Статті в журналах: "Pacific law"

1

Care, Jennifer Corrin. "South Pacific Law Materials Bibliography." Legal Reference Services Quarterly 24, no. 1-2 (June 21, 2005): 121–79. http://dx.doi.org/10.1300/j113v24n01_05.

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2

Angelo, A. H., and J. Goldring. "The Study of Law at the University of the South Pacific." Victoria University of Wellington Law Review 24, no. 1 (February 1, 1994): 103–10. http://dx.doi.org/10.26686/vuwlr.v24i1.6247.

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A number of developments of interest to the countries of the South Pacific took place at the University of the South Pacific in the 1990s. In this article, two lawyers who have had some involvement with those developments provide a brief report on what happened. The article first covers the background and history of the University, the development of law programmes in the University (including the introduction of the LLB degree in 1994), and future developments for the University's law programme on the horizon. This article also includes an appendix which includes the University of the South Pacific's LLB degree curriculum as at 1994.

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3

Angelo, A. H. "Book Review: South Pacific Property Law." Victoria University of Wellington Law Review 36, no. 2 (August 1, 2005): 469. http://dx.doi.org/10.26686/vuwlr.v36i2.5596.

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This article is a book review of Sue Farran and Don Paterson South Pacific Property Law (Cavendish Publishing, London, 2004) (300 + xli pages) NZ$95. The book is part of a series of books which has been produced by the staff of the Law School of the University of South Pacific. Property law is diverse and continually changing, and there is a paucity of accessible information about the property law in the South Pacific. As the subject matter has broad coverage, and because of the difficulty of access to the law in most Pacific jurisdictions, Angelo notes that the authors will not have specific knowledge of all the laws in the field. However, Angelo ultimately concludes that the book is a treasury of property law material and a full text which will be of value as a point of reference and starting point for research.

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4

Bui, Ngoc Son. "Global constitutionalism: Asia-Pacific perspectives." Global Constitutionalism 10, no. 2 (July 2021): 221–36. http://dx.doi.org/10.1017/s2045381720000374.

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AbstractThis special issue of Global Constitutionalism discusses how global constitutionalism influences Asia-Pacific jurisdictions and how they respond. This introductory article presents the theme and structure of this issue, explains the Asia-Pacific’s unique contribution to global constitutionalism and offers a synthetic argument. It conceptualizes global constitutionalism as the global diffusion of common constitutional ideas, institutions and doctrines rooted in comparative constitutional law and public international law. On that base, it argues that constitutional design, adjudication and discourse in many Asia-Pacific jurisdictions are influenced by global constitutionalism. The influence results in not only convergence but also resistance to global constitutionalism in the regions. The regional experience presents critical challenges for global constitutionalism, and hence its effective operation significantly depends on its situation within the region’s axiological, institutional and social contexts.

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5

Paterson, D. E. "South pacific customary law and common law: Their interrelationship." Commonwealth Law Bulletin 21, no. 2 (April 1995): 660–71. http://dx.doi.org/10.1080/03050718.1995.9986418.

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6

Farran, Sue, and Alexander Su'a. "Criminal law andFa'afafineandFakaleitiin the South Pacific." Commonwealth Law Bulletin 31, no. 1 (January 2005): 19–31. http://dx.doi.org/10.1080/03050718.2005.9986663.

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7

Potter, Pitman B., and Philip S. C. Lewis. "Law and Technology in the Pacific Community." Pacific Affairs 69, no. 4 (1996): 561. http://dx.doi.org/10.2307/2761190.

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8

Slade, Neroni. "Law officers in the Pacific Island States." Commonwealth Law Bulletin 14, no. 4 (October 1988): 1433–44. http://dx.doi.org/10.1080/03050718.1988.9985997.

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9

Rishworth, Paul. "Introduction to South Pacific law (4th edition),." Asia Pacific Law Review 27, no. 1 (January 2, 2019): 144–47. http://dx.doi.org/10.1080/10192557.2019.1646006.

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10

Nash, Marian. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 86, no. 4 (October 1992): 792–810. http://dx.doi.org/10.2307/2203795.

