Paper short abstract:

The developing states in the Pacific have recognised the value of approaches to marine natural resource governance which respect the legally pluralist nature of the region. This paper explores the hybrid legal frameworks they have developed and the lessons that Australia can learn from the Pacific.

Paper long abstract:

The Pacific region includes a diverse mix of countries, territories and peoples along with their customs, culture and laws. Despite this diversity there are some commonalities which have and continue to influence approaches to marine environmental governance. Two factors are of particular relevance: the persistent presence of Indigenous populations with customary laws which have survived colonisation and post-colonial transformations. Secondly, the reliance placed upon marine resources for food, economic development, socio-cultural and recreational purposes.

There is little doubt that historically Indigenous peoples across the Pacific region have played an important role in the stewardship of inshore marine areas. Although customary laws and traditional governance institutions were undermined during periods of colonial rule, they have endured. While there is significant support for legal approaches which acknowledge and promote Indigenous governance of natural resources, implementation of appropriate laws and policies has proven to be more problematic.

The developing states in the Pacific have increasingly recognised the value of approaches which respect the legally pluralist nature of the region and have developed laws which incorporate elements of customary Indigenous governance within hybrid legal frameworks. Although Australia has a strong track record of co-management of terrestrial protected areas, this has not been matched in relation to marine areas. Therefore there are lessons that Australia, and other similarly placed developed nations, can learn from the Pacific island countries.

This paper explores contemporary Indigenous governance arrangements for marine protected areas and provides insights into appropriate regulatory models which respect the legally pluralist nature of the region.