Contract law – The South Pacific: customary and introduced law

The author examines the practical effect of the combined influence of customary and introduced common laws on the law of contract operating in the South Pacific – particularly the twelve island countries within the region with membership of the “University of the South Pacific” (USP). Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London

Democratic Fundamentals in the Solomon Islands: Guadalcanal Provincial Assembly v The Speaker of National Parliament

This article is a case note of Guadalcanal Provincial Assembly v The Speaker of National Parliament and the Minister for Provincial Government unreported, High Court, Solomon Islands, cc 309/96, 26 February 1997. The decision is a constitutional law case from the Solomon Islands filed by the applicant in response to the passing of the Provincial Government Act 1996. The author first introduces the political framework of the Solomon Islands, and then discusses the decision itself. The author then comments on the decision: first on the interpretation of the Constitution of the Solomon Islands, secondly on the role of Chiefs and Elders, and finally on the changes in the bench.&nbsp

Rationality or Intuition? - The Assessment of the Quantum of Damages for Personal injuries in Solomon Islands

The development of a Pacific islands jurisprudence is considered in this article in the specific context of six recent judgments of Solomon Islands' courts, which dealt with the rules relating to the assessment of damages for personal injury. The discussion of the issues and the rules enunciated by courts is of social and economic interest, not only as a matter of Solomon Islands' law but also for its value for other small Pacific states where similar issues are having to be resolved

More on Democratic Fundamentals in Solomon Islands: Minister for Provincial Government v Guadalcanal Provincial Assembly

In 1997 the High Court of Solomon Islands delivered its decision in Guadalcanal Provincial Assembly v The Speaker of National Parliament, 1 declaring void the Provincial Government Act 1996, 2 on the basis that several parts of that measure were unconstitutional. That decision was considered 3 and criticised 4 in an earlier article. The Court of Appeal allowed an appeal against that judgment. This paper examines the Court of Appeal's decision and comments on its significance for Solomon Islands and the South Pacific region generally. In particular, it considers the extent of state legislative power, the role of a preamble, and the human rights implications for women

Solomon Islands

When the South Pacific Forum held its first meeting in 1971 only seven member states participated – New Zealand, Australia, Fiji, Samoa, Tonga, Nauru and the Cook Islands. Today this organisation, now known as the Pacific Islands Forum and no longer confined to the ‘South Pacific’, includes 16 member states as well as a handful of associate member and observer member countries and organisations. At the same time, the literature on the politics of the Pacific Islands remains much slimmer than for other regions. This book redresses the balance by providing the kind of information for the Pacific that is readily available for nations in other parts of the globe. It provides expert chapters examining the politics of each Pacific Island state and territory, discussing its historical background and colonial experience, its constitutional framework, political institutions, political parties, elections and electoral systems, and problems and prospects. The book is comprehensive, covering all regions – Polynesia, Melanesia and Micronesia – and all countries, irrespective of their size or political status. The states and territories covered range in size from Australia and Papua New Guinea to the tiny islands of Tokelau, Rapa Nui (Easter Island) and Pitcairn. The independent countries discussed include Australia and New Zealand; Papua New Guinea, Solomon Islands, Vanuatu and Fiji; Tonga, Samoa and Tuvalu; Niue and the Cook Islands, self-governing ‘in free association’ with New Zealand; Federated States of Micronesia, Marshall Islands and Palau (Belau), independent ‘in free association’ with the United States; Kiribati and Nauru. [from publisher's website

Negotiating the constitutional conundrum: Balancing cultural identity with principles of gender equality in post-colonial South Pacific societies

One of the most significant challenges currently facing the island states of the southwest Pacific is that of dealing with the competing claims of customary norms and rules on the one hand and contemporary international human rights on the other. Some commentators have assumed these goals to be complementary, a stance which ignores the fundamentally different values involved. Nowhere is the conflict between customary law and human rights more relevantly illustrated than in the area of gender equality. This paper looks at a small sample of South Pacific cases highlighting this conflict and at the way in which the competing norms have been balanced by the courts. The paper considers the constitutional conundrum facing South Pacific nations with a constitutional mandate to preserve a unique cultural identity, which involves a conservative manifesto, whilst upholding human rights agendas developed in a very different context. The dichotomy linking tradition with subjugation and Westernization with freedom and equality is also brought into question