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On May 19, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, with Annex, signed at Moscow on February 11, 1992. An accompanying report by Secretary of State James A. Baker III, dated May 14, 1992, stated, in major part: The Convention has as its centerpiece a prohibition on high seas fishing for Pacific salmon, which will protect valuable migrating U.S.-origin salmonids. It also establishes a new international organization to promote the conservation of anadromous stocks (primarily Pacific salmon) throughout their migratory range in the high seas area of the North Pacific Ocean and its adjacent seas, as well as ecologically related species that interact with these resources, including various marine mammals, seabirds, and non-anadromous fish species. The new organization, which is to be known as the North Pacific Anadromous Fish Commission, will also serve as a needed venue for consultation and coordination of high seas fishery enforcement activities by the contracting parties.

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11

Menon, Kavita. "Asia-Pacific overview." Pacific Journalism Review : Te Koakoa 7, no. 1 (September 1, 2001): 83–96. http://dx.doi.org/10.24135/pjr.v7i1.707.

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By and large, however, the press in democractic Asia is threated less by government action than by government inaction in the face of violent attacks against journalists. Seven Asian journalists were killed for their work in 2000, nearly all of them in countries with an aggressive independent press but weak in or politicised law enforcement agencies.

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12

Keith, Sir Kenneth, and A. H. Angelo. "Colin Campbell Aikman: Reflections." Victoria University of Wellington Law Review 34, no. 4 (November 3, 2003): 631. http://dx.doi.org/10.26686/vuwlr.v34i4.5761.

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Dr Colin Aikman served as Dean of the Victoria University of Wellington Law School. This article focuses on aspects of Dr Aikman's seminal lecture of the 1960s on law in the South Pacific, and on the impact of the constitutional thinking of Dr Aikman in the Pacific on a generation of students and colleagues in the Law Faculty of Victoria University of Wellington.

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13

Scott, Karen N. "Maritime Law Enforcement in New Zealand." Korean Journal of International and Comparative Law 6, no. 2 (October 3, 2018): 245–68. http://dx.doi.org/10.1163/22134484-12340114.

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14

Feldman, Mark. "Investment Arbitration Reform and the Pacific Rim Consensus." BCDR International Arbitration Review 9, Issue 2 (December 1, 2022): 225–44. https://doi.org/10.54648/bcdr2025003.

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Three distinct models of investment treaty practice have emerged along geographic lines: a European model, a regional South model and a Pacific Rim model. Unlike the European and regional South models, the Pacific Rim model – although incorporating many policy innovations over the past few decades – has not diverged from past investment treaty practice in any fundamental respect. The combination of the Pacific Rim model’s adherence to past investment treaty practice, together with the European Union’s flexible, “open architecture” approach to investment law reform, create opportunities for the Pacific Rim model to play a key role in advancing ongoing UNCITRAL Working Group III discussions on investment law reform; those discussions should further strengthen the resilience of the Pacific Rim model. The enduring Pacific Rim consensus on investment treaty practice can contribute significantly to the success of UNCITRAL Working Group III reform efforts.

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15

Tung, Genevieve. "International Trade Law and Information Policy: A Recent History." International Journal of Legal Information 42, no. 2 (2014): 241–92. http://dx.doi.org/10.1017/s0731126500012051.

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In September 2008, the United States Trade Representative (USTR) announced the United States’ intention to join Singapore, New Zealand, Brunei, and Chile in what was then called the Trans-Pacific Strategic Economic Partnership Agreement, a preferential trade agreement. Since then, the agreement has grown in scope and ambition. The negotiations to create what is now known as the Trans-Pacific Partnership (TPP) have expanded to include seven other nations. The USTR wants the TPP to be “an ambitious, next-generation, Asia-Pacific trade agreement that reflects U.S. economic priorities and values.” According to the USTR's webpage dedicated to the agreement, the administration is “working in close partnership with Congress and with a wide range of stakeholders, in seeking to conclude a strong agreement that addresses the issues that U.S. businesses and workers are facing in the 21st century.”

