'Good governance', 'rule of law', 'strengthening access to justice' and 'land reform' are currently high on the agenda of governments and donors in the South Pacific region. Law reform is often presented as a remedy to political instability, corruption, disappointing economic growth, and conflict.

This course introduces students to the legal systems of the independent nations of the South Pacific and examines the transdisciplinary relationship between law, governance and development in the region. It considers:

•  the general features of law and legal systems in countries of the South Pacific, including the influence of custom and tradition;
•  the multiple meanings of 'law' in the social, political and legislative contexts of the South Pacific;
•  constitutions, leadership and the organisation of the state;
•  “state building” and “access to justice” in the “arc of instability”; and
•  current debates about the status and recognition of customary law, particularly in relation to (i) land and natural resource management and (ii) human rights.

To develop their knowledge and skills, students will engage in a range of learning activities, including lectures, synchronous and asynchronous discussions and debates.   

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Compare and contrast the general patterns of law and legal systems in countries in the independent nations of the South Pacific, including: the influence of custom and tradition; and the influence of the colonial period and contemporary state-building initiatives. 
2. Interpret multiple meanings of ‘law’ in the social, political and legislative contexts of the independent South Pacific, and consider which meaning may be appropriate in different contexts. 
3. Evaluate contemporary academic and policy debates about the status and recognition of customary law, particularly as it relates to governance and state-building; land and natural resource management; and human rights. 
4. Employ a variety of tools and methodological approaches to research and analyse law and legal practice in South Pacific contexts and propose solutions to legal problems. 

Research-Led Teaching

This course is research-led, with course content drawing on the specialist research interests of teaching staff, including both the convenor and guest lecturers. The course convenor, Rebecca Monson, has extensive experience in both research and practice in the region, and draws on this experience to situate current debates about law and development in the Pacific within broader global debates about law, development and (post)colonialism.  The course is highly interactive, with a range of group activities that emphasise inquiry-based learning in which students investigate current law and development issues in the region. Course content also emphasises the need to uncover and understand the processes by which knowledge about the Pacific is produced. Assessment tasks have been designed to enable and require students to further develop and demonstrate these skills.

Required Resources

This course will be taught face to face with some asynchronous materials online. All students will need access to Zoom, the ANU Canvas site, and Echo360.

Recommended Resources

All resources will be made available online via the ANU Canvas site.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

 

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU Law School Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Use of Generative AI Tools in Assessment

All work submitted for assessment at the ANU Law School must be your own independent and original work.

This means that generative artificial intelligence (AI) tools must not be used to draft assessment content, unless explicitly instructed by the course convenor. While limited use of AI tools to support learning may be permitted, for example, to assist with expression, structure, or the refinement of ideas, AI must not be used to generate primary text, legal analysis, or substantive content.

Inappropriate use of AI may constitute a breach of the Academic Integrity Rule 2021. For law students, academic integrity breaches may have serious professional consequences, as breaches must be disclosed to the relevant admissions authority.

Students are at university to develop critical skills in legal reasoning, analysis, and written communication. This requires active engagement with assessment tasks and the drafting and refinement of one’s own work. While AI tools may assist with polishing expression or organisation, they must not replace your reasoning, judgment, or authorship.

Used appropriately, AI can be a helpful tool for editing, planning, and limited refinement. However, AI should only be applied to small portions of text. Submitting work generated in large part by AI increases the risk of poor academic outcomes and academic integrity concerns.

