Melanesia in Review: Issues and Events, 2006 Provided by Scholarspace at University of Hawai'i at Manoa
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Abuse of Process in Cross-Border Cases: Moti V the Queen
ABUSE OF PROCESS IN CROSS-BORDER CASES: MOTI V THE QUEEN * DANIELLE IRELAND-PIPER In a majority of six to one, the High Court in Moti v The Queen concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where such a finding is determinative of an abuse of process. The decision is a welcome addition to existing international jurisprudence on due process rights in prosecutions of extraterritorial conduct. In turn, it is a reminder that operating extraterritorially does not mean operating without accountability. I INTRODUCTION In Moti v The Queen,1 the High Court of Australia considered whether proceedings can be maintained against a person who has not properly been brought within the jurisdiction by regular means, or whether such proceedings are an abuse of process. In so doing, a majority of six to one concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where those conclusions are a necessary step to determining a question within the competency of the court. This article will conclude the findings of the High Court in Moti v The Queen are a welcome addition to jurisprudence on procedural irregularities in the prosecution of transnational crime. The High Court in XYZ v Commonwealth2 confirmed that the Commonwealth may rely on section 51(xxix) of the Constitution of Australia to assert extraterritorial criminal jurisdiction over Australian citizens. Such assertions are also permitted under international law by virtue of the active nationality principle.3 However, although useful in fighting transnational crime, assertions of extraterritorial criminal jurisdiction are sometimes overly politicised, and vulnerable to abuses of process.4 Therefore, the decision in Moti v The Queen has implications for the prosecution of offences for conduct occurring extraterritorially, and is a timely reminder for state officials and prosecutors that operating extraterritorially does not mean operating without accountability. -
Participatory Approaches to Law and Justice Reform in Papua New Guinea
PACIFIC ISLANDS POLICY 3 Safety, Security, and Accessible Justice Participatory Approaches to Law and Justice Reform in Papua New Guinea ROSITA MACDONALD THE EAST-WEST CENTER is an education and research organization established by the U.S. Congress in 1960 to strengthen relations and understanding among the peoples and nations of Asia, the Pacific, and the United States. The Center contributes to a peaceful, prosperous, and just Asia Pacific community by serving as a vigorous hub for cooperative research, education, and dialogue on critical issues of common concern to the Asia Pacific region and the United States. Funding for the Center comes from the U.S. government, with additional support provided by private agencies, individuals, foundations, corporations, and the governments of the region. THE PACIFIC ISLANDS DEVELOPMENT PROGRAM (PIDP) was established in 1980 as the research and training arm for the Pacific Islands Conference of Leaders—a forum through which heads of government discuss critical policy issues with a wide range of interested countries, donors, nongovernmental organizations, and private sector representatives. PIDP activities are designed to assist Pacific Island leaders in advancing their collective efforts to achieve and sustain equitable social and economic development. As a regional organization working across the Pacific, the PIDP supports five major activity areas: (1) Secretariat of the Pacific Islands Conference of Leaders, (2) Policy Research, (3) Education and Training, (4) Secretariat of the United States/Pacific Island Nations Joint Commercial Commis- sion, and (5) Pacific Islands Report (pireport.org). In support of the East-West Center’s mission to help build a peaceful and prosperous Asia Pacific community, the PIDP serves as a catalyst for development and a link between the Pacific, the United States, and other countries. -
BTI 2010 | Papua New Guinea Country Report