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16

Watson, Amanda H. A., and Shailendra Singh. "Pacific media freedom since the pandemic." Pacific Journalism Review : Te Koakoa 29, no. 1and2 (July 31, 2023): 54–64. http://dx.doi.org/10.24135/pjr.v29i1and2.1304.

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Commentary: This article discusses the status of media freedom in the Pacific region and the impact of the unprecedented COVID-19 pandemic. It primarily draws on informed comments made by experienced Pacific journalists of an online discussion in December 2021. Further, it updates the situation in several Pacific countries, based on reflections made by the same journalists in March 2023. There have been two major developments in 2023: the newly elected government in Fiji has repealed the country’s controversial media law while the government of Papua New Guinea considers introducing a media law. The article highlights the importance of ongoing vigilance with regard to media freedom in Pacific Island countries. It also considers the impact of media freedom in Pacific Island countries during the unprecedented health crisis.

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17

Rajagopalan, Rajeswari Pillai. "Space Security in the Indo-Pacific." Air and Space Law 48, Special Issue (March 1, 2023): 59–74. http://dx.doi.org/10.54648/aila2023031.

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The Indo-Pacific region is going through a geopolitical flux. This is reflected in the space security domain as well, with many Indo-Pacific space programs assuming a military space character. The establishment of dedicated military space institutions and the adoption of defence space strategies by a number of Indo- Pacific space powers are indicative of the securitization of space. This essay provides an analytical overview of the changing space security dynamics in the Indo-Pacific. This overview examines the many contextualizing factors – including the US-China space rivalry, the growth of counter-space capabilities, and the crowded and contested nature of space – each of which has contributed to the changing space security dynamics. The article concludes with some comments about what the future of space security might look like and the possible Indian role, especially as it relates to space security governance. Space security, Indo-Pacific, Counter-space capabilities, ASATs, Anti-satellite weapons, Cyber and electronic warfare in space, Directed Energy Weapons, Global governance, space governance, PLASSF, Defence Space Agency

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18

Brooks, B. T. "The Significance of the South Pacific for Comparative Studies in Labour Law." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 345. http://dx.doi.org/10.26686/vuwlr.v26i2.6173.

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In this article, Professor Brooks traces the introduction of labour law into the South Pacific island states and its development there. He considers the richness of the subject for interdisciplinary and comparative study, and indicates labour law as fertile ground for an investigation into the tensions in the Pacific states between tradition and modernisation.

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19

Hotta, Makitaro. "Asia Pacific Regional Organisations and Japanese Domestic Law." Victoria University of Wellington Law Review 28, no. 3 (June 1, 1998): 493. http://dx.doi.org/10.26686/vuwlr.v28i3.6067.

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This is the first part of a two part article on the impact of regionalisation on domestic legal systems with reference to Japan. Part I deals with international and regional organisations and their structure. Domestic legal issues in Japan under Asia Pacific regionalism will be examined in Part II, with particular reference to human rights issues and will be published in the next issue of the Yearbook.

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20

Kavass, Igor I. "Pacific Law Bibliography. 2d Edition. By Jacqueline D. Elliott. Hobart: Pacific Law Press, 1990. Pp. xi, 627. UK £25.00 (softbound)." International Journal of Legal Information 19, no. 1 (1991): 64–66. http://dx.doi.org/10.1017/s0731126500024161.

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21

Yogaratnam, Jeswynn. "Asia-Pacific." Alternative Law Journal 33, no. 4 (December 2008): 240–42. http://dx.doi.org/10.1177/1037969x0803300413.

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22

Gray, Stephen. "Asia-Pacific." Alternative Law Journal 34, no. 1 (March 2009): 55–56. http://dx.doi.org/10.1177/1037969x0903400114.

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23

Perry, Robin. "Asia-Pacific." Alternative Law Journal 34, no. 3 (September 2009): 199–200. http://dx.doi.org/10.1177/1037969x0903400313.

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24

Kent, Ann. "Asia-Pacific." Alternative Law Journal 34, no. 4 (December 2009): 275–77. http://dx.doi.org/10.1177/1037969x0903400414.

