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Book
xv, 60 pages ; 26 cm.
  • Introduction and scope
  • Before setting sail
  • Origins
  • Strategies for filling the gaps of protectorate and colonial documentation
  • Post independence sources of law
  • Review of resources.
"The Pacific region holds a cluster emerging nations that are attempting to reconcile a British-styled legal system with indigenous customary law. This union often creates conflict especially in areas of criminal law, human rights, family law, hereditary rights and property law. This guide provides a framework to support historical and current research on the legal systems of Pacific island nations which were under control of the British High Commissioner of the Western Pacific prior to their independence in the latter half of the 20th century: Kiribati, Solomon Islands, Tonga, Tuvalu, and Vanuatu. Parts I and II highlight difficulties researching these legal systems and suggests solutions. Part III reviews the legal history of the former British dependencies including the roles of prerogative instruments, British Parliamentary laws, localized legislation, and case law. Part IV provides strategies to fill gaps in documentation. Part V assesses research tools in the current legal system. The guide concludes with an appendix of primary resources for both pre-independence and post-independence legal authority."-- Provided by publisher.
Law Library (Crown)
Book
xcix, 440 pages ; 24 cm
  • South Pacific law and jurisprudence
  • State laws
  • Customary law
  • Constitutional law
  • Administrative law
  • Criminal law
  • Family law
  • Contract law
  • Torts law
  • Land law
  • State courts.
The only book of its kind, Introduction to South Pacific Law provides an overview of law in the South Pacific. It sets out the framework of South Pacific legal systems and also describes the substantive law on a broad range of topics.Examining both state laws and customary law, the book highlights common patterns and explains some of the principal differences between the laws and legal systems of the countries of the region.The introductory chapter looks at the development of South Pacific law and at South Pacific jurisprudence. Individual chapters are devoted to state laws, customary law, constitutional law, administrative law, criminal law, family law, contract law, torts law, land law, and court system. The book makes extensive reference to legislative provisions and case law of individual jurisdictions.Including a discussion of recent changes in the law, this new edition of Introduction to South Pacific Law is a useful and up-to-date resource for all those interested in the law of the region.
(source: Nielsen Book Data)9781780684123 20170502
Law Library (Crown)
Book
x, 526 pages : illustrations ; 25 cm.
  • Introduction: Trade policies in the post-TPP era / Julien Chaisse, Henry Gao, and Chang-fa Lo
  • The coherent fragmentation of international economic law : lessons from the Transpacific Partnership Agreement / Colin B. Picker
  • On creating negotiation rounds similar to multilateral regimes for the TPP for its further improvement / Chang-fa Lo
  • TPP trade remedy system : development or divergence from the WTO? / Dukgeun Ahn and Ji Yeong Yoo
  • Rules of origin in the Trans-Pacific Partnership / Margaret Liang
  • Dispute settlement in the TPP and the WTO : which way will Asian TPP members turn? / Lisa Toohey
  • Friends with benefits? : amicus curiae in the TPP investor-state dispute settlement mechanism / Fernando Dias Simões
  • Investment arbitration under mega-regional free trade agreements : a 21st century model / Mark Feldman
  • Market access for goods in the TPP : the good, the bad, and the ugly / Deborah Kay Elms
  • Competition chapter in the Trans-Pacific Partnership Agreement : developing a template for a multilateral framework / Ma. Joy V. Abrenica and Johannes Bernabe
  • State-owned enterprises in the TPP Agreement / Mitsuo Matsushita
  • Anti-corruption provisions in the TPP : innovation, effectiveness and prospects / Chang-fa Lo
  • TPP promoting financial services as an investment playground : crystallizing a change in approach from GATS? / Antoine P. Martin and Bryan Mercurio
  • WTO to the TPP : evolution of environmental provisions in trade agreements / R.V. Anuradha
  • Enhancing labour protection through TPP labour and investment chapters / Tsai-Yu Lin
  • TPP's coup de grâce : how the trademark system prevailed as geographical indication system / Danny Friedmann
  • The differences between China's recent FTA and the TPP : a case study of the China-Korea FTA / Heng Wang
  • Government procurement in TPP and its implications for China's GPA accession negotiation / Xinquan Tu and Na Sun
  • The TPP and government procurement in Malaysia / Haniff Ahamat and Nasarudin Abdul Rahman
  • The regulation of digital trade in the TPP : trade rules for the digital age / Henry Gao
  • Data protection in the TPP : more emphasis on the "use" than the "protection" / Nohyoung Park
  • Digital copyright in the TPP / Jyh-An Lee
  • The TPP and the digital economy : the Agreement's potential as a benchmark for future rule-making / Simon Lacey
  • Mega-FTAs and plurilateral trade agreements : implications for the Asia-Pacific / Meredith Kolsky Lewis
  • Accession to TPP : veto power and "opt-out" option / Shintaro Hamanaka
  • Memento mori : membership issues surrounding entry into, modification of, and withdrawal from the TPP / Tomohiko Kobayashi
  • How far can Indonesia go? : utilizing TSIA on the would-be TPP impact for Indonesia / Riza N. Arfani and Poppy S. Winanti
  • Picking the right alternative : should India participate in TPP instead of RCEP? / Debashis Chakraborty.
