivist 'law on paper' approach adopted by the British government and the courts appropriate, especially given the lack of promulgation of the laws under which the men were prosecuted? Would alternative responses such as payment of compensation to the female victims and provision of community support have been preferable? And should universal human rights claims justify the prosecutions, overriding any allegations of cultural relativism on the part of the UK?
Download or read book Passage of Change written by Anita Jowitt and published by ANU E Press. This book was released on 2010-11-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis South Pacific Property Law by : Sue Farran
Download or read book South Pacific Property Law written by Sue Farran and published by Routledge. This book was released on 2013-03-04 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encompassing the legal systems of over a dozen independent countries, the authors of this book bring together a wealth of diverse sources to present a coherent picture of the law of property as it exists today, and offer some thoughts on the challenges and legal difficulties facing the region.
Book Synopsis The Oxford Handbook on Atrocity Crimes by : Barbora Holá
Download or read book The Oxford Handbook on Atrocity Crimes written by Barbora Holá and published by Oxford University Press. This book was released on 2022 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Oxford Handbook on Atrocity Crimes consolidates and further develops the evolving field of atrocity studies by combining major mono-, inter-, and multi-disciplinary research on atrocity crimes in one volume encompassing contributions of leading scholars. Atrocity crimes-war crimes, crimes against humanity, and genocide-are manifestations of large scale and systematic criminality committed within specific political, ideological, and societal contexts. These crimes are committed by a multiplicity of actors against a large number of victims who suffer far-reaching consequences. Scholars studying mass atrocities are scattered not only across disciplines-such as international (criminal) law, international relations, criminology, political science, psychology, sociology, history, anthropology, or demography-but also across the topic-related fields, which are by definition multi- and interdisciplinary but are typically limited to a particular category or aspect of atrocity crimes. This Handbook brings together these strands of scholarship on (mass) atrocities and interrogates atrocity crimes as an overarching category of criminality, while simultaneously keeping an eye on differences among the individual constitutive categories. The Handbook covers topics related to the etiology and causes of atrocities, the actors involved, the harm and victims of atrocity crimes, the reactions to mass atrocities, and in-depth case studies of understudied situations of war crimes, crimes against humanity, and genocide"--
Book Synopsis Lawyers and Savages by : Kaius Tuori
Download or read book Lawyers and Savages written by Kaius Tuori and published by Routledge. This book was released on 2014-09-19 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.
Book Synopsis South Pacific Contract Law by : Jennifer Corrin-Care
Download or read book South Pacific Contract Law written by Jennifer Corrin-Care and published by Routledge. This book was released on 2015-10-08 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis South Pacific Contract Law by : Jennifer Corrin-Care
Download or read book South Pacific Contract Law written by Jennifer Corrin-Care and published by Cavendish Publishing. This book was released on 2001-04-19 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The South Pacific by : R. G. Crocombe
Download or read book The South Pacific written by R. G. Crocombe and published by Addison Wesley Longman. This book was released on 1987 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Debating Legal Pluralism and Constitutionalism by : Guillaume Tusseau
Download or read book Debating Legal Pluralism and Constitutionalism written by Guillaume Tusseau and published by Springer Nature. This book was released on 2020-02-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
Book Synopsis Association for Social Anthropology in Oceania Newsletter by : Association for Social Anthropology in Oceania
Download or read book Association for Social Anthropology in Oceania Newsletter written by Association for Social Anthropology in Oceania and published by . This book was released on 2002 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mixed Blessings written by Amanda Whiting and published by Studies in Religion, Secular B. This book was released on 2006 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume explore some of the diverse and contradictory ways that the lives of women in the Asia-Pacific region are shaped by two powerful regimes - 'religion' and 'law' - and by the interactions between them. They show that for women, laws - customary, colonial, post-independence and international - and religions - indigenous or introduced, Buddhism, Christianity, Islam and Confucianism - have been a 'mixed blessing'. These diverse legal systems and religious doctrines and institutions have variously denied women authority and the capacity to participate fully in the public organization of social, political and religious life; they have furthermore constructed gender and familial relations in ways that subordinate women. Yet they have also offered promises of women's empowerment, and provided rules and procedures, norms, values, and interpretations of sacred traditions to deliver those empancipatory promises. Each chapter is devoted to a single state; first, the history and current framework of the national legal system is introduced; then the place of religion in the state is explained; and finally, by means of precise and detailed case studies or examples, each author explores how these sometimes competing, sometimes colluding regimes constructed women and how women interpreted this positioning and sought to resituate themselves.
