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Author : Iutisone Salevao
Publisher : ANU E Press
Page : 212 pages
File Size : 32,82 MB
Release : 2005
Category : Law
ISBN :
Using the rule of law as a framework, this book recasts Western theories of law, good governance and development in a Pacific perspective.
Author : Anita Jowitt
Publisher : ANU E Press
Page : 378 pages
File Size : 22,26 MB
Release : 2010-11-01
Category : Political Science
ISBN : 1921666897
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.
Author : Zoe Fuhr
Publisher :
Page : 120 pages
File Size : 27,62 MB
Release : 2010
Category : Pacific Islands Forum
ISBN :
Author : Michael Zurn
Publisher : Cambridge University Press
Page : 401 pages
File Size : 50,42 MB
Release : 2012-06-18
Category : Law
ISBN : 1139510975
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Author : August Reinisch
Publisher : Oxford University Press
Page : 417 pages
File Size : 34,39 MB
Release : 2023-02-03
Category : Law
ISBN : 0192864580
This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.
Author : Michael A. Ntumy
Publisher : University of Hawaii Press
Page : 0 pages
File Size : 11,62 MB
Release : 1993-06-01
Category : Law
ISBN : 082481438X
A comprehensive reference providing an overview of the laws, legal structures, and governmental institutions of each of the nations and territories of the South and Central Pacific (Australia, New Zealand, and Hawaii are not considered directly because their systems have been sufficiently described
Author : Brian Christopher Jones
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 16,10 MB
Release : 2021-06-03
Category : Law
ISBN : 1509933980
This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.
Author : Siddharth Peter de Souza
Publisher : Cambridge University Press
Page : 288 pages
File Size : 50,8 MB
Release : 2022-09-30
Category : Law
ISBN : 1316514897
It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.
Author : Anna Dziedzic
Publisher : Bloomsbury Publishing
Page : 257 pages
File Size : 21,48 MB
Release : 2021-11-04
Category : Law
ISBN : 1509942874
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.
Author : Augusto Lopez-Claros
Publisher : Cambridge University Press
Page : 561 pages
File Size : 16,89 MB
Release : 2020-01-23
Category : Law
ISBN : 1108476961
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.