The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a "new paradigm" as the "21st-Century Trade Agreement" and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.
(source: Nielsen Book Data)9789811067303 20180430
Law Library (Crown)
Book
lxxxi, 397 pages : illustrations ; 24 cm
  • Courts
  • Parties
  • Commencing litigation
  • Managing litigation
  • Pleadings
  • Determination without trial
  • Protecting positions
  • Gathering information
  • ADR and promoting settlement
  • Trial
  • Litigation costs
  • Execution
  • Appeal procedure.
This book compares the conduct of civil cases in countries of the South Pacific. It explains the practical application of civil procedures in the context of the courts in which they operate. The text focuses on the rules that apply in the superior courts of Fiji, Kiribati, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. An introductory chapter explains the origin of the rules and the factors that link and differentiate them. The preliminary considerations that should be weighed before proceedings are instituted are highlighted. In a separate chapter, the constitution and civil jurisdiction of the courts are explained. Legislative and case law developments are also discussed. The book also has a chapter on alternative ways of resolving civil disputes. The text describes recent changes to the rules and suggests further reforms that might be considered by South Pacific rule making bodies.The book is designed for use by legal practitioners and scholars interested in civil procedure in the South Pacific region. It is also of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.
(source: Nielsen Book Data)9781780682808 20170220
Law Library (Crown)
Book
viii, 438 pages ; 25 cm.
  • Introduction: IP and the Asia-Pacific 'spaghetti bowl' of free trade agreements / Christoph Antons and Teto M. Hilty
  • An overview of free trade agreements in the Asia-Pacific region with a particular focus on intellectual property / Christoph Antons and Dilan Thampapillai
  • Legal effects and policy considerations for free trade agreements: what is wong with FTAs? / Reto M. Hilty and Thomas Jaeger
  • What drives regionalism in East Africa--and why it matters / John Ravenhill
  • The topology of ASEAN FTAs, with special reference to IP-related provisions / Thitapha Wattanapruttipaisan
  • Linking trade, intellectual property and investment in the globalizing economy: the interrelated roles of FTAs, IP and the United States / Robert E. Lutz
  • The EU approach to IP protection in partnership agreements / Thomas Jaeger
  • Japan's approach to FTAs and IP / Nahoko Ono
  • Sinic trade agreements and China's global intellectual property strategy / Peter K. Yu
  • The governance of patents and pharmaceuticals: the regional FTA contribution / Christopher Arup
  • Limits of free trade agreements: the New Zealand/Australia experience / Susy Frankel and Megan Richardson
  • IP and FTAs in Singapore: ten years on / Wee Loon Ng-Loy
  • KORUS FTA and copyright protection in Korea / Dae-Hee Lee
  • Free trade agreements and the effects of existing agreements on Malaysian intellectual property laws / Heng Gee Lim.
This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President's fast-track negotiation authority. The book will provide an assessment of these dynamics in the world's fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and 'second tier industrializing economies' such as Thailand, Malaysia and Indonesia.
(source: Nielsen Book Data)9783642308871 20160618
Law Library (Crown)
Book
xxiv, 208 pages ; 24 cm.
