Authorised by Academic Registrar, April 1996
Objectives Students successfully completing this subject should (1) have a basic understanding of the nature, history and development of the diverse societies and politico-legal systems of Australia's Pacific Island neighbours; (2) have developed advanced competence in comparative techniques and have further developed interdisciplinary perspectives acquired at an undergraduate level, and will have thus enriched their understanding of law and its functioning in their area of study; (3) have further enhanced their skills in legal and interdisciplinary research; and (4) have further developed skills of critical analysis through formulating independently legal and policy issues and articulating them orally and in a substantial written paper.
Synopsis Historical, cultural, political and legal `maps' of the Pacific Island region, including Australia and New Zealand. Comparative methodology and interdisciplinary approaches to the study of law. `Governmental' theme: traditional political systems, the colonial imprint, sovereignty and dependency, choice of constitutional models, the roles of courts, and techniques for checking power. `Legal pluralism': sources of law, derivations from customary law, statute and common law, recognition of indigenous (including Aboriginal) law, human rights and techniques of dispute settlement and the management of conflict. `Property': early concepts, the recognition of land rights (including Mabo and the Waitangi Tribunal), management of natural resources and the environment, and regulation of commerce and investment. `Regional developments': organisations and treaties.
Assessment Class test (50 minutes): 10% + Work in progress presentation and leading seminar: 10% + Research paper (9000-10,000 words): 80%