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Pacific Islands Legal Systems - LAWS8241
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740, 9230, 9211, 5211, 9231 or 5231.
 
 
Excluded: JURD7841, LAWS3541
 
 
CSS Contribution Charge:Band 1 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

An introduction to the merging legal systems of the Pacific Islands states, including issues of constitutional development, the recognition and application of customary law, modern and traditional legal institutions, land tenure regimes, personal law, and the legal recognition of economic activity, such as international trade, foreign investments and national resources projects. In addition to surveying the position of particular states, there will also be consideration of the nature and role of regional organisations, such as the South Pacific Forum and the Forum Fishing Agency. The course will be taught in conjunction with the Law Faculty of the University of the South Pacific at the Emalus Campus in Port Vila, Vanuatu so as to further expose students to a Pacific Islands legal system and its key features as well as deepening links between the UNSW Law Faculty and legal academics in the region. It will be taught in intensive mode over two weeks, and will include trips to local courts and law firms, as well as to contexts where customary law is observed. Students will have the option of staying on campus in student residences, or finding their own accommodation.

Recommended Prior Knowledge

none

Course Objectives

  • To provide students with the general knowledge of the legal systems of the Pacific Islands;
  • To introduce students to a basic working knowledge of some of the legal institutions and the legal culture of the Pacific Island;
  • To analyse current legal and policy questions that arise out of Australia-Pacific Island state relations such as asylum seeker settlement, climate change and natural resources regulation.

Learning Outcomes

A candidate who has successfully completed this course should be able to:
  • Understand key features of the Pacific Islands legal systems;
  • Knowledge of the detailed structure of at least 3 Pacific Islands systems of government;
  • A preliminary grasp of frameworks of private and commercial law in the region;
  • An appreciation of topical arguments in favour of and against various proposals for law reform in the region;
  • An ability to cogently discuss these concepts in a scholarly and persuasive manner;
  • An understanding of contemporary problems facing the more important legal systems of the region.

Main Topics

  • Legal systems of the Pacific Islands;
  • Legal institutions and the legal culture of the Pacific Island;
  • Current legal and policy questions that arise out of Australia-Pacific Island state relations such as asylum seeker settlement, climate change and natural resources regulation.

Assessment

Class participation/presentation 20%
Research essay 80%

Course Texts

to be advised

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.