  • 1. Introduction 2. The Film Industries in Malaysia, Hong Kong and Australia in their Socio-legal Context 3. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Laws, Guidelines and Processes 4. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Key Issues 5. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Practitioners' Opinions and Experiences 6. Judicial Review of Film Censorship Decisions 7. Conclusion: Proposals for the Reform of the Malaysian Film Censorship System and Further Research.
  • (source: Nielsen Book Data)9781138950412 20160618
Film censorship has always been a controversial matter, particularly in jurisdictions with restrictive state-based censorship systems. This book reviews the film censorship system in the Asia-Pacific by comparing the systems used in Malaysia, Hong Kong and Australia. It identifies the key issues and concerns that arise from the design and implementation of the system by examining the censorship laws, policies, guidelines and processes. The book evaluates film practitioners' and censors' opinion of, and experience in, dealing with those issues, and goes on to develop reform proposals for the film censorship system.
(source: Nielsen Book Data)9781138950412 20160618
Law Library (Crown)
Book
94 pages ; 29 cm
  • General law-making powers
  • Legislative procedure
  • Purposive rule
  • Read in context
  • Aids to interpretation
  • Meaning of words of phrases
  • Penal statute
  • Amendments
  • Repeals
  • Subordinate legislative enactments
  • Gender and number
  • Retrospectivity
  • Computation of time and distance.
Law Library (Crown)
Book
viii, 85 pages ; 24 cm.
  • Foreword Preface Abbreviations and acronyms 1. Introduction 1.1 Rationale 1.2 Project goals 1.3 Methodology 2. Context 2.1 Regional overview 2.2 Decentralisation 2.3 Issues in local governance 2.4 Local government and civil society 2.5 Local government and traditional governance 2.6 The urban challenge 2.7 Local government finance 2.8 Central-local relations 3. Current Legislative Frameworks 3.1 Defining local government 3.2 Country systems 3.2.1 Cook Islands 3.2.2 Fiji 3.2.3 Kiribati 3.2.4 Papua New Guinea 3.2.5 Samoa 3.2.6 Solomon Islands 3.2.7 Tonga 3.2.8 Tuvalu 3.2.9 Vanuatu 4. Towards Principles for Effective Legislation 4.1 Sources and ideas 4.2 A 'menu' of principles 5. Case Study: Fiji 5.1 Context 5.2 System of local government 5.2.1 Local government structures 5.2.2 Role and functions 5.2.3 Oversight and scrutiny 5.2.4 Inter-government relations 5.3 Agendas for reform: the 2006 amendments 5.4 Agendas for reform: the 2008 review 5.5 Lessons for effective legislation 6. Case Study: Honiara City Council 6.1 Context 6.2 Establishment and operation of the city council 6.3 Review of the Honiara City Act 6.4 Town planning and building control 6.5 Lessons for effective legislation 7. Case Study: Samoa 7.1 Context 7.2 System of local government 7.3 Traditional village governance 7.3.1 Forces for change 7.4 Urban governance 7.5 Emerging agendas 7.5.1 Ministry capacity building 7.5.2 Samoa Village Governance Strengthening Project 7.5.3 Vaitele pilot study 7.6 Lessons for effective legislation 8. Synthesis and Conclusions 8.1 Lessons from the case studies 8.1.1 Clear role definition 8.1.2 Democracy and representativeness 8.1.3 Social context 8.1.4 Integrating systems 8.1.5 Urban growth management 8.1.6 Resources 8.1.7 Capacity for oversight and support 8.1.8 Inter-government relations 8.1.9 Local government and traditional governance 8.2 The limits to legislation 8.3 Ten key principles Notes References and bibliography.
  • (source: Nielsen Book Data)9781849290890 20160612
Across the Pacific local councils take a variety of different forms, ranging from traditional village structures to fully-fledged municipalities. Whatever form local government takes, an appropriate legislative and regulatory framework is essential to ensure that councils can effectively address the needs of their communities. This study is designed to help Pacific island countries review and strengthen their existing frameworks. It begins by examining legislation and systems across a range of countries and institutional settings, identifying examples of best practice and areas for improvement. It then presents case studies of three very different legislative frameworks: Fiji, Solomon Islands and Samoa. In the conclusion, the findings are consolidated into ten key principles for effective legislation: fit for purpose; democracy and representation; local empowerment; probity; oversight and support; capacity and sustainability; efficiency, effectiveness and equity; community engagement; inter-government co-operation; clarity and consistency. This is an authoritative piece of research that will be extremely valuable to local government practitioners in the Pacific and beyond.
