The legal system of Tuvalu
English common law received through the Gilbert and Ellice Islands Colony and continued at independence in 1978, layered over Tuvaluan custom. It is one of the smallest legal systems in the world — a single High Court judge, no resident Court of Appeal, and a Parliament of 16 members with no political parties. Two things make it distinctive: the revised Constitution that took effect in 2023 asserts that Tuvalu's statehood is permanent regardless of the effects of sea-level rise, and the Falepili Union treaty with Australia creates a dedicated climate-mobility pathway found nowhere else in international practice.
Legal tradition
Tuvalu belongs to the common law with customary law tradition. English common law received through the Gilbert and Ellice Islands Colony and continued at independence in 1978, layered over Tuvaluan custom. It is one of the smallest legal systems in the world — a single High Court judge, no resident Court of Appeal, and a Parliament of 16 members with no political parties. Two things make it distinctive: the revised Constitution that took effect in 2023 asserts that Tuvalu's statehood is permanent regardless of the effects of sea-level rise, and the Falepili Union treaty with Australia creates a dedicated climate-mobility pathway found nowhere else in international practice.
How power is divided
Unitary with strong island-level authority. Each of the eight inhabited islands has a Falekaupule, the traditional assembly of elders, given statutory power by the Falekaupule Act 1997 to make bylaws and administer island funds. In practice the Falekaupule is the level of government most Tuvaluans deal with.
Where law comes from
- The Constitution
- Supreme law; expressly read in the light of Tuvaluan custom and values.
- Acts of Parliament
- Unicameral Parliament of 16 members elected without political parties.
- Custom and tradition
- Recognised by the Constitution and by the Falekaupule Act 1997; applied by Island Courts and Lands Courts.
- Received English law
- Pre-independence common law, equity and statutes of general application, subject to the Constitution and custom.
The legal profession
A very small fused profession: practitioners are admitted by the High Court under the Legal Practitioners Act, and many of the lawyers appearing are non-resident or seconded. The People's Lawyer's office is the principal source of representation for individuals, and because the Court of Appeal is non-resident, appellate work is scheduled around visiting judges rather than filed into a standing list.
Law by topic in Tuvalu
- Tax LawIncome Tax Act with consumption tax; fishing and .tv revenue dominateIncome tax under the Income Tax Act administered by Inland Revenue, with a Tuvalu Consumption Tax. Government revenue depends far more on fishing licences, the .tv domain and the Tuvalu Trust Fund than on domestic taxation.
- Civil ProcedureHigh Court with Island Courts and an offshore Court of AppealIsland Courts and Magistrates Courts sit below the High Court, with the Court of Appeal above it and provision for further appeal to the Judicial Committee of the Privy Council in London.
- Criminal LawPenal Code with the death penalty abolishedOffences are set out in the Penal Code with procedure under the Criminal Procedure Code, prosecuted by the Attorney General. The death penalty has been abolished, and Island Courts handle minor matters.
- Immigration & NationalityImmigration Act with the Falepili Union mobility pathway to AustraliaEntry under the Immigration Act with permits issued by the Immigration Office. The 2023 Falepili Union treaty with Australia creates a distinctive outward mobility pathway for Tuvaluans.
- Employment & LabourLabour and Employment Relations Act 2017 with a seafarer workforceThe Labour and Employment Relations Act 2017 modernised employment law, setting minimum terms and dispute procedures. Seafaring on foreign vessels is a major source of employment and is separately regulated.
- Constitutional Law1986 Constitution with Falekaupule authority and climate statehoodA Westminster constitution from 1986, revised in 2023, notable for expressly subordinating some individual rights to Tuvaluan values and community, and for a 2023 amendment addressing statehood against sea-level rise.
- Business & CorporateCompanies Act with a very small formal private sectorCompanies register under the Companies Act administered by the Registrar, with business licensing at both national and island level. The formal private sector is small and state-linked enterprises dominate.
- Property & LandAlmost all land is customary kaitasi land, held by extended familyLand is overwhelmingly customary, held by the kaitasi — the extended family group — under the Native Lands Act, and cannot be sold to non-Tuvaluans. Leases are the only route for outsiders.
- Family LawMarriage and divorce statutes with island-level customMarriage under the Marriage Act and divorce under the Matrimonial Proceedings Act, with adoption and maintenance provisions, and substantial influence from island custom and the Falekaupule.
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