10 the Pngdf in Troubled Times*
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Law Review L
Adelaide Adelaide Law Law ReviewReview 2015 2015 Adelaide Law Review 2015 TABLETABLE OF OF CONTENTS CONTENTS ARTICLES THEArronTHE 2011 Honniball 2011 JOHN JOHN BRAY BRAY ORATIONPriv ORATIONate Political Activists and the International Law Definition of Piracy: Acting for ‘Private Ends’ 279 DavidDavid Irvine Irvine FreeFrdomeedom and and Security: Security: Maintaining Maintaining The The Balance Balance 295 295 Chris Dent Nordenfelt v Maxim-Nordenfelt: An Expanded ARTICLESARTICLES Reading 329 THETHE UNIVERSITY UNIVERSITY OF OF ADELAIDE ADELAIDE JamesTrevorJames Allan Ryan, Allan and andProtecting Time Time and and Chance the Chance Rights and and theof the ThosePrevailing Prevailing with Orthodoxy Dementia Orthodoxy in in ADELAIDEADELAIDE LAW LAW REVIEW REVIEW AnthonyBruceAnthony Baer Senanayake Senanayake Arnold ThroughLegalLegal Academia AcademiaMandatory Happeneth Happeneth Registration to Themto Them of All All — —A StudyA Study of theof the Top Top Law Law Journals Journals of Australiaof Australia and and New New Ze alandZealand 307 307 ASSOCIATIONASSOCIATION and Wendy Bonython Enduring Powers? A Comparative Analysis 355 LaurentiaDuaneLaurentia L McOstler McKessarKessar Legislati Three Three Constitutionalve Constitutional Oversight Themes of Themes a Bill in theofin theRights: High High Court Court Theof Australia:of American Australia: 1 SeptemberPerspective 1 September 2008–19 2008–19 June June 201 20010 387347347 ThanujaKimThanuja Sorensen Rodrigo Rodrigo To Unconscionable Leash Unconscionable or Not Demands to Demands Leash -
ALL the QUEEN's AGENTS & CORPORATIONS the Queen's
ALL THE QUEEN’S AGENTS & CORPORATIONS The Queen’s Prerogative English law prohibits questioning the Monarchy about their personal holdings and business. This is true of most of Europe’s royalty, whether enthroned or not. The wealth of the Monarchies is held outside of the countries that made the wealth. The British Crown’s offshore banks hold the greatest personal wealth in the world estimated at $35 trillion. Perhaps the British Crown still owns and controls its Commonwealth Nations, including the American “colonies.” Monarchies are not supposed to be warlord bankers who create conflict and chaos to turn a profit or destabilize an economy for personal gain. But they have been for some time now, and history is a string of immoral wars caused by monarchies, the Vatican and other religions. Untold millions have died while kings and popes lived on to grab the wealth through well-established institutions that were created to control the people of the Earth. The Commonwealth of Nations, headed by Queen Elizabeth II, is made up of 53 nations, spanning the globe, accounting for one-fifth of the land mass of the Earth, and a very high percentage of its strategic resources and population. The Queen is a Knight of Malta and has vowed allegiance to the Pope through the largest insider trading club on the planet. The British Crown Agents are, in fact, also agents of the Vatican’s Knights of Malta. The Queen is a Knight of Malta The Sovereign Military Order of Malta (SMOM) took control of the power and wealth of the Poor Fellow-Soldiers of Christ and of the Temple of Solomon from within the Roman system. -
'The Bougainville Conflict: a Classic Outcome of the Resource-Curse
The Bougainville conflict: A classic outcome of the resource-curse effect? Michael Cornish INTRODUCTION Mismanagement of the relationship between the operation of the Panguna Mine and the local people was a fundamental cause of the conflict in Bougainville. It directly created great hostility between the people of Bougainville and the Government of Papua New Guinea. Although there were pre-existing ethnic and economic divisions between Bougainville and the rest of Papua New Guinea, the mismanagement of the copper wealth of the Panguna Mine both exacerbated these existing tensions and provided radical Bougainvilleans an excuse to legitimise the pursuit of violence as a means to resolve their grievances. The island descended into anarchy, and from 1988 to 1997, democracy and the rule of law all but disappeared. Society fragmented and economic development reversed as the pillage and wanton destruction that accompanied the conflict took its toll. Now, more than 10 years since the formal Peace Agreement1 and over 4 years since the institution of the Autonomous Bougainville Government, there are positive signs that both democracy and development are repairing and gaining momentum. However, the untapped riches of the Panguna Mine remain an ominous issue that will continue to overshadow the region’s future. How this issue is handled will be crucial to the future of democracy and development in Bougainville. 