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The discrepancy in available capacities and resources is relative, for there is concern on
both sides of the fence about the modesty of resources being invested in law reform in all
Pacific countries. The absence of institutions and resources in small island States is not a
total dilemma, for there are other available options and also opportunities for cooperation
and assistance. There is much to learn from the larger and established institutions on the
fundamentals: in particular, of the need for thorough research and consultations; the
exposure to the ideas of experts and others; and of engaging the general public. There are
many more of the educated population in all island countries today who need to be
engaged on many contemporary issues, including those of freedom of expression, youth,
gender and the environment. The absence of resources does not mean the acceptance of
tokenism of ill-funded, under-staff make-do arrangements.
Nonetheless, the circumstances of the smaller countries (unlikely to be altered in any
dramatic form in the near future) are such that the consideration of new forms of
partnerships might be warranted. Instead of two small jurisdictions each undertaking a
major programme of, say, implementation legislation to support the ICC, might it be
more effective, cost and time-wise, for both jurisdictions, especially if neighboring
countries, to share the same programme (clearly with room for adaptation)? Might some
of the law reform work of the island States, or some specific aspect of it, from time to
time be contracted out to one of the more established law reform commissions?
Perhaps some capacity for law reform related research or training might be considered for
the University of the South Pacific, possibly in connection with the regional work on the
development of model legislation.
It is difficult to assess from my distance whether the law reform authorities of the Pacific,
including Australia and New Zealand, are engaged or at least contributing to the
considerable amount of law creation work being undertaken in the region. Their
experience and expertise would be of immense value to the regional effort, quite apart
from the opportunities for professional networking, and it would seem most desirable that
they be involved. A laudable feature of the regional legislative work is the ready
recognition being given to the need for clear and appropriate legislative frameworks to
underpin the agenda for regional development. The engagement of institutional law
reform machinery can only add to strengthening the recognition given to the role of law
in development.
It is understandable that the law development and legislative work of the region is being
centred around the issues of immediate concerns for regional security, the environment,
economic development and trade. And it may be that there are mandate-limits to the
involvement of the law reform agencies. Yet, there are other broader issues such as
international terrorism and support for the international criminal justice system that are
either now on the Pacific regional agenda, or potentially for the regional agenda, that
would seem to warrant the attention of all regional law reform agencies.
Modernisation of the law is a fundamental operational principle for law reform. The
Pacific constitutions need to be looked at in this connection, in part to check on the