(source: Nielsen Book Data)9781849290890 20160612
Green Library
Book
xiii, 252 pages : illustrations, map ; 24 cm.
  • Shifting powers : protection of refugees and displaced persons in the Asia Pacific Region / Angus Francis and Rowena Maguire
  • Responsibility, regionalism and refugees : what lessons for Australia? / Angus Francis and Rowena Maguire
  • Civil society and the fight for refugee rights in the Asia Pacific Region / Savitri Taylor
  • The search for protection in Southeast Asia / Taya Hunt and Nikola Errington
  • Refugee protection in China : the issue of citizenship and potential solutions / Liang Shuying
  • Prospects for refugee rights in Hong Kong : towards the legalization and expansion of protection from refoulement / Kelley Loper
  • Migration and the refugee regime in Malaysia : implications for a regional solution / Amarjit Kaur
  • Challenges and opportunities in respecting international refugee law in Indonesia / Bhatara Ibnu Reza
  • Irregular migration, refugee protection and the "Malaysian solution" / Peter Billings and Anthony Cassimatis with Marissa Dooris
  • Revisiting the concept of protection in international refugee law : implications of the protracted refugee situation on the Thai-Myanmar border / Akikio Okudaira and Hitoshi Nasu
  • Internally displaced persons in Northern Thailand : involuntary relocation and the need for regulation / Photchanat Intaramanon
  • The international regulation of persons displaced by climate change / Rowena Maguire and Louise Kruger
  • Conceptualising climate-induced displacement in Bangladesh / Mostafa Mahmud Naser.
The chapters in this book explore the impact of recent shifts in global and regional power and the subsequent development and enforcement of international refugee protection standards in the Asia Pacific region. Drawing on their expertise across a number of jurisdictions, the contributors assess the challenges confronting the implementation of international law in the region, as well as new opportunities for extending protection norms into national and regional dialogues. The case studies span key jurisdictions across the region and include a comparative analysis with China, Indonesia, Thailand, Myanmar, Malaysia, Bangladesh and Australia. This topical and important book raises critical questions for the Asia Pacific region and sheds light on the challenges confronting the protection of refugees and displaced persons in this area. Interdisciplinary in its approach, it will be of interest to academics, researchers, students and policy-makers concerned with the rights and protection of refugees.
(source: Nielsen Book Data)9781409455417 20160612
Law Library (Crown)
Book
xiv, 279 pages : illustrations ; 25 cm
  • Introduction: National regulatory autonomy and the Trans-Pacific Partnership Agreement / Tania Voon
  • Coping with proliferating preferential rules of origin and the TPP's role in their harmonisation / Won-Mog Choi
  • The Trans-Pacific Partnership Agreement and development / Meredith Kolsky Lewis
  • The TPP as a case study of changing dynamics for international intellectual property negotiations / Kimberlee Weatherall
  • Plain packaging for the Pacific Rim : tobacco control and the Trans-Pacific Partnership / Matthew Rimmer
  • Agriculture and the Trans-Pacific Partnership negotiations / Deborah Elms
  • Services in the TPP : a case study of telecommunications / Danny Kotlowitz and Tania Voon
  • State-state dispute settlement under the Trans-Pacific Partnership Agreement / Leon E. Trakman
  • The Trans-Pacific Partnership Agreement, the environment and climate change / Joshua P. Meltzer
  • The Trans-Pacific Partnership Agreement and regulatory coherence / Rodrigo Polanco.
This book provides a detailed analysis of major legal and public policy issues arising from the Trans-Pacific Partnership Agreement (TPP) - a treaty that will dramatically change the landscape of international trade, with effects that will be felt on a global scale. Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as development, health and the environment, as well as more specific areas such as agriculture and services, and controversial questions of intellectual property, investment and dispute settlement under the agreement. With an analytical focus on broad principles and enduring issues arising from the TPP, this informative book will appeal to academics, government advisors, NGOs, and students of law, economics, and international relations. Legal practitioners will also find much of interest in this book.