1 Government of the Independent State of Papua New Guinea and Leaders representing the people of Bougainville, Bougainville Peace Agreement , 29 August 2001 BACKGROUND Bougainville is the name of the largest island within the Solomon Islands chain in eastern Papua New Guinea, the second largest being Buka Island to its north. -
Annual Report 2000
OMBUDSMAN COMMISSION OF PAPUA NEW GUINEA .,, , , ANNUAL REPORT 2000 FOR THE PERIOD 1 JANUARY 2000 [- .. TO 31 DECEMBER 2000 , . ! : OMBUDSMAN COMMISSION OF TELEPHONE: (675) 325 9955 PAPVA NEW GUINEA PO BOX 852 FAX: (675) 325 9220 BOROKO,NCD PORT MORESBY PAPUA NEW GUINEA 15 July 2002 His Excellency, the Governor-General Sir Silas Atopare, GCMG, KStJ Government House KONEDOBU Your Excellency I We have'the honour of submitting to you the Ombudsman Commission's Annual Report covering the period from I January 2000 to 31 December 2000, May we request that your E.xcellency have it presented to the National Parliament in compliance with Section 220 of the Constitution, Y oi.rrs sincerely c:,-;: Cl IrrA GENO~-----" OBE QPM ~~~ CHIEF OMBUDSMAN OMBUDSMAN iv LIST OF ABBREVIATIONS Australian Agency f()r International Development AusAid Correctional Institutions Service CIS FIO Freedom of information Individual and Community Rights Advocacy Forum ICFRAF ISP Institutional strengthening project IT Information Technology Judicial and Legal Services Commission JLSC MP Member of Parliament NACA National Anti-Corruption Agency National Broadcasting Corporation NBC NEC National Executive Council OC Ombudsman Commission i PAYE Pay As You Earn , Papua New Guinea Accounting System PGAS PNG Papua New Guinea Papua New Guinea Defence Force PNGDF 'I Public Officers Superannuation Fund POSF Public Officers Superannuation Fund Board POSFB PSC Public Services Commission Royal Papua New Guinea Constabulary RPNGC Transparency International TI I UN United Nations VAT Value Added Tax List of A1:>brevu.tions v TABLE OF CONTENTS 1. YEAR IN REVIEW .......................................................................................... 3 2. INTRODUCING THE OMBUDSMAN COMMISSION ............................ 11 MEMBERS OF TJ:IE OMBUDSMAN COMMISSION ................................................................ -
Melanesia a Matrix Game of Great Power Competition in the South Pacific
Trouble in Paradise II: Melanesia A Matrix Game of Great Power Competition in the South Pacific Special thanks to Mr. Deon Canyon of the Asia-Pacific Center for Security Studies (APCSS) and Major William Duncan of U.S. Army Pacific (USARPAC) for their design input. Thanks to the following consultants and playtesters: Dr. Dawn Alexandrea Berry; Lieutenant Colonel Masashi Kagiwada, Japanese Army LNO to USARPAC; Major Kellie Landauer, USARPAC; Mr. Kinsey McFadden, USARPAC; Mrs. Sally Timbs, Australia Consul, Defence Policy, Honolulu; Major Daniel Young, USARPAC. The opinions and assertions expressed herein are those of the author and do not necessarily reflect the official policy or position of the Department of Defense. The relations between China and Pacific island countries are now better than ever and face important opportunities of development. China will work with Pacific island countries to brave the wind and waves and set sail for a brighter future of our relations. -Chinese President Xi, November 2018 Overview Melanesia is a Matrix Game designed to introduce players to the Melanesia region, its major actors and its most important dynamics. It is the second title in a series of Matrix Games on Oceania using the same core rules as the previous title, Micronesia. An overview of the Melanesia region follows in the next section (references to the game Melanesia will be italicized). The major actors represented in the game (either as player countries or through game design) are the Melanesian minor powers: the Autonomous Region of Bougainville, Fiji, New Caledonia, Papua New Guinea (PNG), the Solomon Islands, Vanuatu, and West Papua; and the major regional powers: Australia, China, Indonesia, New Zealand, Taiwan, and the United States. -