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25

Butt, Simon. "Asia-Pacific." Alternative Law Journal 39, no. 2 (June 2014): 134–35. http://dx.doi.org/10.1177/1037969x1403900215.

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26

Hoffstaedter, Gerhard. "Asia-Pacific." Alternative Law Journal 40, no. 2 (June 2015): 134–35. http://dx.doi.org/10.1177/1037969x1504000216.

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27

Yang, Haiou, Paul Leung, Jerry Wang, and Neil Shim. "Asian Pacific Americans." Journal of Disability Policy Studies 7, no. 1 (April 1996): 33–54. http://dx.doi.org/10.1177/104420739600700102.

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28

Frémont, Jacques. "Legal Pluralism, Customary Law and Human Rights in Francophone African Countries." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 149. http://dx.doi.org/10.26686/vuwlr.v40i1.5383.

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This article provides a perspective on human rights in sub-Saharan Africa, with an emphasis on states colonised and influenced by the continental cultures of France and Belgium. The author examines what the Pacific can gain from the Francophone countries' understanding of human rights, with insights into the interface of cultures in post-colonial statehood. The article is one of four background papers which provide paradigms and challenges for a possible Pacific charter.

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29

Fletcher, Keith. "Financial Assistance Around the Pacific Rim." Oxford University Commonwealth Law Journal 6, no. 2 (January 2006): 157–81. http://dx.doi.org/10.1080/14729342.2006.11421470.

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30

Grime, Mark, Dave Poddar, and Nadia Kalic. "The impact of competition law on destination restrictions in Asia-Pacific LNG contracts." APPEA Journal 57, no. 2 (2017): 465. http://dx.doi.org/10.1071/aj16242.

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The continual decline in prices for liquefied natural gas (LNG) in the Asia-Pacific is changing the commercial dynamics between LNG suppliers and buyers, particularly in the context of renegotiating LNG sale and purchase agreements (LNG SPAs) across the Asia-Pacific region. Although prevailing market dynamics across Asia-Pacific LNG markets has created opportunities for buyers to renegotiate supply agreements, many remain subject to long-term agreements with destination restrictions that limit buyers from reselling cargoes or taking delivery outside their home jurisdiction, and which impact arbitrage and trading opportunities in spot markets. The investigation by the Japan Fair Trade Commission into whether destination restrictions in LNG SPAs contravene Japanese competition laws, highlights the importance of competition law as a key issue and commercial consideration for both LNG suppliers and buyers in the Asia-Pacific. This paper will examine what role competition law may play in the future renegotiation of LNG SPAs, and the extent to which this may provide a basis to impact the efficacy of destination restrictions in LNG SPAs under the competition laws of several key Asian jurisdictions.

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31

Techera, Erika J. "Enhancing legal frameworks for biodiversity conservation in the Pacific." Pacific Conservation Biology 21, no. 1 (2015): 87. http://dx.doi.org/10.1071/pc14906.

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The Pacific region is a biodiversity hot spot with a long history of human occupation closely linked with sustainable use of the marine environment. The health of the marine environment and its resources is of environmental, economic and socio-cultural concern, and law plays an important part in its conservation and management. Designing appropriate legal mechanisms is, however, a challenging prospect. The Pacific Island countries involve a complex environment for law and policy-makers. As a result of their colonial past, these nations are legally pluralist, with more than one legal system operating at the same time. In addition, Pacific Island countries have embraced international law, ratifying the majority of key environmental treaties and subsequently taking steps to implement their obligations, including those related to biodiversity conservation. This complicated legal landscape means that law and policy must be adopted that implements international treaties whilst also meeting the needs of local communities. A particular feature of the Pacific region is the widespread adoption of community-based marine management approaches. Their proliferation is due to a combination of underlying customary law, which has subsisted despite colonial rule, together with a willingness by governments to support local approaches. This article examines community-based marine management through a legal lens; it commences by outlining traditional rules for marine management before exploring the contemporary legal position with a focus on the hybridisation of state-based legislation and customary law. Finally, comments are made on the effectiveness of these legal approaches, as well as remaining challenges.