(source: Nielsen Book Data)9781782546771 20160612
Law Library (Crown)
Book
xvii, 337 p. ; 23 cm.
  • What is "high-quality, twenty-first century" anyway? / C.L. Lim, Deborah Elms, and Patrick Low
  • An overview and snapshot of the TPP negotiations / Deborah Elms and C.L. Lim
  • US PTAS : what's been done and what it means for the TPP negotiations / Jeffrey J. Schott and Julia Muir
  • From the P4 to the TPP : transplantation or transformation? / Henry Gao
  • Incorporating development among diverse members / Joel Trachtman
  • Negotiations over market access in goods / Deborah Elms
  • TPP negotiations : rules of origin / Margaret Liang
  • Trade in services / Stuart Harbinson and Aik Hoe Lim
  • TPP Agreement : towards innovations in investment rule-making / Julien Chaisse
  • The intellectual property chapter in the Trans-Pacific Partnership / Susy Frankel
  • Regulatory coherence in the Trans-Pacific Partnership talks / Thomas J. Bollyky
  • Environmental issues in the Trans-Pacific Partnership / Jeffrey J. Schott and Julia Muir
  • Labour standards and the TPP / Kimberly Ann Elliott
  • What is to be done with export restrictions? / C.L. Lim
  • Achieving a free trade agreement of the Asia-Pacific : does the TPP present the most attractive path? / Meredith Kolsky Lewis
  • APEC and TPP : are they mutually reinforcing? / Carlos Kuriyama
  • Coping with multiple uncertainties : Latin America in the TPP negotiations / Sebastian Herreros
  • The TPP : multilateralizing regionalism or the securization of trade policy? / Ann Capling and John Ravenhill
  • The TPP in a multilateral world / Patrick Low
  • Conclusions / C.L. Lim, Deborah Elms and Patrick Low.
The Trans-Pacific Partnership (TPP) talks attempt to link together at least nine countries in three continents to create a 'high-quality, twenty-first century agreement'. Such an agreement is intended to open markets to competition between the partners more than ever before in sectors ranging from goods and services to investment, and includes rigorous rules in the fields of intellectual property, labour protection and environmental conservation. The TPP also aims to improve regulatory coherence, enhance production supply chains and help boost small and medium-sized enterprises. It could transform relations with regions such as Latin America, paving the way to an eventual Free Trade Area of the Asia Pacific, or see innovations translated into the global trade regulatory system operating under the WTO. However, given the tensions between strategic and economic concerns, the final deal could still collapse into something closer to a standard, 'twentieth-century' trade agreement.
(source: Nielsen Book Data)9781107612426 20160610
Law Library (Crown)
Book
xvii, 337 p. : ill.
Book
xix, 382 pages : illustrations ; 25 cm.
  • Introduction / Christoph Adams
  • Proposals for international criminal enforcement of intellectual property rights / Michael Blakeney
  • The framework for IP rights enforcement in the EU / Thomas T. Jaeger
  • Counterfeiting and piracy : removing incentives highlighting the UK experience / Louise Blakeney
  • Legislative reform related to IP enforcement in Japan / Nahoko Ono
  • Initiatives on IP enforcement beyond TRIPS : the anti-counterfeiting trade agreement and the International Medical Products Anti-Counterfeiting Task Force / Christoph Antons and Gabriel Garcia
  • Through the lens of the TRIPS enforcement text and WIPO "internet" treaties : the possible shift to a creative economy in Southeast Asia / Michael Schlesinger
  • The criminalisation of copyright law / Steven Gething and Brian Fitzgerald
  • The tangled web of copyright enforcement on the web in Singapore / Yee Fen Lim
  • The US-China dispute over TRIPS enforcement / Peter K. Yu
  • IP law enforcement in China : think outside the box / Jianfu Chen
  • Intellectual property enforcement in Vietnam : recent legal reforms / Viet D. Phan
  • Intellectual property enforcement under TRIPS : the Philippine experience / Ferdinand Negre
  • The intellectual property jurisdiction of the Indonesian Commercial Court / Christoph Adams.
Law Library (Crown)
Book
lxiii, 381 p. ; 25 cm.
