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 common law. The main topic interacts with a range of others such as constitutions, legal institutions and structures, social organization, culture and custom, tradition and change, especially in the Pacific region where the legal systems are complex and perceptions of what rights are or should be varies widely.
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.
Human rights are acquiring an increasingly prominent role on the world stage. Interest in, concern about and action on human rights are widespread and rising, albeit in a far from globally even, uniform and untroubled fashion. Human rights have generated a booming global industry while having become, not unconnectedly, highly controversial and deeply contested. Human rights matters have emerged as a major source of disagreement, dispute and discord at and between the local, regional and global levels of social, cultural, political and economic life. These developments are addressed in the book by an examination of the links between the evolving global human rights regime (GHRR) and the character and course of human rights in the world's most dynamic, complex and problematic region, that of the Asia Pacific. The authors argue that although the Asia Pacific and human rights nexus is influenced by cultural clashes, it is largely shaped by power distributions and struggles rooted in the global political economy (GPE). The prevailing GHRR reflects the way in which globalization processes have been Western led, but its future is far from certain given the current shift in the balance of GPE power towards the Asia Pacific, and especially East Asia.
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.
International Law: A Textbook for the South Pacific is an introductory textbook for students and practitioners of international law. It provides a concise and clear introduction to the subject from the perspective of the South Pacific. This textbook takes advantage of Professor Olowu's unique experience as a lawyer trained at universities in Africa, North America and Europe, and having taught international law in the South Pacific. Few academics can claim his breadth and depth of expertise concerning in international law in diverse geographical and cultural contexts. This textbook introduces the most important aspects of public international law in a clear and authoritative manner.
