A Pacific Court of Justice

Abstract

This paper explores a regional final appellate court for the Pacific – a Pacific Court of Justice. Five Pacific countries still have a final appeal to Judicial Committee of the Privy Council. The conversation begins with whether this ability to appeal should end, for the same reasons, as it has for all other countries in the Pacific. Then it is asked whether the benefits to be obtained from a Pacific jurisprudence outweigh the benefits to be obtained by the current structures. This is not a new conversation. It has occurred in the Caribbean and resulted in a Caribbean Court of Justice. A domestic appeal structure populated by expatriate judges or indigenous ones but trained in the common law may fit with the requirements of the international community but if this does not address the hopes and aspirations of the Pacific people it is time to consider a better solution.