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Law In Papua And New Guinea
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Book Synopsis Making Law in Papua New Guinea by : Bruce L. Ottley
Download or read book Making Law in Papua New Guinea written by Bruce L. Ottley and published by Carolina Academic Press LLC. This book was released on 2021 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Legal Dissonance written by Shaun Larcom and published by Berghahn Books. This book was released on 2015-07-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Order in a Weak State by : Sinclair Dinnen
Download or read book Law and Order in a Weak State written by Sinclair Dinnen and published by University of Hawaii Press. This book was released on 2000-11-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Administrative Law and Judicial Review in Papua New Guinea by : Christopher Karaiye
Download or read book Administrative Law and Judicial Review in Papua New Guinea written by Christopher Karaiye and published by Notion Press. This book was released on 2019-06-18 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Land Law and Policy in Papua New Guinea by : John T. Mugambwa
Download or read book Land Law and Policy in Papua New Guinea written by John T. Mugambwa and published by Routledge. This book was released on 2012-08-21 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Law and Policy in Papua New Guinea analyzes the policy considerations which underscore the mechanisms for regulation of land use through a comprehensive study of Papua New Guinea society.
Book Synopsis A Guide to Legal Research in Papua New Guinea by : Heather Creech
Download or read book A Guide to Legal Research in Papua New Guinea written by Heather Creech and published by Lawbook Company. This book was released on 1990 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introduction to the Legal System of Papua New Guinea by : Rudolph William James
Download or read book Introduction to the Legal System of Papua New Guinea written by Rudolph William James and published by . This book was released on 2011 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Natural Resources Law of Papua New Guinea by : Eric L. Kwa
Download or read book Natural Resources Law of Papua New Guinea written by Eric L. Kwa and published by University of Papua New Guinea Press. This book was released on 2010-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Criminal Law and Practice of Papua New Guinea by : Donald R. C. Chalmers
Download or read book Criminal Law and Practice of Papua New Guinea written by Donald R. C. Chalmers and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contract Law in Papua New Guinea by : Doug Tennant
Download or read book Contract Law in Papua New Guinea written by Doug Tennant and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Papua New Guinea covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.
Book Synopsis Introduction to Our Laws by : James Litai
Download or read book Introduction to Our Laws written by James Litai and published by Xlibris Corporation. This book was released on 2015-12-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces the basics of law in Papua New Guinea, and it targets upper secondary legal studies teachers and students. Everyone in this country, including the educated, other than lawyers needs to know and understand our own laws. The National Education Departments motto is Prosperity through self-reliance; thus, this project is one out of many the department is yet to accomplish. No recommended text was available at the time when the new course, legal studies, was introduced in 2010 to be taught as an examinable subject. Newly elevated secondary schools in the country are facing reference material problem. The problem of rare stock of resource material is truly a considerable physical and psychological stress suffered by most teachers in the country. This book was written exactly in line with Upper Secondary Legal Studies syllabus as a text material to be used across the nation in all secondary schools in which Legal Studies course is offered. The subject itself is fundamentally interesting. I enjoyed teaching law for the last six years. I gained the insights of basic introductory law while in the process of teaching and writing this book. Hope you enjoy reading this book, Introduction to Our Laws and gain the insights of law.
Book Synopsis Name, Shame and Blame by : Christine Stewart
Download or read book Name, Shame and Blame written by Christine Stewart and published by ANU Press. This book was released on 2014-12-02 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Book Synopsis Introduction to South Pacific Law by : Jennifer Corrin Care
Download or read book Introduction to South Pacific Law written by Jennifer Corrin Care and published by Psychology Press. This book was released on 2007 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
Book Synopsis Principles of Family Law in Papua New Guinea by : Owen Jessep
Download or read book Principles of Family Law in Papua New Guinea written by Owen Jessep and published by . This book was released on 1994 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Policy Making and Implementation by : Ronald James May
Download or read book Policy Making and Implementation written by Ronald James May and published by ANU E Press. This book was released on 2009-09-01 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Crime in Papua New Guinea by : David Biles
Download or read book Crime in Papua New Guinea written by David Biles and published by . This book was released on 1976 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Chronicle of a Young Lawyer by : Kerry Dillon
Download or read book The Chronicle of a Young Lawyer written by Kerry Dillon and published by Hybrid Publishers. This book was released on 2020-07-29 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The volcanic political atmosphere in the bubbling cauldron of the caldera that was the Gazelle Peninsula came to a head in December 1969.” This unique book tells the story of the day-to-day life of a young criminal circuit lawyer from Tasmania, Kerry Dillon, some 50 years ago in a country where many people lived as generations before had lived, back into the mists of time. Employed as a 22-year-old lawyer in the Office of the Public Solicitor, WA Lalor, in the Territory of Papua and New Guinea, Kerry travelled the country on Supreme Court criminal circuits from 1969 to 1971, appearing as counsel for Indigenous people accused of serious criminal offences, including stealing, rape and wilful murder. Written as a chronicle, this account features descriptions of criminal cases in major centres and in remote places only accessible by small planes. It depicts the clash of cultures as Australian criminal law was introduced, and there is valuable material on the application of the rule of law in the emerging nation. “The differing ways of life between Papua New Guinean communities, and the wide variation in the character of their interactions with Europeans and the Administration, was a significant part of the complex environment in which Kerry’s experiences in the country took place and which his account illustrates.” – Michael Adams QC
