Land Tenure in Oceania


Book Description

Discussions of land tenure in social anthropology have usually been deeply embedded in broader empirical and theoretical explanations of social, economic, legal, and political institutions. In this volume the editors have sought to correct the emphasis of previous studies by focusing our attention directly on land tenure in Oceania, without, it must be added, losing sight of the connections between land tenure principles and general social structure. The editors have deliberately looked for similarities by analyzing each tenure system from the same analytical and conceptual perspective. Chapters 1 and 9 specifically discuss the methodological and theoretical framework that evolved in the course of analyzing the seven tenure systems described in chapters 2 through 8. The difficulties and problems encountered by the contributors in presenting their data in comparable form is reflected by the more than three years of analysis, writing, editing, and rewriting necessary to complete this volume. The seven substantive ethnographic chapters illustrate the range and diversity in the land tenure practices which are found within the vast culture area of Oceania. The similarities in basic tenure principles between all seven systems seem all the more remarkable in light of the varied geographical and cultural settings of the seven societies. In all of these societies we find a complete absence of fee simple ownership and a corresponding presence of entailed family estates. The ethnography reveals tenure principles that detail an impressive number and variety of separate categories of property. Each category, in turn, includes an even greater number of rights and duties that symbolize different forms of proprietorship. The differential allocation of these rights and duties among persons and groups represents the exact point of connection between land tenure and social structure. For example, kinship principles that specify the distribution of authority within age, sex, descent, and status categories converge on such tenure principles as land use, land distribution, succession, and inheritance. Principles of political organization concerning the relative scaling of authority and power within the society have clear parallels in the land tenure system, where corporate and individual tenure privileges are differentiated. Economic principles subtly merge with land tenure principles in social domains, where land as a resource and land as a value intersect.




Land Tenure, Conservation and Development in Southeast Asia


Book Description

This book examines the relationship between land tenure, conservation and rural development in the context of the Southeast Asian archipelago. In particular, it is concerned with people living in and around national parks and other protected areas. It discusses the value of reinforcing indigenous tenure and sustainable resource use practices and of including them in policies and projects that attempt to integrate conservation and development.




Cook Islands Politics


Book Description

"Sir Albert Henry, one of the most colourful and controversial political figures in the South Pacific, was recently toppled from power. A historic verdict by Chief Justice Gaven Donne "sacked" a government for the first time ever in the history of the Commonwealth. The trial confirmed what many had suspected: intrigue, corruption, bribery and nepotism. This is the inside story, told mainly by Cook Islanders themselves. This fascinating political drama includes a chapter by Dr Tom Davis, the new Premier of the Cook Islands, on his relentless struggle to overcome the hegemony of Sir Albert and his family ..."







Introduction to South Pacific Law


Book Description

Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.




Environmental Law and Governance in the Pacific


Book Description

This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.




Environmental Law in the South Pacific


Book Description

The legislation of five countries on environmental and natural management is examined and analyzed in terms of its effectiveness in addressing the major environmental issues existing in each country. Practical recommendations are made, building on the findings of the review carried out by SPREP with the technical assistance of IUCN, and support from the ADB.