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• 1. The Nature of International Environmental Law.
• 2. International Organizations and International Environmental Law.
• 3. Regional Environmental Issues and Responses.
• 4. Conservation of Natural and Cultural Heritage.
• 5. Protection of Biological Diversity.
• 6. Protection of the Marine Environment.
• 7. Climate Change.
• 8. Trade-Related Environment Issues.
• 9. Subregional and State Responses.
• 10. Mekong Region.
• 11. China.
• 12. The ASEAN Region.
• 13. Southwest Pacific.
• 14. Australia and New Zealand.
• 15. Interaction between Global and Regional International Environmental Law.
• 16. Future of International and Regional Environmental Law in the Asia Pacific.
• (source: Nielsen Book Data)

The purpose of this book is to assess the development of international environmental law in the Asia Pacific. Consideration is given to the impact upon the region of global, regional and subregional environmental law. An assessment is undertaken of how certain states, and groups of states, have responded domestically and within their own subregions to these developments. The Asia Pacific is defined as essentially the states which comprise East and Southeast Asia, Australia, New Zealand and the island states of the Southwest Pacific. Occasional consideration is also given to the states of South and Central Asia. The book commences with an overview of international environmental law, the role of international organizations, and the development of regional environmental law. Consideration is then given to a number of prominent sectoral areas including heritage, biodiversity, marine environment, climate change, and the relationship between trade and the environment. A study is then undertaken of the influence of international environmental law in a number of states and subregions within the Asia Pacific.
(source: Nielsen Book Data)

• Introduction
• Pre-Action Considerations
• Courts
• Parties
• Initiating Proceedings
• Service
• Appearance, Acknowledgement of Service and Response
• Pleadings
• Interlocutory Proceedings
• Determination Without Trial
• Trial
• Costs
• Execution
• Appeal Procedure
• Conclusion.
• (source: Nielsen Book Data)

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.
(source: Nielsen Book Data)

• Courts
• Parties
• Commencing litigation
• Managing litigation
• Pleadings
• Determination without trial
• Protecting positions
• Gathering information
• ADR and promoting settlement
• Trial
• Litigation costs
• Execution
• Appeal procedure.

This book compares the conduct of civil cases in countries of the South Pacific. It 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, Solomon Islands, Tonga, Tuvalu and Vanuatu. An introductory chapter explains the origin of the rules and the factors that link and differentiate them. The preliminary considerations that should be weighed before proceedings are instituted are highlighted. In a separate chapter, the constitution and civil jurisdiction of the courts are explained. Legislative and case law developments are also discussed. The book also has a chapter on alternative ways of resolving civil disputes. The text describes recent changes to the rules and suggests further reforms that might be considered by South Pacific rule making bodies.The book is designed for use by legal practitioners and scholars interested in civil procedure in the South Pacific region. It is also of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.
(source: Nielsen Book Data)

• Introduction
• Formation of an Agreement
• Uncertain and incomplete agreements
• Intention to create legal relations
• Consideration
• Estoppel
• Privity of Contract
• Terms
• Formalities
• Incapacity
• Misrepresentation
• Duress, Undue Influence, and unconscionability
• Mistake
• Illegality
• Frustration
• Discharge by Agreement
• Discharge by Performance
• Termination for Breach
• Remedies
• E-Commerce.
• (source: Nielsen Book Data)

This book presents the general principles of contract law that apply in the countries of the University of the South Pacific ('USP') region, being 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.
(source: Nielsen Book Data)

• Foreword
• Preface
• Introduction
• Contract and customary laws
• Formation of an agreement
• Uncertain and incomplete agreements
• The intention to create legal relations
• Consideration
• Promissory estoppel
• Privity of contract
• Terms
• Formalities
• Incapacity
• Misrepresentations
• Duress, undue influence and unconscionability
• Mistake
• Illegality
• Frustration
• Discharge by agreement
• Discharge by performance
• Termination for breach
• Remedies

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.
(source: Nielsen Book Data)

• South Pacific law and jurisprudence
• State laws
• Customary law
• Constitutional law
• Administrative law
• Criminal law
• Family law
• Contract law
• Torts law
• Land law
• State courts.

"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"-- Provided by publisher.

• South Pacific Law and Jurisprudence
• Constituent Laws
• Local Laws
• Received Law
• Constitutional Law
• Administrative Law
• Criminal Law
• Contract Law
• Torts Law
• Land Law
• Hierarchy of the Courts
• Civil and Criminal Procedure.
• (source: Nielsen Book Data)

This book provides an overview of the law of 11 of the member countries of the University of the South Pacific region: Cook Islands, Fiji Islands, Kiribati, Nauru, Niue, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands, and Vanuatu. It aims to provide students, academics, and practitioners from within and outside the region with an introduction to South Pacific law, legal systems and jurisprudence. The text provides an overview of the origins and development of law and legal systems in the South Pacific. It sets out the framework of the legal systems of the region and looks at both introduced and local laws in operation, including customary law. The text also covers public and private law in force and highlights the distinguishing features of the substantive law in force in the South Pacific. The hierarchy of the courts and both civil and criminal procedure in the region are also covered. The book includes a glossary of relevant legal terms.This text is a unique combination of information, not only on legal systems generally, but also on substantive areas of law. Individual chapters are devoted to: Administrative Law, Constitutional Law, Contract Law, Criminal Law, Customary Law, Land Law and Tort Law. Extensive reference is made to legislative provisions of individual jurisdictions and cases decided by the courts of the region, many of which are unreported. It is, thus, an extremely useful resource for all interested in the law of the South Pacific Islands region.
(source: Nielsen Book Data)

• South Pacific law and jurisprudence
• State laws
• Customary law
• Constitutional law
• Administrative law
• Criminal law
• Family law
• Contract law
• Torts law
• Land law
• State courts.

