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Author: Sinclair Dinnen
Publisher: University of Hawaii Press
ISBN: 9780824822804
Category : Social Science
Languages : en
Pages : 278
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Book Description
Twenty-five years after independence, Papua New Guinea is beset by social, economic, and political problems: poverty and inequality, a young and expanding population, a stagnant economy, corruption, and rising crime. The state has not only failed to contain these problems but has become progressively implicated in their persistence. Escalating levels of violence and lawlessness are seen by many as the most serious challenge facing the young country. This book examines these problems of order in light of Papua New Guinea’s remarkable social diversity and the impact of rapid and pervasive processes of change. Three original and strategic case studies involving urban gangs, mining security, and election violence form the core of the work. Each case study looks at particular forms of conflict, and the responses these engender, across different socioeconomic contexts and geographic locations. Empirical data are analyzed through a common framework that employs material, cultural and institutional perspectives, allowing readers to view the three cases through different theoretical prisms, identify linkages between them, and, in the process, build a larger picture of the post-colonial social order. Law and Order in a Weak State charts not only the problems of crime and lawlessness in Papua New Guinea but also the possibilities for constructive, pragmatic solutions. It will be of great interest to scholars, aid and policy officials, and others concerned with understanding the social complexities and challenges of contemporary Papua New Guinea.
Author: Sinclair Dinnen
Publisher: University of Hawaii Press
ISBN: 9780824822804
Category : Social Science
Languages : en
Pages : 278
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Book Description
Twenty-five years after independence, Papua New Guinea is beset by social, economic, and political problems: poverty and inequality, a young and expanding population, a stagnant economy, corruption, and rising crime. The state has not only failed to contain these problems but has become progressively implicated in their persistence. Escalating levels of violence and lawlessness are seen by many as the most serious challenge facing the young country. This book examines these problems of order in light of Papua New Guinea’s remarkable social diversity and the impact of rapid and pervasive processes of change. Three original and strategic case studies involving urban gangs, mining security, and election violence form the core of the work. Each case study looks at particular forms of conflict, and the responses these engender, across different socioeconomic contexts and geographic locations. Empirical data are analyzed through a common framework that employs material, cultural and institutional perspectives, allowing readers to view the three cases through different theoretical prisms, identify linkages between them, and, in the process, build a larger picture of the post-colonial social order. Law and Order in a Weak State charts not only the problems of crime and lawlessness in Papua New Guinea but also the possibilities for constructive, pragmatic solutions. It will be of great interest to scholars, aid and policy officials, and others concerned with understanding the social complexities and challenges of contemporary Papua New Guinea.
Author: Shaun Larcom
Publisher: Berghahn Books
ISBN: 1782386491
Category : Social Science
Languages : en
Pages : 188
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Book Description
Papua New Guinea’s two most powerful legal orders — customary law and state law —undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.
