“Law of Tuvalu”的意思、由来-开放百科全书

The Law of Tuvalu comprises the legislation voted into law by the Parliament of Tuvalu and statutory instruments that become law; certain Acts passed by the Parliament of the United Kingdom (during the time Tuvalu was either a British protectorate or British colony); the common law; and customary law (particularly in relation to the ownership of land).^[1]^[2] The land tenure system is largely based on kaitasi (extended family ownership).^[3]

The Constitution

The Constitution of Tuvalu states that it is "the supreme law of Tuvalu" and that "all other laws shall be interpreted and applied subject to this Constitution"; it sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms.^[4]^[5]

Laws of Tuvalu Act 1987

By virtue of section 42(2) of the Laws of Tuvalu Act 1987, the Law of Tuvalu includes customary law. Schedule 1 paragraph 3 and 4 of the Laws of Tuvalu Act 1987 require that courts must take customary law into account when considering specified matters in criminal and civil proceedings.

The law that existed at the time of independence is preserved in Schedule 5 sections 1 and 2 of the Constitution as “any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Tuvalu”, subject to these laws not being in conflict with any provisions in the Constitution. This provision is reinforced by the Laws of Tuvalu Act 1987: “An Act to declare what constitutes the Laws of Tuvalu”.

Section 4 of the Laws of Tuvalu Act 1987 describes the laws as being derived from: the Constitution, the law enacted by the Parliament of Tuvalu, customary law, the common law of Tuvalu and every applied law. ‘Applied law’ is defined in section 7 of that Act as “imperial enactments which have effect as part of the law of Tuvalu”.^[6]

Imperial enactments

The laws of Tuvalu include some statutes from the 1892 to 1916 era when the islands were administered as part of the British protectorate of the British Western Pacific Territories (the ‘Western Pacific Legislation’);^[7] other laws were enacted by the Parliament of the United Kingdom during the time the islands were administered as part of the Gilbert and Ellice Islands Colony (from 1916 to 1974); and the during the time of the Colony of Tuvalu (from 1 January 1976 to 1 October 1978 - prior to independence).^[8]

Current laws of Tuvalu

The laws of Tuvalu are published online by the Office of the Attorney General of Tuvalu;^[9] also by the Pacific Islands Legal Information Institute, with the law set out in the 2008 Revised Edition;^[10] with a list of current legislation (up to 2012).^[11]

Attorney General of Tuvalu

According to a 2003 source, the Attorney General of Tuvalu "is the principal adviser to the Government."^[12] The Attorney General is considered a public officer, though not a Member of Parliament or a Minister. While the Attorney General does sit in Parliament in a legal advising capacity and may partake in proceedings that align with the Parliamentary Rules of Procedure, s/he does not have any voting rights. Upon request, the Attorney General may advise "Statutory Corporations and Local Governments."^[13]

Judiciary

Courts are established in Tuvalu to resolve disputes and to interpret the laws of Tuvalu.^[2] There are eight Island Courts and Lands Courts; appeals in relation to land disputes are made to the Lands Courts Appeal Panel. Appeals from the Island Courts and the Lands Courts Appeal Panel are made to the Magistrates Court, which has jurisdiction to hear civil cases involving up to $10,000. The superior court is the High Court of Tuvalu as it has unlimited original jurisdiction and hears appeals from the lower courts.

The Hon. Charles Sweeney Q.C. is the current Chief Justice of Tuvalu. ^[22] Rulings of the High Court can be appealed to the Court of Appeal of Tuvalu. From the Court of Appeal there is a right of appeal to the Judicial Committee of the Privy Council in London.^[1]^[2]

There is The People's Lawyer in Tuvalu who represents clients for free in cases involving land disputes, civil disputes, criminal law, family law and business formation.

Human rights in Tuvalu

Tuvalu is a state party to the following human rights treaties: the Convention on the Rights of the Child (CRC); the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and; the Convention on the Rights of Persons with Disabilities (CRPD).^[23] Tuvalu has commitments to ensuring human rights are respected under the Universal periodic Review (UPR), the Sustainable Development Goals (SDGs) and the Te Kakeega III - National Strategy for Sustainable Development-2016-2020 (TK III), which sets out the development agenda of the Government of Tuvalu.^[24]