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32

Toropchin, G. V. "The term 'Indo-Pacific' as conceptualised in the language of international law." Law and State 99, no. 2 (June 11, 2023): 6–14. http://dx.doi.org/10.51634/2307-5201_2023_2_6.

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This paper is dedicated to scrutinising the problem of how the term “Indo-Pacific” is conceptualised in the international law from both linguistics and IR (International Relations) perspectives. The relevance of the topic is defined by a growing number of corresponding legal documents adopted by regional and external actors, which in turn has an impact on the realm of international law. The goal of the study consists in tracing back the peculiarities accompanying the described process of conceptualisation. A brief literature review demonstrates a clear lack of related analyses in the legal dimension; the academic novelty can thus be substantiated by the fact that the groups of sources of law introducing the “Indo-Pacific” concept are categorised in a hierarchical manner. From a methodological point of view the paper is aimed at adding linguistics and international law to the mix of disciplines that can assist in comprehending the relatively recent phenomenon of “Indo-Pacific”, political science already being paramount among these. As for the findings, it has been shown that bridging the gap between the designated areas is in principle possible thanks to an interdisciplinary approach, allowing thereby to create a multidimensional image of the macroregion. Another associated inference concerns the dynamics of how exactly the notion under discussion has been rooting in the sources of international law: namely, this happened due to a transfer from national legislation. The article is concluded with the discussion on the evolution stages of incorporation of the term “Indo-Pacific” in the international law, as well as recommended directions of further research.

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33

Putro, Yaries Mahardika, Muhammad Insan Tarigan, and Haekal Al Asyari. "Artificial Intelligence in Indo-Pacific." Lentera Hukum 10, no. 3 (February 9, 2024): 391. http://dx.doi.org/10.19184/ejlh.v10i3.43449.

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The use of Artificial Intelligence in the military is like two sides of a coin. It can provide convenience and aid in military operations but has the potential to hinder military operations. Dangerous and potentially catastrophic for humanity will be inevitable as no restrictions on its use. The United States, China, Australia, Japan, and India are examples of nations whose militaries have developed artificial intelligence technology. Geographically, Southeast Asia, which is located in the middle of these nations, will experience a significant impact due to its tight maritime borders if there is no international consensus on the military application of artificial intelligence technology. An autonomous or autonomous system to operate this technology will reduce the amount of human control and allow it to operate without any human intervention. It will be a threat to the application of the fundamental principles of international humanitarian law, such as the distinction principle, and proportionality principle. Where these principles are tightly intertwined with human command and control in making decisions regarding the execution of attacks. The article employs normative legal methodology. Furthermore, this paper endeavours to assess the pertinence of principles in international humanitarian law during the era of the artificial intelligence arms race. It also delves into the contribution of ASEAN in upholding stability, peace, and security in the Southeast Asia region, thereby reinforcing the importance of this research. This research emphasises the importance of aligning the progress of artificial intelligence in military contexts with core principles of international humanitarian law. It underscores the need for ASEAN to safeguard regional peace and security by establishing a novel regulatory framework that outlines restrictions on the development and deployment of artificial intelligence for military objectives.

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34

Freestone, David, and Clive Schofield. "Pacific Islands Countries Declare Permanent Maritime Baselines, Limits and Boundaries." International Journal of Marine and Coastal Law 36, no. 4 (October 27, 2021): 685–95. http://dx.doi.org/10.1163/15718085-bja10071.

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Abstract The Pacific Island countries are in the front line of adverse impacts from sea level rise. For the last decade the South Pacific Forum Members have been seeking ways to preserve their entitlements to their maritime zones and resources in the event of inundation of coasts and coastal features as a result of sea level rise. The issue was explored by the International Law Association in its 2018 Report and is being considered by a Study Group of the International Law Commission. This 2021 Declaration by the 18 Members of the South Pacific Forum purporting to fix permanently their maritime entitlements represents a major development in State practice for the region.

