Pacific comparative law 515
Not offered in 1995
15 points * Two 2-hour lectures per week * Clayton * Prerequisites: See section 3 of faculty resolutions
The subject offers a comparative study of legal aspects of the societies of several Pacific states and territories, including Papua New Guinea, the independent island states of the Pacific, New Zealand and Australia itself. The subject is concerned with the development of law, involving combinations of local and introduced concepts and adaptation to perceived needs of the modern state. A `governmental' theme has regard to traditional political systems, the colonial imprint, sovereignty, the roles of constitutions and courts, and techniques for checking power. Pluralistic legal systems encourage the study of customary law, statute and common law, human rights and techniques of dispute settlement and the management of conflict. Early property concepts and relationships with natural resources and the environment require examination of land rights and the regulation of investment and exploitation. The significance of the High Court Mabo decision and the New Zealand Waitangi Tribunal will be considered. Regional organisations and treaties emphasise critical international dimensions. Individual research, class discussion and the presentation of papers are encouraged. Course materials and reference lists will be available.
Assessment
Class test (1 hour): 10% * Work-in-progress presentation: 10% * Research paper (6000-7000 words): 80%