BTI 2010 | Papua New Guinea Country Report Status Index 1-10 5.85 # 58 of 128 Democracy 1-10 6.35 # 50 of 128 Market Economy 1-10 5.36 # 70 of 128 Management Index 1-10 4.99 # 65 of 128 scale: 1 (lowest) to 10 (highest) score rank trend This report is part of the Transformation Index (BTI) 2010. The BTI is a global ranking of transition processes in which the state of democracy and market economic systems as well as the quality of political management in 128 transformation and developing countries are evaluated. The BTI is a joint project of the Bertelsmann Stiftung and the Center for Applied Policy Research (C•A•P) at Munich University. More on the BTI at http://www.bertelsmann-transformation-index.de/ Please cite as follows: Bertelsmann Stiftung, BTI 2010 — Papua New Guinea Country Report. Gütersloh: Bertelsmann Stiftung, 2009. © 2009 Bertelsmann Stiftung, Gütersloh BTI 2010 | Papua New Guinea 2 Key Indicators Population mn. 6.3 HDI 0.54 GDP p.c. $ 2084 Pop. growth % p.a. 2.0 HDI rank of 182 148 Gini Index 50.9 Life expectancy years 57 UN Education Index 0.52 Poverty2 % 57.4 Urban population % 12.6 Gender equality1 - Aid per capita $ 50.2 Sources: UNDP, Human Development Report 2009 | The World Bank, World Development Indicators 2009. Footnotes: (1) Gender Empowerment Measure (GEM). (2) Percentage of population living on less than $2 a day. Executive Summary During the period under review, Papua New Guinea (PNG) made some progress toward providing its citizens greater freedom of choice by improving the state of democracy and its market-based economy. -
Pol I T Ical Reviews • Melanesia 467 References Vanuatu
pol i t ical reviews • melanesia 467 References controlling prisoners. Issues of eco- nomic policy also created challenges Fraenkel, Jonathan, Anthony Reagan, and with Vanuatu’s financial services David Hegarty. 2008. The Dangers of sector coming under increasing pres- Political Party Strengthening Legislation in Solomon Islands. State Society and Society sure, the rising cost of living being felt in Melanesia Working Paper (ssgm) quite strongly, and a proposed increase 2008/2. Canberra: ssgm, The Australian to employment conditions creating National University. uncertainty within the private sector. Ham Lini’s National United Party ISN, Island Sun News. Daily newspaper, Honiara. (nup)–led coalition had taken over in December 2004, following a success- mehrd, Ministry of Education and ful vote of no confidence against the Human Resources Development. 2009. government coalition led by Serge Semi-annual Report, January–July. Vohor’s Union of Moderate Parties mehrd: Honiara. (ump), which had been elected only NEN, National Express News. Tri-weekly five months earlier. Although several newspaper, Honiara. reshuffles took place in the intervening sibc, Solomon Islands Broadcasting years, Lini’s ability to survive to the Corporation. Daily Internet news service, end of Parliament’s four-year term was Honiara. http://www.sibconline.com remarkable. The previous decade had SSN, Solomon Star News. Daily news - seen regular votes of no confidence paper, Honiara. Online at and numerous threats of such votes http://solomonstarnews.com / leading to nine different coalition sto, Solomon Times Online. Daily governments and two snap elections. Internet news service, Honiara. Lini was able to stay in power mainly http://www.solomontimes.com because he refused to take action (ie, hold accountable politicians who were members of the coalition accused of mismanagement, corruption, or misbehavior) or make decisions that Vanuatu could jeopardize the coalition. -
The Moti Affair in Papua New Guinea
SSGM WORKING PAPERS NUMBER 2007/1 THE MOTI AFFAIR IN PAPUA NEW GUINEA Hank Nelson Emeritus Professor, Department of Pacific and Asian History Visiting Fellow, SSGM ANU College of Asia and the Pacific, The Australian National University Paper written in August 2007 Author: Hank Nelson Year of Publication: 2007 Title: The Moti Affair in Papua New Guinea Series: State Society and Society in Melanesia Working Paper No. 2007/1 Publisher: State Society and Governance in Melanesia Program, ANU College of Asia and the Pacific, Research School for Pacific and Asian Studies, The Australian National University Place of Publication: Canberra State Society and Governance in Melanesia Program Working Papers The State Society and Governance in Melanesia Program Working Paper series seeks to provide readers with access to current research and analysis on contemporary issues on governance, state and society in Melanesia and the Pacific. Working Papers produced by the Program aim to facilitate discussion and debate in these areas; to link scholars working in different disciplines and regions; and engage the interest of policy communities. Disclaimer: The views expressed in publications on this website are those of the authors and not necessarily those of the State, Society and Governance in Melanesia Program. State Society and Governance in Melanesia Program Research School of Pacific and Asian Studies The Australian National University Canberra ACT 0200 Tel: +61 2 6125 8394 Fax: +61 2 6125 5525 Email: [email protected] State, Society and Governance in Melanesia Program Working Paper 2007/1 2 The Moti Affair in Papua New Guinea Itself a minor matter in international affairs, the arrest, detention and escape of Julian Moti in Papua New Guinea revealed something of the relationships between three nations, the subsequent inquiry in Papua New Guinea provided evidence of the performance of institutions and elected and appointed officers, and the affair’s knock- on effects still reverberate. -