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35

OBOKATA, Tom. "The Value of International Law in Combating Transnational Organized Crime in the Asia-Pacific." Asian Journal of International Law 7, no. 1 (October 29, 2015): 39–60. http://dx.doi.org/10.1017/s2044251315000193.

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AbstractThis paper explores the value of international law in combating transnational organized crime in the Asia-Pacific, with particular reference to the United Nations Convention against Transnational Organized Crime. It begins by highlighting the definitions of organized crime under national and international law. It then analyzes the extent to which states in the Asia-Pacific have implemented the Convention, focusing on harmonization of national criminal laws and procedures, mutual recognition of law enforcement decisions and measures, as well as provision of technical assistance. The paper also touches upon the protection of the human rights of victims and perpetrators of organized crime. The main conclusion reached is that, although the implementation of international instruments pertinent to transnational organized crime has not been an easy task in the Asia-Pacific, they are slowly but surely making a difference on the ground. Therefore, their value should not be dismissed completely.

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36

Horlick, Gary N. "Trans-Pacific Partnership." Global Trade and Customs Journal 11, Issue 4 (April 1, 2016): 149–52. http://dx.doi.org/10.54648/gtcj2016017.

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Hsien-Li, Tan. "Legal Agency of Small States: Regional Law Cooperation Amid Indo-Pacific Pressures." Michigan Journal of International Law, no. 45.2 (2024): 153. http://dx.doi.org/10.36642/mjil.45.2.legal.

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Discussions about the Indo-Pacific contestation between China and the United States often focus on both superpowers’ geopolitical strategies and economic and military might. The experiences of small and less powerful Indo-Pacific states navigating these tensions are relatively overlooked or even discounted. Yet, they are not passive bystanders in their longstanding neighborhood drama— they often seek strength in unity via their regional organizations and produce regional law to safeguard their collective interests. In short, they exercise legal agency. Using the Association of Southeast Asian Nations’ (“ASEAN”) experience of regional law cooperation to navigate challenges (including, but not limited to, the U.S.-China contestation), this cross-disciplinary article conceptualizes how small Indo-Pacific states have exercised legal agency amid geopolitical pressures to safeguard common security and economic interests. This has resulted in the exercise of legal agency corresponding to three distinct geopolitical environments: via realist rhetoric laws in the Cold War, constructivist cooperation laws amid globalization, and rules-based ordering in the contemporary Indo-Pacific. Through the intensification of legal agency over fifty-seven years, ASEAN has transformed from a diplomatic grouping with a basic aim of preventing inter-member aggression to promote national economic development, to a rules-based integrationist community that pursues ASEAN centrality in foreign power engagement to safeguard members’ intraregional and external security and economic interests. ASEAN’s experience may have generalizable lessons for how other Indo-Pacific or Global South regimes facing geopolitical pressures exercise their legal agency. As the former Singapore Prime Minister Lee Hsien Loong put it: “Small states [have] little buffer against shocks. But [we] are by no means without agency . . . we can make up . . . through . . . cooperation . . . and upholding the multilateral rules-based system.”

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38

Cammack, Mark, and Anthony Woodiwiss. "Globalisation, Human Rights and Labour Law in Pacific Asia." Pacific Affairs 72, no. 3 (1999): 411. http://dx.doi.org/10.2307/2672231.

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39

Springer, Allen L. "The Pacific Salmon Controversy: Law, Diplomacy, Equity, and Fish." American Review of Canadian Studies 27, no. 3 (October 1997): 385–409. http://dx.doi.org/10.1080/02722019709481556.

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40

Raine, Andy, and Luan Harford. "un Environment and Environmental Law in the Asia Pacific." Chinese Journal of Environmental Law 1, no. 2 (February 7, 2017): 257–62. http://dx.doi.org/10.1163/24686042-12340015.

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41

Fitzpatrick, Daniel, and Rebecca Monson. "Land Law and Natural Disasters in the South Pacific." Alternative Law Journal 40, no. 3 (September 2015): 195–98. http://dx.doi.org/10.1177/1037969x1504000311.