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 system. 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.
(source: Nielsen Book Data)

• South Pacific law and jurisprudence
• State laws
• Customary law
• Constitutional law
• Administrative law
• Criminal law
• Family law
• Contract law
• Torts law
• Land law
• State courts.

• 1. Global Exception, Regional Norm I. Foreign Judges and Courts of Constitutional Jurisdiction II. An Underexplored Phenomenon III. An Overlooked Region IV. Methodology, Approach and Outline of the Argument
• 2. The Foreign Judges of the Pacific I. Introduction II. Methodology A. Defining a 'Foreign Judge' B. Scope of the Empirical Study C. Techniques of Data Collection III. Number and Proportion of Foreign Judges IV. Different Kinds of Judicial Service V. Who Serves as a Foreign Judge in the Pacific? A. Nationality B. Professional Background C. Gender D. The Significance of Identity and Background VI. Localisation A. Localisation in Papua New Guinea B. Localisation in Fiji C. Contributing Factors VII. Conclusion
• 3. The Regulation of Foreign Judges I. Introduction II. Selection and Appointment A. Formal Appointment Process B. Recruitment C. Qualifications and Selection Criteria D. Formalities and Restrictions in the Foreign Judge's Home State III. Remuneration A. Rates and Sources of Remuneration B. Analysis and Implications IV. Tenure A. Constitutional and Statutory Provisions B. Relationship between Contractual Terms and Formal Appointment C. Duration of Appointments D. Analysis and Implications V. Removal A. Non-renewal of Contract B. Invitations to Sit on Court of Appeal Cease C. Visa Cancellation D. Analysis and Implications VI. Conduct of Hearings A. Language B. Time C. Place VII. Conclusion
• 4. The Significance of Nationality I. Introduction II. Nationality, Citizenship and Foreignness III. Knowledge IV. Membership V. Identity VI. Conclusion
• 5. Constitutional Adjudication I. Introduction II. Two Dimensions of Knowledge III. Transnational Knowledge Reach A. Shared Sources of Law B. Legal Borrowing IV. Local Knowledge Gaps A. Custom B. Constitutional Interpretation V. The Role of Local Judges in Bridging the National and Transnational VI. Conclusion
• 6. Judicial Impartiality and Independence I. Introduction II. Assessing Judicial Impartiality and Independence A. Components B. Purpose C. Standards III. Impartiality IV. Independence A. Short Renewable Appointments B. Arbitrary Removal V. Conclusion
• 7. Representation I. Introduction II. How are Judges and Judiciaries Representative? III. Formal Representation: Authorisation and Accountability A. Selection and Appointment B. Oath of Office and Allegiance C. Accepting and Resigning Judicial Office D. Accountability IV. 'Acting for' Representation: What Guides Foreign Judges' Decisions? V. Descriptive Representation: Foreign Judges and a Reflective Judiciary A. Public Confidence B. External Audiences and the Sovereignty Paradox C. Internal Audiences and Legal Pluralism D. Accounting for Public Confidence in Foreign Judges VI. Conclusion
• 8. A Transnational Profession and Practice I. Introduction II. Rationale A. Transition B. Capacity Building C. Reputation D. Impartiality E. The Means and the Ends of Foreign Judging III. Legitimacy A. The Service Conception of Authority B. Democratic Legitimacy C. Tethering the Legitimacy of the Foreign Judge IV. Good Practice Initiatives A. Localisation B. Regionalisation C. Stability D. Judicial Independence E. Exchange of Knowledge V. Global Significance A. Globalisation B. Internationalisation C. Comparative Insights.
• (source: Nielsen Book Data)

This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.
(source: Nielsen Book Data)

• Introduction
• 1. The Region Of The Pacific
• 2. Rights and the Laws That Give Effect to Them
• 3. Theories and Approaches to Human Rights
• 4. Fundamental Rights and Questions of Property
• 5. Social Ordering: Custom and Equality
• 6. Freedom from Discrimination
• 7. Rights Advocacy and Enforcement
• 8. Taking Rights Forward.
• (source: Nielsen Book Data)

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.
(source: Nielsen Book Data)

• What is property law?
• Ownership
• Possession and occupation
• Special interests in property
• Management of property
• Use and enjoyment
• Acquisition of property
• Alienation of property
• Protection of property
• Resolving claims to property
• Remedies in property law.

This book is a treasury of law relating to many different types of property in the South Pacific region. This region is one of cultural diversity, economic development and strong tradition. While land remains of key significance, other forms of property, ranging from custom property to intellectual property, are also important. Encompassing the legal systems of over a dozen independent countries together with cross references to property law derived from the common law and customary law of Australia, New Zealand and North America, as well as the common law of England, the authors bring together a wealth of diverse and scattered sources to present a coherent picture of the law of property as it exists today. The book also offers some thoughts on the challenges and legal difficulties facing the region as its people and economies evolve.
(source: Nielsen Book Data)