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The only book of its kind, Introduction to South Pacific Law
provides an overview of law in Pacific Island countries and in
Papua New Guinea. It sets out the framework of South Pacific legal
systems and also describes the substantive law on a broad range of
topics.Examining both State laws and customary laws, the book
highlights common patterns and explains some of the principal
differences between the laws and legal systems of the countries of
the region.The introductory chapter looks at the development of
South Pacific law and at South Pacific jurisprudence. Individual
chapters are devoted to State laws, customary laws, constitutional
law, administrative law, criminal law, family law, contract law,
torts law, land law and court systems. The book makes extensive
reference to legislative provisions and case law of individual
jurisdictions.Including a discussion of recent changes in the law,
this new edition of Introduction to South Pacific Law is a useful
and up-to-date resource for all those interested in the law of the
region.JENNIFER CORRIN is Professor Emerita at The University of
Queensland. She is an academic and consultant on law reform and
development in plural legal regimes and legal issues affecting
small States. Before joining The University of Queensland, she
spent five years at the University of the South Pacific, having
joined the Faculty after nine years in her own legal firm in
Solomon Islands. She is author of Contract Law in the South Pacific
(now in its second edition) and co-author of Courts and Civil
Procedure in the South Pacific. She is co-editor of Legal Systems
of the Pacific.JUSTICE DR VERGIL NAROKOBI is a Judge of the
National Court and Supreme Court of Papua New Guinea. Prior to his
appointment as a judge in 2020, he was Legal Counsel at the
Ombudsman Commission of Papua New Guinea and President of the Papua
New Guinea Law Society. His PhD from Victoria University of
Wellington examined the implementation of Papua New Guineas
national goals and directive principles and basic social
obligations. He also holds an LLM from the University of Cambridge.
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.
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. With 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.
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.
The only book of its kind, Introduction to South Pacific Law
provides an overview of law in the South Pacific. It sets out the
framework of South Pacific legal systems and also describes the
substantive law on a broad range of topics.Examining both state
laws and customary law, the book highlights common patterns and
explains some of the principal differences between the laws and
legal systems of the countries of the region.The introductory
chapter looks at the development of South Pacific law and at South
Pacific jurisprudence. Individual chapters are devoted to state
laws, customary law, constitutional law, administrative law,
criminal law, family law, contract law, torts law, land law, and
court systems. The book makes extensive reference to legislative
provisions and case law of individual jurisdictions.Including a
discussion of recent changes in the law, this new edition of
Introduction to South Pacific Law is a useful and up-to-date
resource for all those interested in the law of the region.
This book deals with adoption laws and practices in small island
developing states in the Pacific. It commences with an introductory
chapter giving an overview of relevant laws and practices and
pulling together the common themes and issues raised in the book.
Each of the following chapters deals with adoption law and practice
in a small South Pacific country. The countries in question all
have plural legal systems, with systems of adoption and its closest
customary law equivalent operating side by side. In most cases,
there is an insufficiently developed relationship between the two
systems, which has resulted in a number of problems. Additionally,
international law adds another layer of complexity. Size and
remoteness in the small states under discussion have a profound
impact on local practices.
This book is a unique study of the law of contract in a range of
South Pacific Island countries: Cook Islands, Fiji, Kiribati,
Marshall Islands, Nauru, Niue, Papua New Guinea, Tokelau, Tonga,
Tuvalu, Samoa, Solomon Islands and Vanuatu, to name a few.Whilst
this law has yet to establish its own regional identity, it differs
significantly from the law of contract which operates in England
and Wales. Incorporating an up to date survey of local
jurisprudence, this book discusses the common law principles with
reference to both regional decisions and case law from England and
Wales. Further, it explains how the law of contract differs from
country to country within the South Pacific and highlights the
areas where regional courts have chosen to follow national legal
developments in other countries, such as Australia and New Zealand.
Relevant legislation in operation is also discussed, including
local enactments and statutes that have been introduced from
overseas. In addition, a separate chapter is specifically dedicated
to customary laws, exploring the question of whether there is a
customary law of contract. It explains the role of customary laws
and their place within State law hierarchies of laws in South
Pacific legal systems. Subsequent chapters go on to explore the
relationship between customary laws and particular State contract
laws.Contract Law in the South Pacific is a valuable resource for
students, academics and legal practitioners, both within and
outside the region.
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