  • South Pacific law and jurisprudence
  • State laws
  • Customary law
  • Constitutional law
  • Administrative law
  • Criminal law
  • Family law
  • Contract law
  • Torts law
  • Land law
  • State courts.
Law Library (Crown)
Book
xxv, 337 p. ; 24 cm.
  • Introduction 1. The Region Of The Pacific 2. Rights and the Laws That Give Effect to Them 3. Theories and Approaches to Human Rights 4. Fundamental Rights and Questions of Property 5. Social Ordering: Custom and Equality 6. Freedom from Discrimination 7. Rights Advocacy and Enforcement 8. Taking Rights Forward.
  • (source: Nielsen Book Data)9781844721092 20160528
This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of the common law - where the legal systems are complex and perceptions of rights varies widely. Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change.The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people. "Human Rights in the South Pacific" will appeal to anyone interested in the region or in human rights including international rights advocates, investors and developers, policy makers, representatives of government and civic society and those wishing to acquire a better understanding of what countries emerging from colonial rule face in developing but still retaining their identity.
(source: Nielsen Book Data)9781844721092 20160528
Law Library (Crown)
Book
xx, 394 p. : ill. ; 25 cm.
  • The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
  • How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
  • Protection of traditional knowledge by geographical indications / Michael Blakeney
  • An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
  • The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
  • Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
  • Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
  • 'Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
  • Indigenous heritage and the digital commons / Eric Kansa
  • Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
  • Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
  • The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
  • Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
  • The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
  • Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.
Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: - the concept of 'farmers' rights'; - biodiscovery and bioprospecting; - traditional knowledge as a commodity; - encounters between different legalities; - geographical indications; - registration requirements; - sanctions, remedies, and dispute resolution mechanisms; - the ongoing fragmentation and loss of traditional knowledge; and - systems of data collection. The authors provide practical proposals for solutions and models as well as empirical studies of their implementation in various countries. Given the scope for conflict about the merits of various definitions of the subject matter and the circle of beneficiaries, this book will be of great interest to intellectual property lawyers, representatives of indigenous/local communities and NGOs, policy makers at all levels, and students of comparative and international intellectual property law and of law and development.
(source: Nielsen Book Data)9789041127211 20160528
Law Library (Crown)
Book
lxvii, 342 p. : forms ; 24 cm.
  • Introduction-- Pre-Action Considerations-- Courts-- Parties-- Initiating Proceedings-- Service-- Appearance, Acknowledgement of Service and Response-- Pleadings-- Interlocutory Proceedings-- Determination Without Trial-- Trial-- Costs-- Execution-- Appeal Procedure-- Conclusion.
  • (source: Nielsen Book Data)9781859417195 20160528
The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific region, and explains their practical application in the context of the courts in which they operate. The text focuses on the rules that apply and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu and Solomon Islands, and the rules that apply in the superior courts of the Fiji Islands, Samoa and Tonga. It also fully discusses the new rules of civil procedure that are currently being introduced in Vanatu. The text describes recent changes to regional civil procedure rules and suggests further reforms. Legislative and case law developments are also discussed. This book is designed for use by legal practitioners and anyone interested in civil procedure in the South Pacific region. It will also be of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.
(source: Nielsen Book Data)9781859417195 20160528
Law Library (Crown)
Book
xli, 300 p. ; 24 cm.
  • What is property law?
  • Ownership
  • Possession and occupation
  • Special interests in property
  • Management of property
  • Use and enjoyment
  • Acquisition of property
  • Alienation of property
  • Protection of property
  • Resolving claims to property
  • Remedies in property law.
This book is a treasury of law relating to many different types of property in the South Pacific region. This region is one of cultural diversity, economic development and strong tradition. While land remains of key significance, other forms of property, ranging from custom property to intellectual property, are also important. Encompassing the legal systems of over a dozen independent countries together with cross references to property law derived from the common law and customary law of Australia, New Zealand and North America, as well as the common law of England, the authors bring together a wealth of diverse and scattered sources to present a coherent picture of the law of property as it exists today. The book also offers some thoughts on the challenges and legal difficulties facing the region as its people and economies evolve.
(source: Nielsen Book Data)9781859416600 20160528
Law Library (Crown)
Book
vi, 70 p. ; 24 cm.
Law Library (Crown)