Course

Pacific Islands Legal Systems - JURD7841

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS3541, LAWS8241

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course will introduce students to the legal systems of the Pacific region, and to some specific areas of Pacific law. Pacific Island laws and legal systems are still works in progress as most states have gained independence only in recent years and students will study many of the issues arising in these developing legal systems, including issues of history and politics, constitutional development, recognition and application of customary law, land tenure regimes, and regional engagement between states, and with outside bodies. Additional specific topics may be covered depending on the interests of teachers and students.

As the course will be taught on location in Vanuatu, students will gain direct exposure to the key features of a Pacific Island legal system in its own environment. In addition, the location will allow field trips to important legal institutions, such as courts, parliament, government departments, and NGOs. This will greatly help students to appreciate some of the difficulties faced by developing legal systems, and to appreciate how and why these laws and legal systems are developing in the way they are. Students will also be exposed to the culture and way of life of the South Pacific, and will have an opportunity to meet and mix with USP students and staff at organized social functions.

Course Objectives

  • To provide students with a general knowledge of the legal systems of the Pacific Islands;
  • To provide students with a general knowledge of one or more areas of law of particular relevance to the Pacific Islands;
  • To provide students with a basic working knowledge of some of the legal cultures and legal institutions of the Pacific Islands;
  • To make students aware of a variety of legal and policy issues currently facing Pacific Island states.

Learning Outcomes

A candidate who has successfully completed this course should be able to:
  • Describe some of the key features of Pacific Islands legal systems generally;
  • Describe the issues arising in at least one area of Pacific Islands law;
  • Understand various problems currently facing the region;
  • Appreciate arguments for and against various proposals for law reform in the region; and
  • Cogently discuss, orally and in writing, and in a scholarly and persuasive manner, the above ideas and concepts.

Main Topics

  • History and development of Pacific Island legal systems;
  • Current legal systems of Pacific Island countries;
  • Legal institutions and the legal culture of the Pacific Islands;
  • Current issues of law and policy facing Pacific Island states.

Assessment

Assessment will include both participation and written work.
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