Australian Volunteers Abroad in the Asia/Pacific Region: Altruistic and Egoistic Desire in a Neoliberal Paradigm (2006-2009) Nichole Georgeou University of Wollongong
University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2010 Australian volunteers abroad in the Asia/Pacific region: altruistic and egoistic desire in a neoliberal paradigm (2006-2009) Nichole Georgeou University of Wollongong Recommended Citation Georgeou, Nichole, Australian volunteers abroad in the Asia/Pacific er gion: altruistic and egoistic desire in a neoliberal paradigm (2006-2009), Doctor of Philosophy thesis, Faculty of Arts, University of Wollongong, 2010. http://ro.uow.edu.au/theses/3322 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] AUSTRALIAN VOLUNTEERS ABROAD IN THE ASIA/PACIFIC REGION Altruistic and Egoistic Desire in a Neoliberal Paradigm (2006-2009) A thesis submitted in fulfilment of the requirements for the award of the degree DOCTOR OF PHILOSOPHY from UNIVERSITY OF WOLLONGONG by Nichole Georgeou Bachelor of Creative Arts, Diploma of Education, Master of Social Change and Development (Hons) The Faculty of Arts & Centre forAsia Pacific Social Transformation Studies (CAPSTRANS) 2010 i THESIS CERTIFICATION I Nichole Georgeou declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Faculty of Arts & Centre for Asia Pacific Social Transformation Studies (CAPSTRANS), University of Wollongong, is wholly mine unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Nichole Georgeou July 28, 2010 i ABSTRACT This study is the first detailed, long-term ethnographic study of an International Volunteer Sending Agency (IVSA) and its development volunteers. -
Challenges to Anti-Corruption Activism in PNG
Devpolicy Blog from the Development Policy Centre Australian aid | PNG and the Pacific | Global development policy http://www.devpolicy.org The (soft) power and the passion: challenges to anti-corruption activism in PNG Author : Grant Walton Date : February 19, 2016 While organised ‘civil society’ is relatively weak, Papua New Guinea has a long history of anti-corruption activism. The churches, unions, landowner groups, students as well as local and international NGOs have all been involved in fighting abuses of power. And there has been some success. In 1997, concerns about corruption fuelled protest towards the government’s attempt to bring in mercenaries to fight the civil war in Bougainville, which became known as the Sandline Affair. This led to the resignation of the then prime minister Sir Julius Chan. In 2005 a Community Coalition Against Corruption (including NGOs like Transparency International PNG and the churches) helped scupper two parliamentary bills aimed at reducing the power of the Ombudsman Commission and increasing Members of Parliament's constituency funds. They collected tens of thousands of signatures, which were presented to parliament. (This only temporarily stopped the rise of discretionary funding as these funds have grown exponentially since 2013). The propensity for citizens to resist corruption should have increased since these success stories, as access to the internet has spread throughout the country. Citizens are now better informed about alleged corruption than ever before. However, questions remain about the willingness of citizens to en masse protest the country’s many corruption scandals. My research with anti-corruption activists in Port Moresby suggests this is because the PNG state is still central to shaping citizens’ responses to corruption. -
THE CONTROVERSY SURROUNDING PRIVATE MILITARY COMPANIES (Pmcs): LOOKING BACK on EXECUTIVE OUTCOMES
