Most Australians are familiar with the concept of land ownership and understand the meaning of native title, which recognises Indigenous peoples' rights to land to which they are spiritually or culturally connected. The ownership of areas of sea and its resources is often overlooked however, despite Aboriginal and Torres Strait Islander connections with the sea being just as important as those with the land. The papers in this volume demonstrate how the concept of customary marine tenure has developed in various communities and look at some of its implications. Originating in a session of papers at a conference in 1996, the papers in this volume were originally published as Oceania Monograph 48 in 1998.

"This volume emerges from a ground-breaking conference held in the Republic of Palau on cultural heritage in the Pacific. It includes bold investigations of the role of cultural heritage in identity-making, and the ways in which community engagement informs heritage management practices. This is the first broad and detailed investigation of the unique and irreplaceable cultural heritage of the Pacific from a heritage management perspective. It identifies new trends in research and assesses relationships between archaeologists, heritage managers and local communities. The methods which emerge from these relationships will be critical to the effective management of heritage sites in the 21st century. A wonderful book which emerges from an extraordinary conference. Essential reading for cultural heritage managers, archaeologists and others with an interest in caring for the unique cultural heritage of the Pacific Islands".

Marine Environmental Governance: From International Law to Local Practice considers the relationship between international environmental law and community-based management of marine areas. Focusing on small island states, in which indigenous populations have to a large extent continued to maintain traditional lifestyles, this book takes up the question of how indigenous customary law and state-based legislation can be reconciled in the implementation of international environmental law. Including a range of case studies, as well as detailed comparative analysis, it pursues an interdisciplinary approach to legal pluralism 'in practice' that will be of considerable interest to environmental lawyers, legal anthropologists, conservation biologists and those working in the area of community-based conservation.

This book provides a comprehensive review of Area-Based Management Tools (ABMTs) used in fisheries or affecting their performance in relation to biodiversity and related socio-economic issues. The prologue provides historical, mystic, philosophical, political, economic, and ecological points of view of ocean space since antiquity. The book describes the modern background of ABMTs, their role in living in harmony with nature; their human dimensions; their governance; the tensions they face; the role of the United Nations Convention on the Law of the Sea (UNCLOS) and that of the United Nations and other global policy frameworks. ABMTs are described thusly: definition; human dimensions; goals and objectives; old and new roles; possible typologies; tensions; synergies and complementarities; trade-offs; and effectiveness and related factors. Pathways to reduce tensions, mobilize synergies, and increase effectiveness are described. The perspectives offered are illustrated by a few case studies including an industry view.

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

The bibliography is to highlight impacts on fisheries and livelihoods attributed to coral reef marine protected areas in Pacific Island countries and territories. Included in this collection is literature that reports various forms of reef area management practiced in Pacific Island countries: reserves, sanctuaries, permanent or temporary closed areas, community and traditional managed areas.

World Seas: An Environmental Evaluation, Second Edition, Volume Two: The Indian Ocean to the Pacific provides a comprehensive review of the environmental condition of the seas from the Indian Ocean to the Pacific. Each chapter is written by experts in the field who provide historical overviews in environmental terms, current environmental status, major problems arising from human use, informed comments on major trends, problems and successes, and recommendations for the future. The book is an invaluable worldwide reference source for students and researchers who are concerned with marine environmental science, fisheries, oceanography and engineering and coastal zone development. - Covers regional issues that help countries find solutions to environmental decline that may have already developed elsewhere - Provides scientific reviews of regional issues, thus empowering managers and policymakers to make progress in under-resourced countries and regions - Includes comprehensive maps and updated statistics in each region covered

Cultural and spiritual bonds with ‘nature’ are among the strongest motivators for nature conservation; yet they are seldom taken into account in the governance and management of protected and conserved areas. The starting point of this book is that to be sustainable, effective, and equitable, approaches to the management and governance of these areas need to engage with people’s deeply held cultural, spiritual, personal, and community values, alongside inspiring action to conserve biological, geological, and cultural diversity. Since protected area management and governance have traditionally been based on scientific research, a combination of science and spirituality can engage and empower a variety of stakeholders from different cultural and religious backgrounds. As evidenced in this volume, stakeholders range from indigenous peoples and local communities to those following mainstream religions and those representing the wider public. The authors argue that the scope of protected area management and governance needs to be extended to acknowledge the rights, responsibilities, obligations, and aspirations of stakeholder groups and to recognise the cultural and spiritual significance that ‘nature’ holds for people. The book also has direct practical applications. These follow the IUCN Best Practice Guidelines for protected and conserved area managers and present a wide range of case studies from around the world, including Africa, Asia, Australia, Europe, and the Americas.