See also

References

1. ^¹{{cite book |author1=Corrin-Care, Jennifer |author2=Newton, Tess |author3=Paterson, Don |title= Introduction to South Pacific Law|year= 1999 |publisher= Cavendish Publishing Ltd |location= London}}
2. ^¹²{{cite web|work=PACLII |title=Tuvalu Courts System Information|url= http://www.paclii.org/tv/courts.html| accessdate=10 March 2013}}
3. ^{{cite web|title=Pacific Aviation Investment Program (PAIP) Environmental Management Plan - Funafuti International Airport(FUN) and Road Interim Working Document| publisher= AECOM|chapter=|date =13 November 2013|url= http://tvaip.com//docstation/com_docstation/8/tuvalu_emp_final_draft_rev_f.pdf| accessdate=18 March 2016}}
4. ^{{cite web| work=PACLII|title=The Constitution of Tuvalu|url= http://www.paclii.org/tv/legis/consol_act/cot277/| accessdate=10 March 2014}}
5. ^{{cite web|work=Tuvalu Islands|title=The Constitution of Tuvalu |url= http://www.tuvaluislands.com/const_tuvalu.htm| accessdate=10 March 2014}}
6. ^{{cite journal|first=Sue |last=Farran |title = Obstacle to Human Rights? Considerations from the South Pacific|url=http://jlp.bham.ac.uk/volumes/52/farran-art.pdf|year=2006|volume= |issue=|journal= Journal of Legal Pluralism|pages=77–105}}
7. ^{{cite web| work=PACLII|title=Tuvalu - Western Pacific Legislation|url= http://www.paclii.org/fj/legis/wp_leg/index.html | accessdate=10 March 2014}}
8. ^{{cite web| work=PACLII|title=United Kingdom Legislation for Tuvalu|url= http://www.paclii.org/tv/legis/tv-uk_act/| accessdate=10 March 2014}}
9. ^{{cite web| work=Office of the Attorney General of Tuvalu|title=Tuvalu - Tuvalu Legislation On-line |url= http://www.tuvalu-legislation.tv/cms/| accessdate=10 March 2014}}
10. ^{{cite web| work=PACLII|title=Tuvalu - Laws of Tuvalu 2008 Revised Edition|url= http://www.paclii.org/tv/indices/legis/Tuvalu_Laws_2008_NumericalIndex.htm | accessdate=10 March 2014}}
11. ^{{cite web | work=PACLII | title=Tuvalu – Current Legislation - alphabetical Index | url=http://www.tuvalu-legislation.tv/cms/index.php/legislation/index.html | accessdate=10 March 2014 | deadurl=yes | archiveurl=https://web.archive.org/web/20140330082329/http://www.tuvalu-legislation.tv/cms/index.php/legislation/index.html | archivedate=30 March 2014 | df= }}
12. ^{{Cite book|url=https://books.google.com/books?id=LclscNCTz9oC&pg=PA1116&lpg=PA1116&dq|title=The Far East and Australasia 2003|last=Eur|date=2002|publisher=Psychology Press|isbn=9781857431339|language=en}}
13. ^{{Cite web|url=http://pilonsec.org/images/34th/countryreports2016/tuvalu_country_report.pdf|title=COUNTRY Report of the Office of the Attorney General Tuvalu|last=|first=|date=October 2015|website=|archive-url=|archive-date=|dead-url=|access-date=}}
14. ^{{Cite web|url=https://www.theguardian.com/news/2006/nov/28/obituaries.mainsection|title=Obituary: Anita Wilson|last=Jill and Fred Hunter|date=2006-11-28|website=the Guardian|language=en|access-date=2018-03-11}}
15. ^{{Cite book|url=https://books.google.com/books?id=UQWTDQAAQBAJ&pg|title=Winding up the British Empire in the Pacific Islands|last=McIntyre|first=W. David|date=2016-11-24|publisher=Oxford University Press|isbn=9780192513618|language=en}}
16. ^{{Cite book|url=https://books.google.com/books?id=l-CYaAWN7-4C&q|title=Whitaker's Almanac 1992 124|last=Whitaker|first=Joseph|date=1991-12-01|publisher=J. Whitaker|isbn=9780850212204|language=en}}
17. ^¹{{Cite book|url=https://books.google.com/books?id=-qF4AAAAIAAJ&|title=Australia journal of political science|date=1992|language=en}}
18. ^{{Cite book|url=https://books.google.com/books?id=RjIxAQAAIAAJ&q|title=Melanesian Law Journal|date=1991|publisher=Papua and New Guinea University law Faculty|language=en}}
19. ^{{Cite web|url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/commwlb15&div=24&id=&page=|title=Announcements (15 Commonwealth Law Bulletin 1989)|last=|first=|date=1989|website=heinonline.org|archive-url=|archive-date=|dead-url=|access-date=2018-03-11}}
20. ^{{cite news|url=http://www.pacificmagazine.net/news/2007/05/03/tuvalus-feleti-teo-is-forums-new-deputy-secretary-general|title=Tuvalu's Feleti Te'o Is Forum's New Deputy Secretary General|last=|first=|date=3 May 2008|work=Pacific Magazine|accessdate=2008-09-14|publisher=}}
21. ^{{Cite web|url=http://www.thejetnewspaper.com/2013/07/30/senior-regional-bureaucrat-honoured-by-the-queen/|title=Senior Regional Bureaucrat honoured by the Queen {{!}} THE JET {{!}} Fiji's First Community Newspaper|website=www.thejetnewspaper.com|language=en-US|access-date=2018-03-02}}
22. ^http://www.michaelkirbychambers.com/charles-sweeney-qc/
23. ^{{cite web| last = | first =| work= Attorney General’s Office of Tuvalu and the Pacific Community (SPC) |title= Tuvalu National Human Rights Action Plan 2016-2020|date =2016|url= http://rrrt.spc.int/publications-media/publications/item/740-tuvalu-national-human-rights-action-plan| accessdate=5 February 2017}}
24. ^{{cite web| last = | first =| work= Government of Tuvalu |title= Te Kakeega III - National Strategy for Sustainable Development-2016-2020 |date =2016|url= http://www.adb.org/sites/default/files/linked-documents/cobp-tuv-2017-2019-ld-02.pdf| accessdate=5 February 2017}}