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Law Of Tuvalu
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). The land tenure system is largely based on ''kaitasi'' (extended family ownership). 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. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eselealofa Apinelu
Dr Eselealofa 'Ese' Apinelu is a Tuvaluan lawyer and sports official. Apinelu attended The Cathedral School, Townsville, Queensland, Australia. She graduated with a Bachelor of Arts and Bachelor of Laws from the University of Tasmania in 1998. She is Tuvalu's first female lawyer. Eselealofa holds a Professional Diploma in Legislative Drafting from the University of South Pacific. In 2022 she was awarded a PhD from Swinburne University’s Centre for Urban Transition. Her research focused on customary and human rights in post-colonial Tuvalu with a particular focus on the disconnection between individual and collective rights in Tuvalu’s development agendas. Career Apinelu was the senior crown counsel in Tuvalu from 2003–06. She was appointed as the Acting Attorney General of Tuvalu in 2006. In 2008, Apinelu became the first female appointed as the Attorney General of Tuvalu. In 2012, she became the first female Executive Member of the South Pacific Lawyers' Association (SPLA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Enforcement In Tuvalu
The Tuvalu Police Force is the national Police force of Tuvalu, it is headquartered in Funafuti and includes a Maritime Surveillance Unit, Customs, Prisons and Immigration. Police officers wear British style uniforms. Police powers and responsibilities The police service is managed in accordance with the Police Powers and Duties Act (2009) and the Police Powers and Duties Regulations (2012). The powers of arrest and search are described in Part III of the Criminal Procedure Code (1963). The Penal Code (1965) is a codification of what crimes under Law of Tuvalu. This legislation is published online by the Office of the Attorney General of Tuvalu; also by the Pacific Islands Legal Information Institute, with the law set out in the 2008 Revised Edition; with a list of current legislation (up to 2012). Status under the Constitution of Tuvalu According to the Constitution of Tuvalu, Role in maritime surveillance The HMTSS ''Te Mataili'', a Pacific Forum patrol vessel, giv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Ministry
A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a very few countries) or a secretary of justice. In some countries, the head of the department may be called the attorney general, for example in the United States. Monaco is an example of a country that does not have a ministry of justice, but rather a Directorate of Judicial Services (head: Secretary of Justice) that oversees the administration of justice. Vatican City, a country under the sovereignty of the Holy See, also does not possess a ministry of justice. Instead, the Governorate of Vatican City State (head: President of the Governorate of Vatican City State), the legislative body of the Vatican, includes a legal office. Depending on the country, specific duties may relate to organizing the justice system, overseeing the public ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Rights Of Persons With Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument, international human rights multilateral treaty, treaty of the United Nations intended to protect the rights and dignity of persons with Disability, disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century. The text was adopted by the United Nations General Assembly on 13 December 2006, and opened for signature on 30 March 2007. Following ratification by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Elimination Of All Forms Of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of Dispute resolution, settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW. The CEDAW Chairperson position is currently held by Hilary Gbedemah. The convention Summary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Rights Of The Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. Nations that have ratified this convention or have acceded to it are bound by international law. When a state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already obliged to not act contrary to its purpose. The UN Committee on the Rights of the Child, composed of eighteen independent experts, is responsible for supervising the implementation of the convention by the states that have ratified it. Their governments are required to report to and appear before the UN Committee on the Rights of the Child periodically to be examined on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime In Tuvalu
Crime in Tuvalu is not a significant social problem due to small population, geographic isolation, and low development. Tuvalu, like other island nations in the West Pacific, is utilised as a staging point in the illicit drug trade between South East Asia and Australasia. There were 2 murders in 2012, resulting in a per capita average higher than most countries. Tuvalu has a police service and an island based Magistrates Court system. Serious offences, such as rape and murder, are dealt with in the High Court of Tuvalu. Social institutions of Tuvalu Each island has its own high-chief, or ulu-aliki, and several sub-chiefs ( alikis). The community council is the ''Falekaupule'' (the traditional assembly of elders) or te sina o fenua (literally: "grey-hairs of the land"). As defined in the Falekaupule Act (1997), '' Falekaupule'' means "traditional assembly in each island...composed in accordance with the Aganu of each island". ''Aganu'' means traditional customs and culture. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of Tuvalu
The Court of Appeal of Tuvalu is established by sections 137 & 138 of the Constitution of Tuvalu to hear appeals from decisions of the High Court of Tuvalu and to determine the Law of Tuvalu. The administration of the court is set out in the Superior Courts Act (1987) and in the Court of Appeal Rules (2009). The Court of Appeal of Tuvalu determined appeals for the first time in 2009. Tomkins, Fisher and Paterson JJA (judges from New Zealand) were appointed to decide two cases: * ''Falefou v. Esau'' 009TVCA 1. * ''Teonea v. Pule o Kaupule of Nanumaga'' 009TVCA 2. ''Falefou v. Esau'' ''Falefou v. Esau'' was an appeal from a judgment of Donne CJ given in the High Court on 27 August 1991. Donne CJ dismissed an appeal from the Lands Appeal Panel which rejected that the appellant, who had been adopted according to native custom, was entitled to the transfer of all the lands and '' Pulaka'' pits held by the person (who died intestate), who had adopted the appellant. The Court of A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Tuvalu
The High Court of Tuvalu is the superior court of Tuvalu. It has unlimited original jurisdiction to determine the Law of Tuvalu and hears appeals from the lower courts. General jurisdiction of the High Court The High Court of Tuvalu has general jurisdiction and responsibility, as authorised by sections 122 to 136 of the Constitution of Tuvalu. The jurisdiction of the High Court extends over both criminal and civil matters, and deals with cases at first instance or on appeal from the lower courts. The administration of the court is set out in Superior Courts Act (1987) and the admiralty jurisdiction is addressed in the Admiralty Jurisdiction (Tuvalu) Order (1975). Lower courts 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. Jurisdict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Superior Court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal). For courts of general jurisdiction in civil law system, see ordinary court. Etymology The term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice. The royal courts became known as the "superior courts", and lower courts whose decisions could be reviewed by the royal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
