Incorporating international treaty obligations and customary law into domestic legislation in a pluralist legal environment: considering pacific public health laws as a case study

Abstract

Most Pacific Island countries which are members of the Pacific Islands Forum have a history as British colonies or protectorates. This delivers a legacy of transplanted British style public health laws from the first half of the twentieth century, which are out of date and in need of review and reform. Pacific Island countries also have a rich tradition of customary laws and methods of social organisation predating their colonial experience. Added to this pluralist legal environment, all Pacific countries have ratified some international human rights treaties or treaties creating obligations at international law in relation to health.