Designing constitutions for foreign judges: The Pacific experience

Slides:

Advertisements

Similar presentations

IG Issues of Pacific SIDS Maureen Hilyard Pacific Chapter of the Internet Society.

Advertisements

Melbourne Pasifika Communities Rita S. Gale Melbourne Conservatorium of Music The University of Melbourne.

SOLOMON ISLANDS EARTHQUAKE GENERATES SMALL BUT DEADLY TSUNAMI IN SOUTH PACIFIC FEBRUARY 6, 2013 M8.0 Walter Hays, Global Alliance for Disaster Reduction,

Asia Pacific Consultation on Building Regional Evidence for the First High Level Meeting of the Global Partnership for Effective Development Cooperation.

Pacific-American Climate Fund. Goal: Increase adoption of climate change adaptation measures and improve resilience in 12 Pacific Island nations.

Oceania Tobacco Control Conference Presentation on the 2006 NZ Global Youth Tobacco Survey Ingrid McDuff, MPH (Hons) Research & Evaluation Unit HSC.

THE PACIFIC REALM (CHAPTER 12). MAJOR GEOGRAPHIC QUALITIES  THE LARGEST TOTAL AREA OF ALL GEOGRAPHIC REALMS, BUT THE SMALLEST LAND AREA OF ANY OF THE.

The Commonwealth of Nations Martina Kučerová. Contents General facts History The Commonwealth of Nations Member states Interests.

REVIEW OF NATIONAL INSTITUTIONS AND SYSTEMS UNIT 1 Pio E. Manoa School of Marine Studies Faculty of Islands & Oceans University of the South Pacific Coastal.

3 rd International Conference on Transforming Healthcare with IT 31 st Aug.-1 st Sep Hyderabad, India 1 Pacific Islands Network American Samoa Cook.

Australian Leadership Awards – Fellowships Overview Aim – to develop leadership, build partnerships and linkages in the Asia-Pacific region ALA Fellowships.

Background – Why SendMoneyPacific? In 2008 remittance costs from Australia and New Zealand to the Pacific were amongst the highest in the world –overall.

The National Judiciary (18.1). Dual Court System Federal courts – 120+ federal courts in U.S. State courts – Each state has its own court system.

THE UNIVERSITY OF THE SOUTH PACIFIC 14 CAMPUSES IN 12 MEMBER COUNTRIES.

Jakub Peštál. General facts Official language English Head of the Commonwealth Queen Elizabeth II. Number of member states 53 Date of establishment 1949.

The Role of International NGOs in the Universal Periodic Review of Pacific States: Distorting the Dialogue? 11 September 2013 (Natalie Baird, University.

PARIS21 Results from the Partner Report on Support to Statistics (PRESS) 9 July 2010, Nouméa.

Regional Economic Integration in the Pacific: An Empirical Study T.K. Jayaraman, Huay-Huay Lee and Hock-Ann Lee.

LEGAL ASPECTS – COMMUNITY MANAGEMENT UNIT 6 Pio E. Manoa School of Marine Studies Faculty of Islands & Oceans University of the South Pacific Coastal Fisheries.

Disability Inclusion in the Australian Sports Outreach Program Rob Regent, Consultant, Sport for Development Australian Sports Commission.

STRATEGIC ACTION PROGRAMME (SAP) FOR THE INTERNATIONAL WATERS OF THE PACIFIC SMALL ISLAND DEVELOPING STATES A programme of the Governments of: Cook Islands,

The Pacific IWRM Programme Component 1: Demonstration, Capture and Transfer of Best Practices in IWRM and WUE Component 2: IWRM and WUE Regional Indicator.

Asia Quiz Write whether the country is in South East Asia or the Pacific Islands. If it is in the Pacific Islands write whether it is in: Melanesia, Micronesia.

Statistical Capacity Building Workshop 31 January – 11 February 2005 APIA, SAMOA Topic x: SCB for EFA Assessment and Review.

On Overview of PFM in the Pacific S Joshi IMF/PFTAC PFM Advisor Suva, Fiji.

Legislative status in PICs Laitia Tamata Legal Trainer and Policy Analyst or

A Comparative Overview of Asia Pacific Maintenance/ Child Support Systems Hong Kong 9 November 2015 Mikiko Otani.

GLOBAL HEALTH SYMPOSIUM Strengthening Safe Surgery and Anaesthesia in Asia Pacific RACS Melbourne October 2015.

AUSTRALIA The names Oceania or Australasia are sometimes used in place of Australia. Oceania Australasia The term is used today in many languages to.

Presenter: Seruwaia Vasukiwai Deep Sea Minerals Project Ocean & Islands Programme SOPAC Division of SPC.

PACIFIC ISLANDERS & KANAKAS MIGRATION. Where in the world?