Author: Bruce L. Ottley
Publisher: Carolina Academic Press LLC
ISBN: 9781531005504
Category : Law
Languages : en
Pages : 538
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Book Description
"In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes"--
Author: Christopher Karaiye
Publisher: Notion Press
ISBN: 1645871754
Category : Law
Languages : en
Pages : 694
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Book Description
This is a compendium of administrative law and judicial review in Papua New Guinea. In this book the author precisely recounts the history of the development of administrative law and judicial review in England and some other common law jurisdictions. The main theme of the book is, however, devoted to judicial review in Papua New Guinea. The practice and procedure for appealing from the decision of the National Court in judicial review are unique and onerous. This book evaluates them in detail to give the readers a complete sense of reference. The interlocutory procedures encapsulated in this book are also relevant for any proceeding before the courts. At the end of various chapters, the author makes some insightful and thought-provoking commentaries on gaps found in judicial review. The book is an authoritative text for lawyers, law students, academia, judicial officers and other interested persons alike. It is a must read for lawyers and law students who seek to be familiar with the often cumbersome judicial review procedures and practices. For students and scholars in other disciplines who aim to learn and abreast themselves of how administrative law affects administrative action and public policy, this book is a perfect choice. The book dissects complex administrative law concepts and enables lay persons, including those in the public service, to fully understand and apply them. The book is a valuable resource material for the Pacific Island countries like Fiji, Vanuatu and Solomon Islands, who have adopted the common law legal systems similar to Papua New Guinea. BOOK REVIEWS “The author collates, culls and compiles one important material for use by judicial officers and practitioners in the area of judicial review.” – Leslie Mamu, LL.B, Acting Public Solicitor, Papua New Guinea, 18 February 2018, Port Moresby, PNG “This welcome new book by Christopher Karaiye is essential reading for all lawyers practising in the busy area of Judicial Review in PNG and also students of the topic. It is a well-researched and presented work and will be a worthy addition to my administrative law library.” – Terry Lambert, LL.B, LL.M, Barrister (Queensland, Australia), Lawyer (PNG), Solicitor (England & Wales), 7 June 2018, Brisbane, Australia “The book “Administrative Law and Judicial Review in Papua New Guinea” is a must read for lawyers and public alike involved in the judicial review of administrative decisions. The book contains a comprehensive guide to an increasingly important yet quite complex area of law. The author draws from his own experience and research to make this important contribution to the development of Papua New Guinea’s expanding judicial review jurisprudence. This work is essential reading to understand the nuances involved in this area of law.” – Dr Vergil Narokobi, LL.B, LL.M, Ph.D, Counsel for the Papua New Guinea Ombudsman Commission & President of Papua New Guinea Law Society, 25 June 2018, Port Moresby, PNG “This work is of very high quality and would be a very valuable tool for judges, magistrates, lawyers, the academia, and people in decision-making positions in the public and the private sectors. I recommend the book to them. I am impressed with your comprehensive use of local case precedents and in-depth knowledge of the topics.” – Honourable Sir Gibbs Salika, KBE CSM OBE, Deputy Chief Justice of Papua New Guinea (as he then was), 4 July 2018, Port Moresby, PNG “An extensive, thought-provoking and easy to read compendium that makes accessible the law of Papua New Guinea on the topic of judicial review in its many guises.” – Emeritus Professor Tony Angelo (Victoria University of Wellington), QC, 7 October 2018, Wellington, New Zealand
Author: Rudolph William James
Publisher:
ISBN: 9789980993748
Category : Law
Languages : en
Pages : 147
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Book Description
Author: Eric L. Kwa
Publisher: University of Papua New Guinea Press
ISBN: 9789980939555
Category : Law
Languages : en
Pages : 212
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Book Description
Contents Include: Foreword by The Honorable Sir Arnold Amet; Introduction by Eric L Kwa; The Importance of Natural Resources, Particularly Non-renewable Resources, to the Development of the Papua New Guinean Economy by Alphonse K Malipu; Land Tenure Law in Papua New Guinea by George Muroa; Forestry Law by Eric Kwa; Fisheries Resource Development and Management in Papua New Guinea: Law, Biology and Economics by Billy Manoka and Ursula Kolkolo; Water Law by Lawrence Kalinoe; Project Financing in Papua New Guinea by John Sagir Kawi and Wilfred W Golman; Statutory Recognition of Customary Resource Owners' Compensatory Rights and Interests by George Tapya Yapao.
