Abstract

This article considers some of the challenges facing small Pacific Island States that follow the donation of aid and judicial resources from overseas countries. In particular it considers the impact such assistance has on notions of State sovereignty and the possible compromise it makes to the development of a jurisprudence particular to the South Pacific region, for example in respect of the application of custom and customary law. ∗ Peter MacFarlane BA, BLegS, LLM is an Associate Professor in the School of Law at the University of the South Pacific, Port Vila Vanuatu and a legal practitioner. At the time of the writing of this article he was on leave as an Adjunct Professor with the Center for Australian and New Zealand Studies at Georgetown University, Washington DC.

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