This volume examines environmental law and governance in the Pacific, focussing on the emerging challenges this region faces. Fourteen Pacific Island countries, and a broad range of themes, such as deep-sea mining, fisheries, protected areas, heritage, endangered species, human rights and access to justice, are addressed in the volume.
The legislation of five countries on environmental and natural management is examined and analyzed in terms of its effectiveness in addressing the major environmental issues existing in each country. Practical recommendations are made, building on the findings of the review carried out by SPREP with the technical assistance of IUCN, and support from the ADB.
Small Island Developing States are often depicted as being among the most vulnerable of all places to the effects of climate change, and they are a cause c?l?bre of many involved in climate science, politics and the media. Yet while small island developing states are much talked about, the production of both scientific knowledge and policies to protect the rights of these nations and their people has been remarkably slow.This book is the first to apply a critical approach to climate change science and policy processes in the South Pacific region. It shows how groups within politically and scientifically powerful countries appropriate the issue of island vulnerability in ways that do not do justice to the lives of island people. It argues that the ways in which islands and their inhabitants are represented in climate science and politics seldom leads to meaningful responses to assist them to adapt to climate change. Throughout, the authors focus on the hitherto largely ignored social impacts of climate change, and demonstrate that adaptation and mitigation policies cannot be effective without understanding the social systems and values of island societies.
This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.
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.
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.00With 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.
Ambitious in its scope and scale, this environmental history of World War II ranges over rear bases and operational fronts from Bora Bora to New Guinea, providing a lucid analysis of resource exploitation, entangled wartime politics, and human perceptions of the vast Oceanic environment. Although the war’s physical impact proved significant and oftentimes enduring, this study shows that the tropical environment offered its own challenges: Unfamiliar tides left landing craft stranded; unseen microbes carrying endemic diseases disabled thousands of troops. Weather, terrain, plants, animals—all played an active role as enemy or ally. At the heart of Natives and Exotics is the author’s analysis of the changing visions and perceptions of the environment, not only among the millions of combatants, but also among the Islands’ peoples and their colonial administrations in wartime and beyond. Judith Bennett reveals how prewar notions of a paradisiacal Pacific set up millions of Americans, Australians, New Zealanders, and Japanese for grave disappointment when they encountered the reality. She shows that objects usually considered distinct from environmental concerns (souvenirs, cemeteries, war memorials) warrant further examination as the emotional quintessence of events in a particular place. Among native people, wartime experiences and resource utilization induced a shift in environmental perceptions just as the postwar colonial agenda demanded increased diversification of the resource base. Bennett’s ability to reappraise such human perceptions and productions with an environmental lens is one of the unique qualities of this study. Impeccably researched, Natives and Exotics is essential reading for those interested in environmental history, Pacific studies, and a different kind of war story that has surprising relevance for today’s concerns with global warming.
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.
This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.
