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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. -
Ocean Diplomacy
University of Wollongong Research Online Faculty of Law, Humanities and the Arts - Papers Faculty of Law, Humanities and the Arts 2016 Ocean Diplomacy: The aP cific slI and Countries' Campaign to the UN for an Ocean Sustainable Development Goal Genevieve Quirk University of Wollongong, [email protected] Quentin A. Hanich University of Wollongong, [email protected] Publication Details Quirk, G. & Hanich, Q. (2016). Ocean Diplomacy: The aP cific slI and Countries' Campaign to the UN for an Ocean Sustainable Development Goal. asia-pacific ourj nal of ocean law and policy, 1 (1), 68-95. Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Ocean Diplomacy: The aP cific slI and Countries' Campaign to the UN for an Ocean Sustainable Development Goal Abstract In this article we examine how Pacific slI and Countries (pics) successfully championed a stand-alone Ocean Sustainable Development Goal (sdg) goal at the United Nations (un). We analyse how the un Post-2015 development process provided pics with a unique opportunity to use their experience with collective diplomacy and regional oceans governance to propose this international goal. In this article we establish how pics' national and regional quest to strengthen their sovereign rights over marine resources motivated their diplomatic efforts for an Ocean sdg. The campaign was a significant political achievement, positioning these Large Ocean Island States (lois) as global ocean guardians. We critically evaluate the effectiveness of the pics' diplomatic campaign to secure an international commitment for an Ocean sdg. -
Political Reviews
Political Reviews michael lujan bevacqua, elizabeth (isa) ua ceallaigh bowman, zaldy dandan, monica c labriola, nic maclellan, tiara r na'puti, gonzaga puas peter clegg, lorenz gonschor, margaret mutu, salote talagi, forrest wade young 187 political reviews • polynesia 249 www.ohchr.org/EN/HRBodies/UPR/Pages/ period, we’ve seen Niue’s application NZindex.aspx for membership in the Asian Develop- ———. 2019b. Report of the Working ment Bank (adb) accepted; an apol- Group on the Universal Periodic Review: ogy from Radio New Zealand (rnz) New Zealand. A/HRC/41/4. 1 April. for unsubstantiated allegations made https://documents-dds-ny.un.org/doc/ against Premier Sir Toke Talagi; oppo- UNDOC/GEN/G19/087/77/PDF/ sition to and court injunctions filed G1908777.pdf?OpenElement against government-funded projects; University of Waikato. 2019. Te and a member of Parliament (mp) who Wharehuia Milroy Remembered. 16 May. brought a packet of marijuana into https://www.waikato.ac.nz/news-opinion/ an assembly sitting. Throughout this media/2019/te-wharehuia-milroy period, the premier also spent signifi- -remembered cant time in New Zealand for medical Waitangi Tribunal. 2004. The Mōhaka care. Despite ill health, the premier ki Ahuriri Report, Wai 201. Wellington: was said to have still undertaken work Legislation Direct. https://forms.justice and carried out talks with prospective .govt.nz/search/Documents/WT/wt_DOC diplomatic and development partners. _68598011/Wai201.pdf Niue’s application to become a ———. 2019. Hauora: Report on Stage member of the adb was accepted, One of the Health Services and Outcomes which was a historical decision Kaupapa Inquiry. -
An Update on Pacer-Plus – Where Do We Go from Here?
. An Update on PACER Plus – Where Do We Go from Here? . Paga Hill Community Forcibly Evicted in the Lead-up to APEC 2018 . Part 2 - Can Solar Power Give the Pacific a Brighter Future? ** ** AN UPDATE ON PACER-PLUS – WHERE DO WE GO FROM HERE? In the previous issue of Pacific Outlook, Alison Healey provided us with an overview of the comprehensive free trade agreement, PACER-Plus. Since then there have been significant developments so we felt it pertinent to provide an update. At the end of May, the full text of PACER-Plus was finally made public. According to Maureen Penjueli, Coordinator of the Pacific Network on Globalisation (PANG), “This is in no way a 'development agreement' as it has been spun by the region’s two biggest neighbours and…[the] people and their elected representatives have a right to know why.” In early June, Vanuatu announced that it would not be signing the agreement as the Council of Ministers required “more time to assess the benefits of PACER-Plus to Vanuatu and what the country will lose if it signs the Agreement.” Vanuatu was the third country to withdraw from the negotiations. In August 2016, Papua New Guinea (PNG) declared that it “would disengage with regional negotiations, stressing that based on assessments PACER-Plus would be a disadvantage for its economy.” PNG’s Trade Minister Richard Maru said, “We are not signing PACER-Plus in its current form because the move to remove tariff and duty will kill our manufacturing sector.” In September 2016, the Fijian Government expressed concerns over two critical issues within the Agreement - infant industry protection and the most-favoured-nation clause. -
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. -
Cook Islands
Cook Islands The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) is a landmark trade and development agreement that aims to create jobs, raise standards of living and encourage sustainable economic development in the Pacific region. What is the purpose of the agreement? PACER Plus aims to strengthen economic growth prospects of the Forum Island Countries through: • Targeted capacity building and strengthening export capabilities • Improving access opportunities for doing business in the region • Increasing the attractiveness of the region for trade and investment Who are the partners to the agreement? Eleven Pacific Island Forum countries are signatories meeting on Pacific Labour Mobility (the ‘PLMAM’), which to the agreement: Australia, Cook Islands, Kiribati, will become the principal forum for advancing regional Nauru, New Zealand, Niue, Samoa, Solomon Islands, labour mobility initiatives including: Tonga, Tuvalu and Vanuatu. All Pacific Island Forum • Building institutional capacity of agencies that members are encouraged to join in the future. manage labour mobility • Promoting and improving current visa categories to Why is the agreement important to facilitate greater circulation of temporary workers the Cook Islands? • Tertiary vocational education and training; and PACER Plus provides a valuable opportunity to deepen regional trade and economic integration in the Pacific, • Recognition of qualifications and registration of increasing regional trade, investment and labour flows occupations and thereby growing -
