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.
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Praise for the first edition: "Tonga is unique among bibliographies in its perception and understanding, and in its affection for Tonga and its people. . . . Daly’s work stands on exceptionally sound foundations. . . . His summaries are excellent, indeed, but Daly writes always with the authority of first-hand knowledge, with a keen eye for the essential, and the ability to interpret and clarify obscurities. . . . A trustworthy introduction to Tonga in all its diversity, a splendid point de départ for all, layman or scholar, needing a reliable guide to the essential literature about this remarkable Polynesian kingdom." —Bulletin of the School of Oriental and African Studies "The book is so arranged that it is easy to locate any of the items listed. . . . I found myself spending pleasant hours perusing Daly’s comments on the different publications.. . . I hope the rumor of a second, revised edition of this bibliography is true." —Journal of the Polynesian Society Tonga is a fascinating and subtle combination of a traditional Polynesian kingdom—the only one to survive the impact of colonization in the nineteenth century and remain independent—and a thoroughly Christian country. This comprehensive bibliography is a selective guide to the most significant and accessible English-language books, papers, and articles on every aspect of the kingdom’s history, culture, arts, politics, environment, and economy. It is a much updated and expanded edition of the original version that was published in 1999 as part of the World Bibliographical Series, with the addition of more than 200 new entries. Each of the approximately 600 described and annotated items is organized under broad subject headings, and indexed by author, title, and subject. In addition—and new to this edition—all known Ph.D. theses, although not annotated, are shown within their appropriate subject categories and indexed. Also new is a section on the most important Tonga-related websites. A general introduction describes the Tongan kingdom, its history and society, and its current situation. Tonga: A New Bibliography will be an invaluable resource for anyone with a serious interest in Tonga and an indispensable volume for academic libraries, reference collections, and policy makers focused on the Pacific islands.
In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.
The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific region and explains their practical application in the context of the courts in which they operate. The text focuses on the rules that apply and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu and Solomon Islands, and the rules that apply in the superior courts of the Fiji Islands, Samoa and Tonga. It also fully discusses the new rules of civil procedure that are currently being introduced in Vanatu. The text describes recent changes to regional civil procedure rules and suggests further reforms. Legislative and case law developments are also discussed. This book is designed for use by legal practitioners and anyone interested in civil procedure in the South Pacific region. It will also be of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.
