A Model Law to Implement the Convention on the Protection of the Underwater Cultural Heritage and its Possible Application in Plural Legal Regimes in Pacific Small Islands States: A Case study of Solomon Islands

Dublin Core

Title

A Model Law to Implement the Convention on the Protection of the Underwater Cultural Heritage and its Possible Application in Plural Legal Regimes in Pacific Small Islands States: A Case study of Solomon Islands

Description

A strategy for promoting the adoption of the Convention on the Protection of the Underwater Cultural Heritage, is the adoption of a Model Law; one that also promotes uniformity, consistency and ease of use. This, however, is a challenge in the Pacific. Solomon Islands, for example, like most Pacific island nations, has a plural legal regime. That is, customary law operates in conjunction with the common law, a legacy of Solomon Islands’ colonial past. Legal pluralism raises significant difficulties for the protection and management of cultural heritage, and is especially challenging when the maritime areas beyond the low water mark are involved. This paper considers the barriers to protection of underwater cultural heritage raised by legal pluralism and the further difficulties encountered when considering Solomon Island’s possible ratification on the 2001 Convention on the Protection of the Underwater Cultural Heritage. It considers whether a Model Law might be a useful tool in this endeavour.

Creator

Craig Forrest
Jennifer Corrin, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.)

Date

5/20/2014

Files

Citation

Craig Forrest and Jennifer Corrin, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.), “A Model Law to Implement the Convention on the Protection of the Underwater Cultural Heritage and its Possible Application in Plural Legal Regimes in Pacific Small Islands States: A Case study of Solomon Islands,” The MUA Collection, accessed February 8, 2023, http://www.themua.org/collections/items/show/1655.

Document Viewer