Political Reviews
Political Reviews michael lujan bevacqua, elizabeth (isa) ua ceallaigh bowman, zaldy dandan, monica c labriola, nic maclellan, tiara r na'puti, gonzaga puas peter clegg, lorenz gonschor, margaret mutu, salote talagi, forrest wade young 187 number of representatives of the ter- Islands, Hawai‘i, Norfolk Island, ritory in the Paris National Assembly and Senate and to create term limits Wallis and Futuna are not included in for the president of French Polynesia this issue. and the mayors of municipalities. French Polynesia These proposals met with protests across the local political spectrum The period under review was one of (otr, 26 June, 7 July 2018). mixed messages. On one hand, French Even more controversial was Polynesia’s reconnection with the rest the clause recognizing the effects of of Oceania is accelerating, symbolized nuclear testing that was to be inserted by an important business proposal into the updated organic law of with shareholders from other Polyne- French Polynesia. After first recogniz- sian countries. On the other hand, the ing the territory’s “contributions to French state’s repressive colonial poli- nuclear deterrence and defense of the cies continue unabatedly: Just as an nation,” the clause then states that old act of arbitrary colonial injustice compensation by the French state for from the 1950s was finally revised, irradiation victims will be defined new acts were committed, with the by law and that the French state will French judiciary removing the pro- provide adjustments for structural and independence opposition leader from economic imbalances caused in conse- the political scene and prosecuting him quence of the tests (Légifrance 2019). -
Why Is the Agreement Important to Niue? Labour Mobi
Niue The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) is a landmark trade and development agreement that aims to create jobs, raise standards of living and encourage sustainable economic development in the Pacific region. What is the purpose of the agreement? PACER Plus aims to strengthen economic growth prospects of the Forum Island Countries through: • Targeted capacity building and strengthening export capabilities • Improving access opportunities for doing business in the region • Increasing the attractiveness of the region for trade and investment Who are the partners to the agreement? Eleven Pacific Island Forum countries are signatories to the agreement: Australia, Cook Islands, Kiribati, meeting on Pacific Labour Mobility (the ‘PLMAM’), which Nauru, New Zealand, Niue, Samoa, Solomon Islands, will become the principal forum for advancing regional Tonga, Tuvalu and Vanuatu. All Pacific Island Forum labour mobility initiatives including: members are encouraged to join in the future. • Building institutional capacity of agencies that manage labour mobility Why is the agreement important to • Promoting and improving current visa categories to Niue? facilitate greater circulation of temporary workers PACER Plus provides a valuable opportunity to deepen • Tertiary vocational education and training; and regional trade and economic integration in the Pacific, increasing regional trade, investment and labour flows • Recognition of qualifications and registration of and thereby growing the private sector, creating jobs -
WT/TPR/S/409/Rev.1 1 June 2021 (21-4525) Page
WT/TPR/S/409/Rev.1 1 June 2021 (21-4525) Page: 1/99 Trade Policy Review Body TRADE POLICY REVIEW REPORT BY THE SECRETARIAT TONGA Revision This report, prepared for the second Trade Policy Review of Tonga, has been drawn up by the WTO Secretariat on its own responsibility. The Secretariat has, as required by the Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), sought clarification from Tonga on its trade policies and practices. Any technical questions arising from this report may be addressed to Mr Sergios Stamnas (phone: 022 739 5382); Mr Rosen Marinov (phone: 022 739 6391); and Ms Ana Cristina Molina (phone: 022 739 6060). Document WT/TPR/G/409 contains the policy statement submitted by Tonga. Note: This report was drafted in English. WT/TPR/S/409/Rev.1 • Tonga - 2 - CONTENTS SUMMARY ........................................................................................................................ 7 1 ECONOMIC ENVIRONMENT ........................................................................................ 11 1.1 Main Features of the Economy .....................................................................................11 1.2 Recent Economic Developments ...................................................................................13 1.2.1 Overview ................................................................................................................13 1.2.2 Monetary and exchange rate policy ............................................................................15 -
Working Paper Series
Australian Council for International Development - Institute for Human Security Working Paper Series ISSN 1838 - 6326 (Print) ISSN 1838 - 6334 (Online) Working Paper # 1 2010 Wesley Morgan, Roshni Sami, Claire Rowland and David Legge The Australian Council for International Development (ACFID) is the peak council for Australian non- government organisations (NGOs) working in the field of international aid and development. This report is intended to contribute to the debate about human rights and trade in the developing countries of the pacific region. ACFID has more than 70 members operating in over 100 developing countries. The Millennium Development Goals (MDGs) are central to our activities and goals. ACFID administers a rigorous Code of Conduct. The Code represents the active commitment of 118 overseas aid and development agencies to conduct their activities with integrity and accountability. The Institute for Human Security at La Trobe University is a university-wide institute. The concern for human security in its broadest definition has a long history at La Trobe University and the Institute for Human Security seeks to enable, enhance and co-ordinate discussion, research, and concrete policy advice from university staff and students across the university for dissemination in academia, the policy sector and to the general public. In 2009 the Institute for Human Security co-hosted a very successful conference on the Millennium Development Goals with ACFID, supported by AusAID (The Australian Agency for International Development), and we are continuing this cooperation with the Development Network, an interdisciplinary network for academics, practitioners and policy makers interested in international development, of which this publication is one outcome.