AUSTRALASIAN LAW REFORM AGENCIES CONFERENCE
Wellington, New Zealand, 13 to 16 April 2004
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LAW REFORM POTENTIAL IN THE PACIFIC AREA
Address by H.E. Tuiloma Neroni Slade
Judge of the International Criminal Court
Introduction
The proposition that there is law reform potential in the Pacific area would need to be
assessed against the conditions of the Pacific of today, the priorities and challenges that
call for response, and in light of the diversity in the law reform experience of the Pacific.
There are marked contrasts between the established and comparatively well-resourced
law reform institutions in Australia and New Zealand, on the one hand; and the much less
developed, often ad hoc arrangements in the smaller Pacific island States, on the other.
The advantages of capacities and resources does not make the task of law reform any less
challenging for the larger jurisdictions; nor does it necessarily follow, for the small
countries, that there must be relegation of the law reform process or that there are no real
choices or alternative opportunities. Under these circumstances it is not easy, at least for
the purposes of this paper, to provide a general measure for assessing broad potential
based on the prospects of any one methodology or law reform agenda. However, given
the changes occurring in the Pacific and the legislative programmes and initiatives being
developed and ongoing in the region, there may be need to assume a broad outlook of the
function of law reform and its machinery and to ask how they might best respond to these
changes.
In part in order to better manage a rather large topic, I propose to take the perspective of
the small Pacific island jurisdictions. It is important that we gain some understanding of
how the process of law reform is being conducted in the smaller countries, of their
concerns and the challenges they face. We should also look at current activities in the
development of laws and cooperative measures in the region that could suggest useful
options for the future. In this connection I observe of the topic for our consideration that
it seems to make an interesting connection between law reform, as normally understood
in its traditional domestic setting, and law reform as a process with potential in the
broader non-domestic environment of the Pacific area. It seems worthwhile examining
this connection to see how current trends and developments in the Pacific region might
offer scope for practical activities and for greater Pacific cooperation in law reform. I do
so in the context of a Pacific region that is already substantially influenced and affected
by the forces of global change and by events and decisions taken by others elsewhere,
whether by regional authorities or by the wider international community.
The Pacific area
The better known face of the Pacific area is the poster vision of remoteness, tranquility
and exotic wonders. There is fair basis for such a vision, taken by country or as a whole,