Vanuatu Vanuatu
BEPIJDLIQUE BEPIJDLI(; DE OF VANUATU VANUATU JOURNAL OFFICIEL OFFICIAL GAZETTE 25 OCTOBRE 2004 No.30 25 OCTOBER 2004 SONT PUBLIES LES TEXTES SUIVANTS NOTIFICATION OF PUBLICATION ARRETES ORDERS LIQUQR LICENSING ACT [CAP.52] • LIQUOR LICENSING (PROHIBITIN OF SALE) ORDER NO. 34 OF 2004. COMMISSION OF INQUIRY ACT[CAP.85] • APPOINTMENT OF COMMISSION OF INQUIRY (AMENDMENT) ORDER NO. 35 OF 2004. PUBLICATION OF LIST OF CANDIDATES FOR THE LOCAL GOVERNMENT COUNCaS ELECTIONS TO BE HELD ON 09TH NOVEMBER 2004. / ( \ REPUBLIC OF VANUATU LIQUOR LICENCING ACT [CAP. 52] Liquor Licensing (Prohibition of Sale) Order No. 1) 4 of 2004 To provide for a prohibition on the sale ofliquor in the Island ofEfate. In exercise of the power conferred on me by section 19 of the Liquor Licensing Act [CAP. 52], I, the Honourable HAM LINI Minister of Internal Affairs, make the following Orders: 1. Sale of Liquor prohibited The sale of liquor in or from licensed premises in the Island of Efate whether for consumption on or off such premises, is prohibited from 12 noon on Friday 22nd October to 8 am Monday 25th October 2004. 2. Exception Liquor may be sold during the period referred to in section 1 within the normal hours of opening in restaurants and hott(ls to bona fide customers for consumption with food. 3 Commencement This Order comes into force on the day on which it is made. H:h~bi:~A;:~AM'f~~ Mi~i~t~r"Q£]lit~rli~i Affairs REPUBLIC OF V ANUATV COMMISSIONS OF INQUIRY ACT [CAP 85] APPOINTMENT OF THE COMMISSION OF INQUIRY (AMENDMENT) Order No. -
Chronicle of Parliamentary Elections 2008 Elections Parliamentary of Chronicle Chronicle of Parliamentary Elections Volume 42
Couverture_Ang:Mise en page 1 22.04.09 17:27 Page1 Print ISSN: 1994-0963 Electronic ISSN: 1994-098X INTER-PARLIAMENTARY UNION CHRONICLE OF PARLIAMENTARY ELECTIONS 2008 CHRONICLE OF PARLIAMENTARY ELECTIONS VOLUME 42 Published annually in English and French since 1967, the Chronicle of Parliamen tary Elections reports on all national legislative elections held throughout the world during a given year. It includes information on the electoral system, the background and outcome of each election as well as statistics on the results, distribution of votes and distribution of seats according to political group, sex and age. The information contained in the Chronicle can also be found in the IPU’s database on national parliaments, PARLINE. PARLINE is accessible on the IPU web site (http://www.ipu.org) and is continually updated. Inter-Parliamentary Union VOLUME 42 5, chemin du Pommier Case postale 330 CH-1218 Le Grand-Saconnex Geneva – Switzerland Tel.: +41 22 919 41 50 Fax: +41 22 919 41 60 2008 E-mail: [email protected] Internet: http://www.ipu.org 2008 Chronicle of Parliamentary Elections VOLUME 42 1 January - 31 December 2008 © Inter-Parliamentary Union 2009 Print ISSN: 1994-0963 Electronic ISSN: 1994-098X Photo credits Front cover: Photo AFP/Pascal Pavani Back cover: Photo AFP/Tugela Ridley Inter-Parliamentary Union Office of the Permanent Observer of 5, chemin du Pommier the IPU to the United Nations Case postale 330 220 East 42nd Street CH-1218 Le Grand-Saconnex Suite 3002 Geneva — Switzerland New York, N.Y. 10017 USA Tel.: + 41 22 919 -
Vanuatu-En.Pdf
Vanuatu Official Title: Republic of Vanuatu General Information: Capital Port Vila Population (million) 0.300n/a Total Area 12,190 km² Currency 1 CAN$=86.457 Vanuatu Vatu (VUV) (2020 - Annual average) National Holiday Independence Day, 30 July Language(s) English, French and pidgin (Bichelamar) Political Information: Type of State Republic Type of Government Parliamentary Republic Bilateral Product trade Canada - Vanuatu 0.9 0.8 0.7 Balance 0.6 Can. Head of State Head of Government 0.5 Exports President Prime Minister 0.4 Can. Imports Tallis Obed Moses Bob Loughman Millions 0.3 0.2 Total Trade 0.1 Ministers: Foreign Affairs and External Trade: Marc Ati 0 2016 2017 2018 2019 2020 Statistics Canada Main Political Parties Canadian Imports Vanua'aku Pati, National United Party, Vanuatu Republican Party, Green Party, Melanesian from: Vanuatu Progressive Party, Union of Moderate Parties, Peoples Progressive Party Veg. Prod. Textiles Prod. Food Prod. A nt iq ues Specialized Inst. Animal & Prod. Elections: Last:n/a March 19-20, 2020. Next: 2020. 