Proving Customary Law In The Common Law Courts Of The South Pacific


Proving Customary Law In The Common Law Courts Of The South Pacific
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Proving Customary Law In The Common Law Courts Of The South Pacific


Proving Customary Law In The Common Law Courts Of The South Pacific
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Author : Jean G. Zorn
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2002

Proving Customary Law In The Common Law Courts Of The South Pacific written by Jean G. Zorn and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.


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.



Introduction To South Pacific Law


Introduction To South Pacific Law
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Author : Jennifer Corrin Care
language : en
Publisher: Psychology Press
Release Date : 2007

Introduction To South Pacific Law written by Jennifer Corrin Care and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


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.



Pacific Courts And Legal Systems


Pacific Courts And Legal Systems
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Author : Guy Powles
language : en
Publisher: [email protected]
Release Date : 1988

Pacific Courts And Legal Systems written by Guy Powles and has been published by [email protected] this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Courts categories.




South Pacific Islands Legal Systems


South Pacific Islands Legal Systems
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Author : Michael A. Ntumy
language : en
Publisher:
Release Date : 1993-06

South Pacific Islands Legal Systems written by Michael A. Ntumy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-06 with Law categories.


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.



Introduction To South Pacific Law


Introduction To South Pacific Law
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Author : JENNIFER. NAROKOBI CORRIN (VERGIL.)
language : en
Publisher:
Release Date : 2022-11-28

Introduction To South Pacific Law written by JENNIFER. NAROKOBI CORRIN (VERGIL.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-28 with categories.


This book sets out the framework of South Pacific legal systems and also describes the substantive law on a broad range of topics. Including a discussion of recent changes in the law, this new edition is a useful and up-to-date resource for all those interested in the law of the region.



Introduction To South Pacific Law


Introduction To South Pacific Law
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Author : Jennifer Corrin
language : en
Publisher: Routledge
Release Date : 2007-11-13

Introduction To South Pacific Law written by Jennifer Corrin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-13 with Law categories.


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.



Courts And Civil Procedure In The South Pacific


Courts And Civil Procedure In The South Pacific
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Author : Jennifer Corrin
language : en
Publisher:
Release Date : 2016

Courts And Civil Procedure In The South Pacific written by Jennifer Corrin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil procedure categories.


This book compares the conduct of civil cases in countries of the South Pacific and explains the practical application of civil procedures in the context of the courts in which they operate. The text focuses on the rules that apply in the superior courts of Fiji, Kiribati, Samoa, the Solomon Islands, Tonga, Tuvalu, and Vanuatu. In this second edition, an introductory chapter explains the origin of the rules and the factors that link and differentiate them. The book then highlights the preliminary considerations that should be weighed before proceedings are instituted. Additionally, the constitution and civil jurisdiction of the courts are explained, along with a discussion of legislative and case law developments. Alternative ways of resolving civil disputes are offered. Recent changes to the rules are described, and further reforms that may be considered by rule making bodies are suggested. Subject: Civil Law, Comparative Law]



Justice Legality And The Rule Of Law


Justice Legality And The Rule Of Law
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Author : Dawn Oliver
language : en
Publisher: OUP Oxford
Release Date : 2009-09-03

Justice Legality And The Rule Of Law written by Dawn Oliver and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-03 with Law categories.


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?



Human Rights In The South Pacific


Human Rights In The South Pacific
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Author : Sue Farran
language : en
Publisher: Routledge
Release Date : 2009-01-15

Human Rights In The South Pacific written by Sue Farran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-15 with Law categories.


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.



Passage Of Change


Passage Of Change
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Author : Anita Jowitt
language : en
Publisher: ANU E Press
Release Date : 2010-11-01

Passage Of Change written by Anita Jowitt and has been published by ANU E Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Political Science categories.


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.