5
monitoring of implementation) on a variety of subjects within their programme areas or
specialisation. SPREP, for instance, has produced model legislation on marine pollution
prevention and several small countries, including Samoa, have adopted the model with
changes to suit local conditions.
The circumstances of a small country like Samoa would be fairly typical of that
pertaining in other small countries. It is also worthwhile looking at the broader situation
in the region to consider the general background and some of the law revision and law
creation work being undertaken.
Regional agenda
The School of Law of the regional University of the South Pacific (USP), which is based
in Port Vila, Vanuatu, does not teach law reform as a subject. However, the concept
underlies the course on current developments in Pacific law which is taught in the fourth
year. The Law School maintains collections of the reports from the law reform
commissions in Australia and New Zealand and those of the smaller island countries that
produce such reports, and students have access to this material7. All sixteen of the
Pacific Island Forum States are partners in the development of the USP Law School. It
would seem appropriate and highly beneficial to all concerned to ensure that the Law
School collection of this material is as comprehensive as possible and kept up to date,
perhaps supplemented by occasional visits and lectures from interested law reform
commissions and agencies of the region.
There are a number of basic issues that would require the attention of Governments and
their law reform machinery in almost every small island State: examination of the mass
of imperial laws that were introduced during the periods of political dependency, and
consideration of whether they reflect the present needs of the country; examination of the
relationship between the written laws, both introduced and locally enacted, and the
unwritten customary law and common law; and in the case of a country like Vanuatu,
examination of the relationship between the English introduced laws and the French
introduced laws, both of which are theoretically of equal validity. And there is always
the huge problem and outstanding need in many countries of the revision and reprint of
statutes. Much work has been done, including the review and amendments to
constitutions, but much more remains to be carried out.
Constitution-making in the Pacific was part and parcel of independence. Not only did
constitutions register the fact of independence, they also established the framework for
the exercise of public power.8 For many Pacific island States, the process for the making
of constitutions, and their implementation, represented the first real exercise in national
politics. Australia and New Zealand have been close partners in the process, for many
academic lawyers and other consultants to Pacific Governments have come from
7
Information per Professor Don Paterson, Emeritus Professor of Law, School of Law, USP, Port Vila,
Vanuatu, February 2004.
8
Yash Ghai, Constitution Making and Decolonisation, Law, Government and Politics in the Pacific Island
States, 1988, Institute of Pacific Studies, USP