2020 Statistics Canada Economic Information: (2020) IMF (estimates) Vanuatu Canada Canadian Exports GDP: (billion) $1.14n/a $2,162.38 to: Vanuatu GDP per capita: $3,784.15n/a $56,945.03 Chemical Prod. GDP Growth rate: (%) -9.24n/a -5.40 Inflation: (%) 2.92n/a 0.72 Vehicles and Equip. Unemployment: (%) n/a 9.60 Veg. Prod. Product Trade and Investment: (2020) Statistics Canada M ach. M ech. Elec. Prod. Canadian Exports: $217,673n/a Specialized Inst. Canadian Imports: $44,266n/a Paper Prod. 2020 Foreign Direct Investment in Canada n/a (million) Statistics Canada Canadian Direct Investment in country n/a (million) Sources: Representation: Statistics/Industry Canada http://strategis.ic.gc.ca/eic/site/tdo-dcd.nsf/eng/Home Foreign Representation in Canada IMF n/a http://www.imf.org/external/ns/cs.aspx?id=28 Canadian Representation Abroad High Commissioner-designate Mark Glauser (Canberra, AU) May 2021 www.international.gc.ca HTML version: https://www.international.gc.ca/country-pays/fact_sheet-fiche_documentaire/vanuatu.aspx?lang=eng. -
Extraterritorial Criminal Jurisdiction
EXTRATERRITORIAL CRIMINAL JURISDICTION: DOES THE LONG ARM OF THE LAW UNDERMINE THE RULE OF LAW? Extraterritorial Criminal Jurisdiction & the Rule of Law DANIELLE IRELAND-PIPER* Assertions of extraterritorial jurisdiction have become increasingly frequent in the 21st century. Although a useful response to transnational crime, such assertions are often highly politicised and used by states to further unilateral foreign policy objectives. Further, some assertions of extraterritoriality undermine the rule of law and do not provide adequate procedural fairness. While principles such as comity and reasonableness may assist in protecting the rights of states, they do not adequately protect the rights of individuals. Therefore, this article argues that extraterritoriality should be treaty-based rather than unilateral, and domestic constitutional guarantees must apply equally to extraterritorial assertions of jurisdiction and territorial assertions. Further, principles to guide exercises of prosecutorial discretion in relation to an assertion of extraterritoriality need to be developed and made available in the form of a model law. CONTENTS I Introduction ............................................................................................................... 2 II What is Extraterritorial Jurisdiction?......................................................................... 6 III What are the Rules?................................................................................................... 9 A The Territorial Principle............................................................................. -
Pol It Ical Reviews • Melanesia
pol i t ical reviews • melanesia 597 to them (NC, 6–7 Oct, 12 Oct, 24 Oct that it could get only short-term con- 2006). tracts overseas (NC, 19 Dec 2006). After a month-long blockade, the david chappell police liberated Doniambo, but only two of its four ore sources upcoun- try were functioning. The rpcr and References ae traded barbs over alleged politi- Frogier, Pierre. 2006 Speech at rpcr cal plotting behind the strike, while Congress. 20 May. the cstnc adopted ustke’s tactic IHT, International Herald Tribune. Daily. of on-again, off-again picketing and Paris. http://www.iht.com blockages (NC, 14 Dec, 17 Oct, 20 Oct 2006). The cstnc even shut down the kol, Kanaky Online. http:// fr.groups local newspaper temporarily for what .yahoo.com / group / kanaky it considered unfair reporting (pir, 7 NC, Les Nouvelles-Calédoniennes. Daily. Nov 2006), while repeated negotia- Noumea. http://www.info.lnc.nc / tions stalled. Nea went to court for pir, Pacific Islands Report. his appeal of a conviction from the http://pidp.eastwestcenter.org / pireport previous year of blockades that had rnzi, Radio New Zealand International. condemned him to three months in http://www.rnzi.com prison. The judge upheld the convic- tion and sentence, but told Nea that TPM, Tahiti-Pacifique Magazine. Monthly. he could appeal to a higher court, and Papeete. that there would likely be a “more or less generous” amnesty granted after the 2007 presidential elections Solomon Islands for union-related offenses. By mid- November, Nea was softening his For Solomon Islands, 2006 brought general strike demands, was arrested a lot of expectations for positive for diverting sln funds and, with two change, especially with regard to associates, was fi ned us$20,000, and political leadership at the national soon was offering to resign from the level. -
Australia in the Rudd Era – Will Australia Engage More with PNG and the Pacific?
