Regulating the environment for a blue-green economy in plural legal states: a view from the Pacific

Farran, Sue (2018) Regulating the environment for a blue-green economy in plural legal states: a view from the Pacific. Journal of Legal Pluralism and Unofficial Law, 50 (2). pp. 119-144. ISSN 0732-9113

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Abstract

The environments of small island states are particularly vulnerable to environmental degradation and risk, whether natural or man-made. As a result of international initiatives and growing awareness of the need to address environmental concerns, such states are being encouraged to enact legislation to protect the environment and promote sustainable futures. In the Pacific region this future is increasingly linked to the ‘blue-green’ economy: development that builds on the terrestrial and marine resources of Pacific island states. At the same time, internationally, there is an emerging acknowledgment of the value of traditional, indigenous and localised management of these resources. In the Pacific customary law is just one source of law in plural legal systems. The challenge then is how to develop environmental law which capitalises on the strength of plural approaches, promotes a ‘blue-green economy’ and meets the international and regional expectations of commitment to environmental protection?

While a regional model law has not yet been proposed this article undertakes a doctrinal examination of existing legislation across the region in order to identify different legislative provisions which might be used to develop a holistic, normatively plural approach to future efforts to provide a legal framework for translating blue-green policy into law.

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