ABSTRACT

This chapter focuses on the law which regulates the negotiation of logging agreements and the resolution of disputes arising in the context of timber extraction, and considers whether this is an effective instrument for addressing issues of management and control over natural resources, ensuring respect for indigenous cultures and livelihoods, and for facilitating the equitable distribution of benefits derived from resource extraction. The geography of the Solomon Islands makes it challenging for centralized government to control the activities of logging companies in rural areas, and to ensure that any benefits are evenly distributed to those furthest away. The indigenous system is based on customary law which is recognized as a formal source of law in the Solomon Islands even though it is not written and does not emanate from the State. The various procedures established by the Act are applicable to anyone wanting to engage in commercial logging, and are intended to provide safeguards against illegal logging.