Author: Ronald James May
Publisher: ANU E Press
ISBN: 1921536691
Category : Political Science
Languages : en
Pages : 413
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Book Description
There is a vast literature on the principles of public administration and good governance, and no shortage of theoreticians, practitioners and donors eager to push for public sector reform, especially in less-developed countries. Papua New Guinea has had its share of public sector reforms, frequently under the influence of multinational agencies and aid donors. Yet there seems to be a general consensus, both within and outside Papua New Guinea, that policy making and implementation have fallen short of expectations, that there has been a failure to achieve 'good governance'. This volume, which brings together a number of Papua New Guinean and Australian-based scholars and practitioners with deep familiarity of policy making in Papua New Guinea, examines the record of policy making and implementation in Papua New Guinea since independence. It reviews the history of public sector reform in Papua New Guinea, and provides case studies of policy making and implementation in a number of areas, including the economy, agriculture, mineral development, health, education, lands, environment, forestry, decentralization, law and order, defence, women and foreign affairs, privatization, and AIDS. Policy is continuously evolving, but this study documents the processes of policy making and implementation over a number of years, with the hope that a better understanding of past successes and failures will contribute to improved governance in the future.
Author: Nicole Haley
Publisher: ANU E Press
ISBN: 1921313463
Category : Intergroup relations
Languages : en
Pages : 206
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Book Description
The Southern Highlands is one of Papua New Guinea's most resource-rich provinces, but for a number of years the province has been riven by conflict. Longstanding inter-group rivalries, briefly set aside during the colonial period, have been compounded by competition for the benefits provided by the modern state and by fighting over the distribution of returns from the several big mining and petroleum projects located within the province or impinging upon it. Deaths from the various conflicts over the past decade number in the hundreds. As a result of inter-group fighting, criminal activity and vandalism, a number of businesses have withdrawn from the province. Roadblocks and ambushes have made travel dangerous in many parts and expatriate missionaries and aid workers have left. Many public servants have abandoned their posts with the result that state services are not provided. Corruption is rife. Police are often reluctant to act because they are outnumbered and outgunned. This volume brings together a number of authors with deep experience of the Southern Highlands to examine the underlying dynamics of resource development and conflict in the province. Its primary purpose is to provide some background to recent events, but the authors also explore possible approaches to limiting the human and economic costs of the ongoing conflict and breakdown of governance.
Author: David Biles
Publisher:
ISBN:
Category : Reference
Languages : en
Pages : 228
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Book Description
Author: Christine Stewart
Publisher: ANU Press
ISBN: 192502122X
Category : Social Science
Languages : en
Pages : 395
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Book Description
Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved. Now the HIV pandemic has thrown a spotlight, not altogether welcome, on the sexual activities of these two groups. In Papua New Guinea, a growing body of behavioural research has focused on such matters as individual sexual partnering, condom use and awareness of HIV. My work, however, has a different purpose. I chose the terms in the title to highlight a nexus which I believe exists between the criminal law and negative attitudes of society. At an international level, the argument has been put that decriminalising sex work and sodomy will facilitate HIV epidemic management, reducing the stigma and discrimination these groups encounter and making them easier to reach. I undertook my research therefore with the aim of gaining deeper understanding of the effects the current situation of criminalisation might have on the social lives of these criminalised people today, in the country generally and in Port Moresby the capital in particular, and whether these effects might provide evidence to support the argument for law reform. This is a rich and well-researched study of the legal, social and moral issues surrounding the criminalisation of two forms of consensual sex…. A very impressive piece of work, it is extensively documented, relies on a wide range of material and makes a clear and coherent argument about the place of law in producing identities and exclusions…. The attention to change over time and the complexity of the ways in which sexual behaviour is enacted and punished is a particular strength of the book. —Professor Sally Engle Merry, Anthropology, Law and Society, New York University This book is an exceptional contribution to our knowledge of the nexus between the criminal law and negative attitudes of society, and what effects criminalization has on the social lives of prostitutes and males who have sex with males, and whether these effects might provide evidence to support the argument for law reform…. The author’s experience of Papua New Guinea allows her to comment in depth on such matters as the United Nations’ human rights approach to the HIV epidemic and their call to decriminalize all sexual acts between consenting adults…. She shows that criminal laws—with the help of the normative discourse of religion and media—underpin and legitimize high levels of stigma, discrimination and abuse of prostitutes and males who have sex with males…. The quality of the writing and general presentation are exceptional. —Laura Zimmer-Tamakoshi, Truman State University (retired)