INSTITUTE OF NATIONAL AFFAIRS Speech Series No. 16 Australia in the Rudd Era – Will Australia engage more with PNG and the Pacific? Sean Dorney March 2008 First published: March 2008 Published by: Institute of National Affairs PO Box 1530, Port Moresby NCD Papua New Guinea Copyright © 2008 Institute of National Affairs ISBN 9980-77-154-2 National Library Service – Papua New Guinea ii “Australia in the Rudd Era – Will Australia engage more with PNG and the Pacific?” A Public Address by Sean Dorney Pacific Correspondent ABC/Australia Network As part of Australia Week 2008 About a month ago, when Paul Barker and I were tossing around ideas for my subject matter tonight – he suggested a theme with some focus on PNG, Australia and their relationship. So I emailed him back, asking if I could keep it brief and simply get up and paraphrase what Kevin Rudd had just said in the Australian Parliament to the Stolen Generation – “Oh, look, all I want to say to the people of Papua New Guinea about our complex relationship is – Sorry, sorry, sorry!” And then I’d sit down? In fact, like a lot of you Paul, who does have a reasonable sense of humour, did not think that was appropriate or even funny. And, indeed, “Sorry” is not quite the right word. I don’t believe that we, non-Aboriginal Australians, need to be as apologetic to the people of this country as, perhaps, we need to be to the indigenous people of our own. After all, we opened up the ballot boxes to Papua New Guineans here in 1964 – a year before Aborigines were allowed to vote in Queensland State elections and three years before Aborigines were even permitted to be included in the Australian census. -
Australia's Arc of Instability: Evolution, Causes and Policy Dilemmas
The Otemon Journal of Australian Studies, vol. 32, pp. 37−59, 2006 37 Australia’s Arc of Instability: Evolution, Causes and Policy Dilemmas Dennis Rumley University of Western Australia Introduction At the end of the Cold War period, the geopolitics ofAustralia’s regional relations were de- scribed in terms of the application of a ‘directional front model’ ― that is, it was argued that, dur- ing the late-Cold War and post-Cold War periods, Australia’s regional relations had been developed along four broad ‘fronts’ (Rumley, 1999). A cooperative security front was developed to Austra- lia’s north; an aid front was in place to Australia’s east; an environmental security front had been agreed to Australia’s south; and, in 1997, a trade front was constructed to Australia’s west (Figure 1). These four fronts had been developed primarily for reasons of regional security, in the broadest meaning of the multidimensional term security. The most recent creation of the fourth (Indian Ocean) front can also be represented as a ‘closing’ of the circle of security around Australia. The end result was that Australia had attempted to construct a geopolitical foundation for a secure re- Figure 1 Regions of Australian Strategic Interest (Source: Rumley, 1999, p. 169) 38 Australia’s Arc of Instability gional future. However, to some extent, this construction has been jeopardized by the increasing in- cidence of non-traditional security threats, especially after 9/11 and 12/10, and the emergence of a so-called ‘arc of instability’ located within Australia’s region of primary strategic interest or ROPSI (Figure 1).