Full Description
This book provides a detailed examination of the core areas of commercial law in common law jurisdictions across a range of South Pacific countries: Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.
Commerce is an area of central importance to the South Pacific region. Although the countries in question are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. With a focus on case law and legislative provisions in individual jurisdictions, it sets out the framework of legal principles that regulate commercial activity within the South Pacific region, highlighting the common patterns and principal differences between countries of the region. It includes a discussion of PACER Plus, post-Cotonou discussions and the EU-OACPS Partnership Agreement as well as key amendments and challenges to commercial law in the region. It explores the legal structures of commerce, control and management of commercial entities, banking and transactions and termination. Importantly, the book has two new chapters, on digital currency and e-commerce in the South Pacific, reflecting the increasing use of technology in financial and commercial transactions.
Offering a detailed analysis of the legal principles that regulate commercial activity within the South Pacific region, this book will be a useful resource for students, academics and practitioners working on commercial law in the South Pacific region.
Contents
Acknowledgements
List of abbreviations
Table of Cases
Table of Legislation
Part A: The Legal Structures of Commerce
1. Partnership
2. The Partnership Agreement and Partnership Interests
3. Trusts
4. Express Trusts
5. Companies
6. Capitalisation of Companies
7. Cooperatives, Credit Unions and Incorporated Societies
Part B: Control And Management of Commercial Entities
8. Relations Between Partners
9. The Trustee
10. Management of Companies
Part C: Commercial Transactions
11. Sale of Goods
12. Bills of Sale, Finance Leases and Hire Purchase
13. Insurance Contracts
Part D: Banking
14. Basic Principles of Banking
15. Banking Regulation and Prudential Supervision
16. Bills of Exchange, Cheques and Promissory Notes
17. Documentary or Commercial Credit
18. Digital Currency
Part E: Termination and Winding Up
19. Bankruptcy
20. Partnership Dissolution and Expulsion
21. Termination and Variation of Trusts
22. Winding Up of Corporate Entities
Part F: Foreign Trade
23. The World Trade Organisation
24. Trips
25. The Melanesian Spearhead Group
26. The Pacific Agreement on Closer Economic Relations
27. Pacific Island Countries Trade Agreement
28. The Cotonou Agreement
29. The South Pacific Regional Trade and Economic Cooperation Agreement
30. Electronic Commerce
Index