THE CONTROVERSY SURROUNDING PRIVATE MILITARY COMPANIES (PMCS): LOOKING BACK ON EXECUTIVE OUTCOMES Burgert Senekal1 Abstract Amidst arguments that the nature of war has changed, notably by Kaldor (2006), Keegan (2004), Münkler (2005), and Van Creveld (2008), Private Military Companies (PMCs) have received increasing media and scholarly attention over the past decade. South Africa is no stranger to the media storm evoked by Blackwater USA during the recent conflict in Iraq Executive Outcomes (hereafter referred to as EO) caused a comparable controversy during the 1990s, first through their involvement in Angola after the withdrawal of the SADF, and later through their contract in Sierra Leone. At the time, PMCs were still a relatively new phenomenon, and thus research was scarce and it was difficult to discuss EO properly in the context of PMCs rather than as mercenaries. In the wake of the war in Iraq, the rapid growth of research into the PMC phenomenon has however provided a wealth of information that facilitates a better understanding of EO’s role in the post-Cold War conflict environment. This article aims to discuss EO in this global debate by using recent research into the phenomenon, arguing that Executive Outcomes was part of a global trend in warfare. 1. INTRODUCTION During the last two decades, numerous arguments have been made that the nature of war is changing and has been since 1945, notably by Kaldor (2006), Keegan (2004), Münkler (2005) and Van Creveld (2008). Although the validity of arguments for low-intensity conflicts (LICs), new wars, postmodern wars, hybrid wars, or fourth generation warfare has been challenged by scholars such as Smith (2005), Curtis (2006), Kinross (2004) and others, there is concurrence that the majority of conflicts fought during and after the Cold War have been intrastate conflicts rather than the European model of conventional (interstate) wars found in the developed world, particularly as exemplified by the two World Wars. -
Sandline International
' Challenging the State Challenging the State: the Sandline Affair in Papua New Guinea Edited by Sinclair Dinnen, Ron May and Anthony J. Regan Published jointly by National Centre for Development Studies Research School of Pacific and Asian Studies The Australian National University Canberra Pacific Policy Paper 30 and Department of Political and Social Change Research School of Pacific and Asian Studies The Australian National University Regime Change/Regime Maint enance Discussion Paper No. 21 © National Centre for Development Studies 1997 This work is copyright. Apart from those uses which may be permitted under the Copyright Act 1968 as amended, no part may be reproduced by any process without written permission from the publisher. This book is a joint publication of the National Centre for Development Studies, the State, Society and Governance in Melanesia project, and the Department of Political and Social Change, Research School of Pacific and Asian Studies, The Australian National University. The contribution of the Australian Agency for International Development (AusAID) towards the publication of this series is gratefully acknowledged. The opinions contained in this volume are those of the authors, and not necessarily of the National Centre for Development Studies, the State, Society and Governance in Melanesia project, the Department of Political and Social Change, or of AusAID. ISSN 0817-0444 National Library of Australia Cataloguing-in-Publication entry Challenging the state : theSandline Affair in Papua New Guinea. Bibliography. ISBN 0 7315 2366 0. 1. Internalsecurity - Papua New Guinea. 2. Civil-military relations - Papua New Guinea. 3. Papua New Guinea - Military policy. 4. Papua New Guinea - Armed Forces. -
Press Review: Mining in the South Pacific
Press review: Mining in the South Pacific Vol. 6, No. 4, July – August 2014, 93 pages Compilation: Dr. Roland Seib, Hobrechtstr. 28, 64285 Darmstadt, Germany http://www.roland-seib.de/mining.html Copyright: The material is copyrighted by the media and authors quoted. Abbreviations in common use: BCL: Bougainville Copper Limited LNG: Liquid Natural Gas PIR: Pacific Islands Report PNG: Papua New Guinea Websites: Pacific Islands Report: http://pidp.eastwestcenter.org/pireport/graphics.shtml PNG Post-Courier: http://www.postcourier.com.pg PNG The National. http://www.thenational.com.pg ------------------------------------------------------------------------------------ Sale of Gold Ridge mine to Solomons nearly done Radio New Zealand, 29 August 2014 The Australian based owner of the Gold Ridge gold mine in Solomons Islands, St Barbara, has con- firmed the sale of the mine to the Solomons government is being negotiated. The company would not disclose the terms of the transfer, saying negotiations are still underway but it says it would not play any further part in the operation of the mine. The mine has not operated since early April after flooding put it out of action. Earlier this month, the company laid off hundreds of local workers. 2 Editorial Never repeat such destruction The National, 29th of August, 2014 ENVIRONMENT and Conservation Minister John Pundari’s comments earlier this week that Papua New Guinea’s longest river, the Fly, in Western, is so badly polluted that it is ‘gone’ is, although an apt description, not a startling revelation. It is common knowledge that the activities of one of the country’s largest mines, Ok Tedi, in the province’s North Fly district, are solely responsible for the state of the Fly. -