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42

The Lancet. "Sex workers, HIV, and the law in Asia Pacific." Lancet 380, no. 9852 (October 2012): 1446. http://dx.doi.org/10.1016/s0140-6736(12)61824-8.

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43

Murgatroyd, Peter, Helen Skoglund, Joanne Whitcombe, and Susan Smith. "The Asia-Pacific Health, Law And Special Libraries Conference." Journal of Health Information and Libraries Australasia 4, no. 2 (October 15, 2023): 38–45. http://dx.doi.org/10.55999/johila.v4i2.158.

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The theme of our conference has been Connecting. Recent years have brought changes to the way we live and work, where we live and work and how we interact. Connecting with each other, with our communities and cultures, with technology, and with information have become more critical than ever before. This Conference has explored our learnings from recent challenges and focused on the opportunities for the future.

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Chand, Prerna, Leigh-Ann Buliruarua, and Cherie Morris. "Capacity-building for Coastal Climate Change Adaptation and Resilience in the Pacific Islands." Ocean Yearbook Online 37, no. 1 (May 26, 2023): 37–62. http://dx.doi.org/10.1163/22116001-03701005.

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Abstract Capacity-building for coastal climate change adaptation in the Pacific Island countries (PICs) is paramount in ensuring resilience building and sustaina-ble management of coastal resources. The Pacific-European Union Marine Partnership (PEUMP) program, through its capacity-building component, works at achieving this by supporting delivery of technical and vocation education and training (TVET) and continuing professional development programs. The PEUMP training programs focus on addressing capacity needs associated with coastal resource management in the PICs, including but not limited to, inadequate economic considerations in coastal fisheries regulations; limited capacity to support community-based coastal resource management; insufficient Pacific-relevant training and qualifications for sustainable coastal resource management through inclusive approaches; and insufficient in-depth understanding of the government’s role in com-munity and ecosystem-based approaches. To address some of these gaps PEUMP delivered TVET programs, micro-qualifications, non-formal training, and professional short courses across 15 PICs. Post-training impact assess-ments found the PEUMP training programs to have improved the knowledge and skills of participants, with more than 70 percent of the par-ticipants gaining new skills and/or knowledge, which they attempted to pass on to their colleagues. A number of lessons learned were identified through the PEUMP training programs, such as the pros and cons of deliv-ering training through virtual means within the Pacific context. The article wraps up with a set of recommendations as a way forward for capaci-ty-building in the Pacific Island region through further inclusive training, localization, and community-based approaches.

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45

Erie, Matthew S. "Indo-Pacific Legal Infrastructure: A China Perspective." Proceedings of the ASIL Annual Meeting 113 (2019): 374–78. http://dx.doi.org/10.1017/amp.2019.194.

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The Indo-Pacific, given its economic and geopolitical significance as exemplified by the growing multilateralism in the region, is an incubatory space for innovative legal infrastructure. Against the backdrop of growing tension between the United States and China in the region, I emphasize China's expanding footprint through the “Belt and Road Initiative” (BRI) and its capacity to shape institutions, practices, and norms of international economic law. I begin by providing context and then suggest six ways in which the BRI may offer a novel approach to international economic law, with particular salience for the Indo-Pacific region.

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46

Aqorau, Transform. "Illegal I Fishing and Fisheries Law Enforcement in Small Island Developing States: The Pacific Islands Experience." International Journal of Marine and Coastal Law 15, no. 1 (2000): 37–63. http://dx.doi.org/10.1163/157180800x00028.

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AbstractThe Pacific islands provide a good case study of how small island states have responded to the challenges of enforcing their fisheries laws and regulations. The Pacific islands, all of which are geographically small and are in their early stages of economic development, viewed the LOS Convention and the exclusive economic zone regime established as providing the opportunity for generating economic wealth. The area of ocean space under the Pacific islands' jurisdiction was inordinately disproportionate to the resources available to them to assert effectively their sovereign rights. The article examines how they have responded to the challenge. The article discusses the co-operative approach adopted by the Pacific islands and the innovative arrangements developed to control better the fishing activities of fishing states. The article concludes that, while considerable progress has been made, there is scope to improve on current arrangements to make them more effective.

