An overview of constitutional and legal provisions relevant to customary marine tenure and management systems in the South Pacific

Abstract

The effects of marine resource development, aggravated by the rise of population in some Pacific countries, are disturbing those elements on which life depends. Modem technology is making it possible for distant water fishing nations (DWFNs) to fish the Pacific Ocean and sometimes within the exclusive economic zones of Pacific Island countries. The coastal zones, the breeding grounds for marine life, are under pressure from overfishing, coastal run-offs and wastes dumped in the ocean. Efforts to secure sustainable development, conservation and management of the marine resources take place, firstly against a 'background of complex international, national and customary laws, and secondly against a background of plural legal systems where laws passed by a country's legislature, laws "received" during the colonial era, and customary law, all co-exist.