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"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"--
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
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.
This is the latest edition of Elizabeth Moys' classic reference work for law librarians. This edition will bridge a 10-year gap since the 4th edition. Substantial revisions will be made including extended coverage to feature new areas, resulting in a more comprehensive and reliable book for law librarians which will help them to classify their law publications effectively. This edition has been revised and expanded by Diana Morris in conjunction with a team of contributing editors, who use the scheme daily. This publication is essential for law librarians or information workers with an interest in law librarianship, especially those who already use the Moys Classification Scheme in academic, corporate and other law libraries.
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.
Intellectual, biological and cultural property rights are a powerful and debatable topic. They offer the possibility for protection of rights to intangible resources, including the products of knowledge and creativity. The forces of globalisation have made this subject of immediate, international concern. Struggles for ownership of intellectual property occur between and within local and global arenas. This book examines important questions which Papua New Guinea must ask in the development of intellectual property legislation. The chapters are written by specialists in the fields of medicine, law, the environment, music, genetics and traditional cultural knowledge. The wise and creative protection of intellectual, biological and cultural property is important if Papua New Guinea is to successfully define and realise its future. This book is for all those interested in finding the best policies for protecting these rights wherever they may live and work.
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.