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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: Bruce L. Ottley
Publisher: Carolina Academic Press LLC
ISBN: 9781531005504
Category : Law
Languages : en
Pages : 538
Get Book Here
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: 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: 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: Victoria C. Stead
Publisher: University of Hawaii Press
ISBN: 0824856694
Category : Social Science
Languages : en
Pages : 241
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Book Description
Across Melanesia, the ways in which people connect to land are being transformed by processes of modernization—globalization, the building of states and nations, practices and imaginaries of development, the legacies of colonialism, and the complexities of postcolonial encounters. Melanesian peoples are becoming landowners, Stead argues, both in the sense that these processes of change compel forms of property relations, and in the sense that “landowner” and “custom landowner” become identities to be wielded against the encroachment of both state and capital. In places where customary forms of land tenure have long been dominant, deeply intertwined with senses of self and relationships with others, land now becomes a crucible upon which social relations, power, and culture are reconfigured and reimagined. Employing a multi-sited ethnographic approach, Becoming Landowners explores these transformations to land and life as they unfold across two Melanesian countries. The chapters move between coasts and inland mountain ranges, between urban centers and rural villages, telling the stories of people and places who are always situated and particular but who also share powerful commonalities of experience. These include a subsistence-based community shaped by the legacies of colonialism and occupation in remote Timor-Leste, villagers in Papua New Guinea resisting a mining operation and the government agents supporting it, an urban East Timorese settlement resisting eviction by the nation-state its residents hoped would represent them in the post-independence era, and people and groups in both countries who are struggling for, with, and sometimes against the formal codification of their claims to land and place. In each of these instances, customary and modern forms of connection to land are propelled into complex and dynamic configurations, theorized here in an innovative way as entanglements of custom and modernity. Moving between multiple sites, scales, and forms of collectivity, Becoming Landowners reveals entanglements as spaces of deep ambivalence. Here, structures of power are destabilized in ways that can lend themselves to the diminishing of local autonomy in the face of the state and capital. At the same time, the destabilization of power also creates new possibilities for the reassertion of that autonomy, and of the customary forms of connection to land in which it is grounded.
Author: William E. Mitchell
Publisher: HAU Books
ISBN: 1912808455
Category : Social Science
Languages : en
Pages : 567
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Book Description
William E. Mitchell revisits his early fieldwork with a three-part study of the history of colonial rule in Papua New Guinea. From 1971 to 1972, William E. Mitchell undertook fieldwork on suffering and healing among the Lujere of Papua New Guinea’s Upper Sepik River Basin. At a time when it was not yet common to make colonial agencies a subject of anthropological study, Mitchell carefully located his research on Lujere practices in the framework of a history of colonization that surrounded the Lujere with a shifting array of Western institutions, dramatically changing their society forever. Mitchell’s work has been well known among anthropologists of Oceania, but the material in this book has remained unpublished until now. In this major new work, Mitchell revisits his early fieldwork with a three-part study of the history of colonial rule in the region, the social organization of Lujere life at the time, and the forms of affliction, witchcraft, and curing that preoccupied them. Furthermore, Mitchell offers the first sweeping cross-cultural survey of sanguma (magical murder) in Oceania. The book presents a vivid portrait of a society that has since changed dramatically as well as an approach to anthropology that was typical of the era. This is a significant contribution to the ethnography of Papua New Guinea and is sure to be an invaluable source for researchers of Melanesia, medical anthropologists, and scholars of kinship, myth, and ritual.
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)
Author: Melissa Demian
Publisher: ANU Press
ISBN: 1760466123
Category : Law
Languages : en
Pages : 210
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Book Description
The introduction of village courts in Papua New Guinea in 1975 was an ambitious experiment in providing semi-formal legal access to the country’s overwhelmingly rural population. Nearly 50 years later, the enthusiastic adoption of these courts has had a number of ramifications, some of them unanticipated. Arguably, the village courts have developed and are working exactly as they were supposed to do, adapted by local communities to modes and styles consistent with their own dispute management sensibilities. But with little in the way of state oversight or support, most village courts have become, of necessity, nearly autonomous. Village courts have also become the blueprint for other modes of dispute management. They overlap with other sources of authority, so the line between what does and does not constitute a ‘court’ is now indistinct in many parts of the country. Rather than casting this issue as a problem for legal development, the contributors to Grassroots Law in Papua New Guinea ask how, under conditions of state withdrawal, people seek to retain an understanding of law that holds out some promise of either keeping the attention of the state or reproducing the state’s authority.
Author: Yash Ghai
Publisher: Cambridge University Press
ISBN: 1107018587
Category : Law
Languages : en
Pages : 517
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Book Description
An examination of how the constitutional frameworks for autonomies around the world really work.