Duration: 53 months Key Implementing Units: The Secretariat of the Pacific Community; and The University of the South Pacific. IRENA: Regional Consultative.

Dr Eric CLUA- Programme manager Brief update Item ICRI General meeting - Palau - November 2005.

Canada Government. For starters…  Canada created its own constitution in  However, Canada’s government still has ties to Great Britain- the Queen.

What is Commonwealth The Commonwealth is an organization made up of 53 countries from all over the world. It was created from countries that were a part.

Ch 11 sec 3 A. The Supreme Court has both appellate and original jurisdiction. B. The Court consists of nine justices: eight associate justices and one.

ICTs FOR SMART SUSTAINABLE ASIA PACIFIC ITU Asia & the Pacific Regional Development Forum Sofitel Philippine Plaza Manila, Philippines June 2016.

RSE HEALTH PRESENTATION ‘HEALTHY WORKERS HEALTHY RSE’ JULY 2016 Lafaele Lupo Relationship Manager, RSE: Strengthening Pacific Partnerships Pacifica Labour.

New Zealand Programme Expanding access to affordable, reliable and clean energy Martin Garrood & Merinda-Lee Hassall Pacific Power Association August 2016.

South West Pacific Hydrographic Commission (SWPHC)

Working Group on Information Sharing

Review of salt iodisation legislation in the region

Investment Priorities by Region

Mongolia Papua New Guinea South Korea Japan China Myanmar Taiwan

Great Britain vs England vs the UK vs the British Isles

UNIT 6 LEGAL ASPECTS – COMMUNITY MANAGEMENT

Canada Government.

Consensus Rainfall Forecast – June to August 2017

UNEVOC Network A Strategic Plan

RSE: the ghosts of schemes past, present and yet to come

Obtaining High Quality Data in Developing Countries

Data Availability Last updated: March 2015.

Development Policy Centre, ANU

South West Pacific Hydrographic Commission (SWPHC)

Working with your Primary Charting Authority

South West Pacific Hydrographic Commission (SWPHC)

20-24 April 2015, Noumea, New Caledonia

Observer Programme Management (OPM)

Economic Statistics - Capacity Screening Progress on NSDIS

ATTORNEYS AND SOLICITORS

South West Pacific Hydrographic Commission (SWPHC)

GISC Melbourne Status Report

Session 3: ASP RI 1: Special Consideration For LDCs, SIDSs, Including Pacific Island Countries, And Landlocked Developing Countries Asia-Pacific Region.

Pacific Hazardous Waste Management Programme (PACWASTE)

Data Availability Last updated: April 2019.

Reducing Vulnerability in Pacific ACP States

Collision or collusion?

LECTURE No 6 - THE EUROPEAN UNION’s JUDICIAL SYSTEM I (courts)

Working with your Primary Charting Authority

Presentation transcript:

Designing constitutions for foreign judges: The Pacific experience Anna Dziedzic PhD Candidate, Melbourne Law School Constitution Transformation Network

Overview of research Why are foreign judges? How are they recruited and appointed, and what are the terms of their service? What are the implications of the use of foreign judges for the role of the judge and the role of the court?

How many foreign judges and where are they from? From 2000-2015, 180 foreign judges served on the higher courts in the nine Pacific states New Zealand 32% Australia 30% Sri Lanka 22% United Kingdom 8% Other Pacific states 6% African states 2%

Ratio foreign judges to local judges 2000-2015 State % Judges foreign Nauru 100% Tuvalu Tonga 95% Kiribati 94% Samoa 87% Vanuatu 85% Fiji 83% Solomon Islands 71% Papua New Guinea 21%

Why use foreign judges? Small size of population and local legal profession Impartiality arising from distance from the local community (?) Cost savings To provide legal and comparative expertise

Legal frameworks Qualifications Appointment process Tenure Removal

Tenure provisions State Citizens Non citizens PNG 10 year fixed term Up to 3 year fixed term Fiji Retirement age Solomon Islands Fixed term of years (if 70+) Samoa SC Can be fixed term of years Samoa CA Fixed term or particular matters Kiribati Tuvalu Life, fixed term or particular matters Tonga On good behaviour or for fixed term or particular matters Nauru Retirement age (but note use of acting judges) Vanuatu

Rationales for short-term contracts for foreign judges More attractive to foreign judges and funders Opportunity to assess judge’s suitability Localisation Local judges are unavailable to hear a matter or to sit on a particular session

Foreign judges and custom Is constitutional design is conditioned by the fact that the constitution will be interpreted and applied by foreign judges? Two approaches: Inclusion: Local customary values are included in the constitutional text as a guide to interpretation. Exclusion: Customary institutions are left out of the constitutional text.