Where AI or other assistive technologies are used, students must comply with all disclosure requirements that are available on the course Canvas site.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Asynchronous material	Further details will be available on Canvas. There will be some material that students will be expected to have engaged with prior to face-to-face classes commencing, and additional material that they are expected to engage with as the course progresses.
2	Monday 29 JuneINTRODUCTION How may we learn about the Pacific? Discussions of teaching and learning in Pacific studiesWhat is 'the Pacific'? What do we mean by 'Melanesia', 'Micronesia' and 'Polynesia'? What do we mean by 'development'?	Assessment commences and runs throughout the course.In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360.However, lecture recordings are only an additional resource, and they should not be taken as a substitute for regular in-person attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
3	Tuesday 30 JuneENGAGING WITH LEGAL PLURALITIESHow might we learn about law and legal pluralism? What methods and methodologies could we adopt?
4	Wednesday 1 JulyLAND AND PROPERTYIt is often said that 'Land is Life' in the Pacific, and the relationship between customary landholding, Indigenous sovereignty, and Anglo-American conceptions of property has been the topic of significant discussion, debate, and sometimes outright violence. While our focus in this class is on land and property, it provides insight into legal debates and concepts that are foundational to understanding all aspects of Pacific law.
5	Thursday 2 JulyRESOURCES AND ECONOMIC DEVELOPMENTWe continue to develop our understanding of land, property rights, citizenship and belonging in the region through a discussion of extractive industries. We will focus on the example of mining in Papua New Guinea, forestry in Solomon Islands, and phosphate. mining on Banaba in what is now Kiribati.
6	Friday 3 July ENVIRONMENTAL LAW AND CONSERVATIONConservation is receiving significant renewed attention in the Pacific region. In this class we look at some of the domestic, regional and international frameworks advancing environmental protection. We pay particular attention to Community Conservation Areas in Vanuatu, which are currently expanding as part of as part of its efforts to protect at least 30% of its land by 2030 as part of the High Ambition Coalition for Nature and People.
7	Monday 6 July DISPUTE RESOLUTION, COURTS AND CUSTOMCourts in the Pacific frequently sit at the interface of customary law and imposed legal systems. In this class we will look at the court structure in various jurisdictions and consider how states have attempted to incorporate customary dispute resolution. We will also consider the role of courts in relation to the narratives of 'failed states' with weak institutions that dominated aid and development narratives in the 2000s and 2010s, and the role of foreign judges in the Pacific.
8	Tuesday 7 JulyPARLIAMENTARY DEMOCRACY AND CUSTOMARY LEADERSHIPThis class will introduce some of the terminology that has been deployed in Pacific literature to understand variations in leadership models across the region. We will look at how different states have sought to recognise customary leadership, and then discuss debates about gender representation in parliaments.
9	Wednesday 8 JulyCUSTOM, STATE RECOGNITION AND GENDER EQUALITYIn this class we will situate debates in the Pacific about the recognition of customary justice systems within global debates about the issue. We will look at ongoing debates about the relationship between customary law and human rights, particularly in relation to gender equality. We will also discuss the aid and development industries search for 'good news stories' and 'best practice', and how this can erase the complexity of experiences and unintended consequences of projects on the ground in communities, with particular reference to recognition of community by-laws in Solomon Islands.
10	Thursday 9 JulyCLIMATE CHANGE AND JUSTICE AT MANY SCALESIn the last 20 years climate change has gone from being a peripheral issue to aid and development to being front and centre. This is particularly the case with respect to questions of migration and relocation - while a very small field when this course was first taught in 2011, there is now an ever-growing literature on the topic. We will also look at growing discussion of Loss and Damage, and the role of the Pacific - and Pacific undergraduate law students in particular! - in the extraordinarily successful campaign for an International Court of Justice Advisory Opinion on climate change.
11	Friday 10 JulyLABOUR, DIASPORAS AND NAVIGATING A SEA OF ISLANDSIn this class we return to the shores of Australia, and focus on historical and contemporary labour schemes. We will also read some recent articles that discuss key currents and future directions in Pacific legal studies, including the (possible) growth of 'PacCrit' (coined by Asafo). Time will be set aside in class to discuss the final assessment.

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. MyTimetable (MyTT) tutorial allocations are done on a first-come, first-served basis. If you hold a current EAP stating that you require priority selection, you will need to contact the College Student and Education Support team before MyTT opens.

There are no tutorials in this course.