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Mead, Sarah, and Margaretha Wewerinke-Singh. "Recent Developments in International Climate Change Law." International Community Law Review 23, no. 2-3 (June 29, 2021): 294–309. http://dx.doi.org/10.1163/18719732-12341479.

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Abstract This article discusses recent developments in international climate change law, in respect of which Pacific island countries and territories (PICs) have made a particularly significant contribution. PICs have been instrumental in shaping the international climate change treaty regime since its inception in the early 1990s. Since the adoption of the Paris Agreement in 2015, however, progress has stalled – and even more so since the global pandemic. With a focus on the Suva Declaration on Climate Change released prior to negotiations in Paris, this article assesses progress in two areas that have received considerable attention from PIC representatives due to their importance to the region: the long-term temperature goal and the Talanoa Dialogue; and the issue of loss and damage. While PICs have managed to make gains in both areas, climate change science indicates that current global efforts are insufficient to avoid catastrophic climate change impacts for the Pacific region. In light of this, certain PIC leaders are looking outside of the international treaty system for other ways to protect their communities and ecosystems.

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Sousa-Santos, Jose, and Loene M. Howes. "Policing Illicit Drugs in the Pacific: The Role of Culture and Community on the Frontline." Journal of Contemporary Criminal Justice 38, no. 3 (July 12, 2022): 364–79. http://dx.doi.org/10.1177/10439862221096960.

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Transnational and organized crime has become more prominent in the Pacific region in recent years, leading to challenges for law enforcement agencies in the region. The production and trafficking of illicit drugs are common concerns that illustrate the nexus between transnational and local crime landscapes. This article discusses approaches to the policing of such crime used by Pacific law enforcement agencies and regional partners. Informed by regional agreements, national security strategies of Pacific Islands governments, and theory about security networks, the article argues that plural and hybrid policing approaches, more commonly associated with community policing, may be effective models to combat drug-related crime. These approaches can involve cultural, social, and hierarchical webs that act as security nodes or networks on the frontline against illicit activities. Given different strengths and weaknesses of the various approaches available, an integrated and multifaceted approach to addressing drug-related crime offers the best chance of success.

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49

Schofield, Clive, and Robert van de Poll. "Claims to Straight Baselines in the Asia-Pacific: Contrary to Customary International Law?" Asia-Pacific Journal of Ocean Law and Policy 7, no. 2 (December 16, 2022): 313–29. http://dx.doi.org/10.1163/24519391-07020010.

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Abstract This article examines the straight baseline claims that have been made by coastal States in the Asia-Pacific region in light of the International Court of Justice’s ruling regarding Nicaragua’s straight baselines in the Caribbean Sea. Uncertainties over the relevant provisions of the United Nations Convention on the Law of the Sea are discussed before straight baseline claims made in the Asia-Pacific region are outlined with particular note made of Malaysia’s June 2022 clarification of its baselines claims through publication of the geographical coordinates of the base points concerned. The findings of the International Court of Justice concerning Nicaragua’s straight baselines are then discussed. This leads to the conclusion that the majority of State practice relating to straight baselines in the Asia-Pacific region would be deemed as contrary to customary international law were they to be assessed against the standard set by the Court in that case.

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Farran, Sue. "South Pacific Land Law: Some Regional Challenges, Cases and Developments." Victoria University of Wellington Law Review 32, no. 4 (December 3, 2001): 953. http://dx.doi.org/10.26686/vuwlr.v32i4.5864.

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Land in the South Pacific is largely regulated by introduced English Common Law. However, the vast bulk of the land in the region is held under different forms of customary land tenure, and the perceptions of land and its use are distinctly regional. In this article, the author considers how the Common Law has been adapted in the region to accommodate and reflect customary law and practice. Selected cases from the region are used to highlight the difficulties that the courts face in blending Common Law principles with customary practice and accommodating changing uses of land that challenge traditional solutions.

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