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• 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)

• 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)

• 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)

• 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)

• Custom and the law / Norbert Rouland
• Legal adaptations to local sociological particularities / Guy Agniel
• Customary rules in New Caledonia / The Customary Council of the Territory of New Caledonia
• Customary rules in French Polynesia / Bruno Saura
• Custom and rules in Wallis and Futuna / Antonia Trouilhet-Tamole and Emeli Simete
• Custom and the magistrate : approach and practice in New Caledonia / Fote Troulue
• The magistrature and custom : questions and answers on approach and practice in New Caledonia / Bernard de gouttes
• Customary law and custom in Polynesian jurisprudence / René L. Calinaud and Camilia Domingo-Neti
• Customary legal proceedings in Wallis and Futuna / Oliver Aimot.

• Introduction / Christoph Adams
• Proposals for international criminal enforcement of intellectual property rights / Michael Blakeney
• The framework for IP rights enforcement in the EU / Thomas T. Jaeger
• Counterfeiting and piracy : removing incentives highlighting the UK experience / Louise Blakeney
• Legislative reform related to IP enforcement in Japan / Nahoko Ono
• Initiatives on IP enforcement beyond TRIPS : the anti-counterfeiting trade agreement and the International Medical Products Anti-Counterfeiting Task Force / Christoph Antons and Gabriel Garcia
• Through the lens of the TRIPS enforcement text and WIPO "internet" treaties : the possible shift to a creative economy in Southeast Asia / Michael Schlesinger
• The criminalisation of copyright law / Steven Gething and Brian Fitzgerald
• The tangled web of copyright enforcement on the web in Singapore / Yee Fen Lim
• The US-China dispute over TRIPS enforcement / Peter K. Yu
• IP law enforcement in China : think outside the box / Jianfu Chen
• Intellectual property enforcement in Vietnam : recent legal reforms / Viet D. Phan
• Intellectual property enforcement under TRIPS : the Philippine experience / Ferdinand Negre
• The intellectual property jurisdiction of the Indonesian Commercial Court / Christoph Adams.

• 1. Introduction
• 2. The Film Industries in Malaysia, Hong Kong and Australia in their Socio-legal Context
• 3. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Laws, Guidelines and Processes
• 4. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Key Issues
• 5. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Practitioners' Opinions and Experiences
• 6. Judicial Review of Film Censorship Decisions
• 7. Conclusion: Proposals for the Reform of the Malaysian Film Censorship System and Further Research.
• (source: Nielsen Book Data)

Film censorship has always been a controversial matter, particularly in jurisdictions with restrictive state-based censorship systems. This book reviews the film censorship system in the Asia-Pacific by comparing the systems used in Malaysia, Hong Kong and Australia. It identifies the key issues and concerns that arise from the design and implementation of the system by examining the censorship laws, policies, guidelines and processes. The book evaluates film practitioners' and censors' opinion of, and experience in, dealing with those issues, and goes on to develop reform proposals for the film censorship system.
(source: Nielsen Book Data)

• 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)