Assessment Summary

Assessment task	Value	Due Date	Learning Outcomes
Class attendance and group work: leading class discussions	10 %	*	1,2,3,4
Discussion forum post and post-class reflection	40 %	*	1,2,3,4
Reflective Research Essay	50 %	27/07/2026	1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Canvas’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law, Governance and Policy considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Class attendance and group work: leading class discussions

Details of Task: This course emphasises collaborative learning and active engagement in classes. A roll will be taken each day, and the course includes a component of group work, enabling students to develop professional skills that are vital in cross-cultural workplaces. Each student will be allocated to a numbered group associated with a class. During each class, students will have time to work in these groups to discuss the prescribed readings and develop questions they wish to discuss during the class. Groups are responsible for working with Rebecca to determine the format of the discussions, lead questions and generally manage the Q&A.

Please note that further details of this assessment task will be provided on Canvas. Assessment will be based on both regular class attendance and participation in the group work.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Due Date: Ongoing. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: Within 48 hours of the relevant class.

Assessment criteria: An assessment rubric will be available in Canvas.

Assessment Task 2

Discussion forum post and post-class reflection

Details of Task: This course includes a component of group work (see Assessment Task 1) which is linked with this individualised assessment task (Assessment Task 2). During each class, students will have time to work in their groups to discuss the prescribed readings and develop questions they wish to ask their allocated guest speakers. 

Assessment Task 2 has two parts.

• Part A requires students to upload an 1000 word blog post to the discussion forum, BEFORE their allocated class. They should discuss the insights they have drawn from the readings and outstanding issues or questions that they wish to discuss with the guest lecturer.
• Part B requires a second, handwritten reflection on the class discussions, that will be produced in class, on the day of the relevant class, and will be handed to the course convenor. This paper should discuss their reflections on the class, any aspects of the class or material that surprised, challenged, or otherwise impacted them, and any outstanding issues, questions or dilemmas they have. 

An overall mark and written feedback that covers the two tasks will be provided to students.

This course also emphasises (a) writing in a clear and concise way accessible to many audiences and (b) students to practice a reflexive approach to the study of law and development, including in relation to the texts and issues discussed throughout the course. This assessment task therefore requires students to write in first person and explain how and why the questions they wish to pursue further are of particular interest to them.

Please note that students will need to upload their posts to the discussion forum AND to TurnItIn for the purposes of assessment as per ANU policy. Further details of this assessment will also be provided on Canvas.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 40%

Word Limit: 1,000 words for the forum post plus approximately 600 words for post-class reflection

Due Date: Ongoing. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: Within 48 hours of the work being submitted on TurnItIn.

Assessment Criteria: An assessment rubric will be available in Canvas.

Assessment Task 3

Reflective Research Essay

Details of task: The research paper addresses a research topic related to the course. Students will choose from a list of questions provided by the convenor.

The course requires students to practice and demonstrate a reflexive approach to the study of law and development, and to reflect on their own present or future roles as legal practitioners. This activity requires students to write in first person and consider their 'situatedness' (Haraway 1988) or 'positionality' in law and development, including in relation to the texts and issues discussed throughout the course (the prescribed readings include many examples of this kind of writing).

We will practice these skills throughout the course. During the classes, time will be set aside for students to write brief ‘journal entries’ in which they critically reflect on the prescribed readings, discussions in class, and the implications for their own practice. Following the completion of classes, students will use one or several of these ‘journal entries’ to develop their research essay. Students must provide an explanation of why the chosen topic is of interest to them in the introduction to their paper.

Please note that further details of this assessment task will be provided on Canvas.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50%

Word Limit: 2,500 words. The ANU School of Law’s excess word penalty policy can be found here.

Due Date: 5pm, Monday 27 July 2026. Late submission (without an extension) is permitted, although late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated return date: Results for non-standard sessions will be released approximately one month from the course end date.

Assessment criteria: An assessment rubric will be available in Canvas.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period. 

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

•  Maximum Submissions: Students can submit up to three times per assessment.
• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.
• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).
•  No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.
• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students