Why do we Need a Pacific Regional Human Rights Commission?

This article discusses the need for a Pacific regional human rights mechanism. The author favours a regional human rights commission established by a Pacific human rights charter. The article canvasses previous attempts to set up a regional mechanism and explains why these initiatives failed. Advantages of a regional mechanism are explained, with an emphasis on the Pacific region's need for a common initiative. Finally, practical challenges and strategies involved in implementing a regional human rights mechanism are explored

The Virtual Sociality of Rights: The Case of Women\u27s Rights are Human Rights

This essay traces the relationship between activists and academics involved in the campaign for women\u27s rights as human rights as a case study of the relationship between different classes of what I call knowledge professionals self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of rights and a reimagination of rights as rights talk proved to be such fertile ground for academic scholarship did the same rights prove to be an equally fertile ground for activist networking and lobbying activities? The paper answers this question with respect to the work of self-reflexivity in creating a virtual sociality of rights

Constitutionalism and customary laws in Solomon Islands

Constitutionalism in Solomon Islands is dominated by the written Constitution, which imports a Westminster system and the common law tradition. However, as in other jurisdictions where customary communities are strong, constitutionalism involves more than state institutions and mechanisms. At independence, Solomon Islands proclaimed an allegiance to custom in its Constitution. As a consequence of this, and its colonial history, it has a plural legal system wherein State laws co-exist with customary laws. In this context, the challenge for the idea of constitutionalism may come not only from international developments, but also from the domestic sphere. This Chapter argues that, rather than being challenged by limits imposed at an international or supranational level, governmental power is being challenged by local initiatives designed to promote the authority of traditional leaders and the customary laws which they promulgate. It commences with some background on Solomon Islands and an overview of its systems of law and government to give context to the discussion. It then proceeds to explore the balance of relations in different spheres of positive law, both generally and in respect of judicial review, freedom of contract, and the hierarchy of norms. Discussion then moves to the dynamics of the relationship between different aspects of positive law. The place of international law in Solomon Islands, the approach of legal actors, resolution of conflicts and transconstitutional dialogue, and evolution of approach to constitutionalism and conflicting norms are considered. The last part of the chapter comments on the failure of legal reasoning and jurisprudence to evolve