Bougainville's Impact on the Bilateral Relationship 43
3 %RXJDLQYLOOH V,PSDFWRQWKH%LODWHUDO 5HODWLRQVKLS Australia's relationship with Papua New Guinea is recovering well from its low point after the Sandline crisis in early 1997. … [Early and frequent contact with the new Skate government] enabled Australia to engage the PNG Government on a range of issues affecting our national interest, including economic reform, development assistance, commercial concerns, civil aviation, defence cooperation, management of the Torres Strait and the Bougainville conflict.1 3.1 Papua New Guinea (PNG) is Australia's closest neighbour, and there are around 10,000 Australians living and working there. Our geographic proximity and historical links have given PNG a special place in Australia's foreign relations. Nearly a quarter of a century after PNG's independence, the bilateral relationship is a complex and wide-ranging one. Australia has a clear interest in a politically stable and economically viable PNG, and in a maintaining friendly relations with a strategically important neighbour.2 As the Committee's 1997 report on proceedings of a public seminar on the bilateral relationship observed: The proximity to Australia of the island chain of PNG, lying as it does astride our northern and north-eastern approaches, combined with the circumstances of its shared border with Indonesia, mean 1 DFAT, Annual Report, 1997-98, p. 78. 2 These themes were highlighted by the Hon Alexander Downer MP, Minister for Foreign Affairs, in a speech delivered on 11 November 1998 after a conference held in Canberra on the subject of 'Crime and the Bilateral Relationship'. 42 that it is in Australia's interests to foster a cohesive, unified, non- secessionist PNG.3 3.2 The most significant elements of the relationship between Australia and PNG are formalised in several bilateral agreements under the broad umbrella of the Joint Declaration of Principles of 1987, which was revised in 1992.4 Trade and Investment 3.3 PNG is Australia's 19th largest trading partner and 10th largest investment destination. -
Privateers in Australia's Conflict and Disaster Zones
Civil-Military Occasional Papers Privateers in Australia’s Conflict and Disaster Zones 1/2015 James Brown, ACMC Consultant > WWW.ACMC.GOV.AU Disclaimer: The views expressed in this Civil-Military Occasional Paper are those of the author and do not necessarily reflect the position of the Australian Civil- Military Centre or of any government agency. Authors enjoy the academic freedom to offer new and sometimes controversial perspectives in the interest of furthering debate on key issues. The content is published under a Creative Commons by Attribution 3.0 Australia (http://creativecommons.org/licenses/by/3.0/au/) licence. All parts of this publication may be reproduced, stored in retrieval systems, and transmitted by any means without the written permission of the publisher. ISBN: 978-1-921933-12-7 Published in 2015 Cover photo courtesy of EUPOL Afghanistan via Flickr under a Creative Commons by Attribution-NonCommercial 2.0 Generic (https://creativecommons.org/licenses/by-nc/2.0/) licence. Contents Executive Summary 3 Recommendations 4 Introduction 5 Australian government private security stakeholders 8 > Timeline – significant events in the private security industry 9 1 – The Private Security Industry in context 10 > Background 10 > PSCs in an Australian context 12 2 – How PSCs operate 16 > Who hires PSCs? 18 > Private security contractors 20 > Operational structure of a private security company 21 3 – The Australian government and private security 23 > The Australian Government and PSCs 23 > Securing diplomats abroad 25 4 – The Australian