Browsing by Author "Lowen, Koreen"

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Open Access
Cut And Run: The Legacy Of Rio Tinto And The Mine At Panguna
(Te Herenga Waka—Victoria University of Wellington, 2022) Lowen, Koreen; Boast, Richard
Indigenous peoples have historically gained little from large-scale resource development on their traditional lands. Instead, their societies, culture, and economies have suffered from the negative impacts. During recent decades indigenous groups and their allies have fought hard to change this situation. In some cases, by opposing development entirely, in others by seeking a fundamental change in the distribution of benefits received from resource exploitation. A range of approaches, have been used. These include efforts to win greater recognition of indigenous rights in international fora, and advocating for legislation which recognises indigenous land rights and protects indigenous culture. Indigenous groups have also launched litigation in national and international courts, and taken direct political action often supported by non-governmental organisations. In response to these initiatives, companies that undertake large-scale resource exploitation have sought to address concerns regarding the impact of their activities on indigenous peoples. They have adopted voluntary “corporate social responsibility" (CSR) policies. This paper examines the issues for indigenous groups seeking compensation for the negative impacts of extractive industries with reference to the Panguna mine in Bougainville. It concludes that the current legal framework is insufficient to meet the complex factors at play in Bougainville and outlines some areas for further reflection. In the end, when considering the path towards independence in the Bougainville, resolving the legacy of Rio Tinto and the Panguna mine will be crucial.
Open Access
An Eye, An Ear And A Voice: New Zealand’s Role As A Small State In International Nuclear Non-Proliferation Negotiations
(Te Herenga Waka—Victoria University of Wellington, 2022) Lowen, Koreen
The geostrategic picture is changing and human security is declining. This is leading to instability in a range of areas. Diplomats from small states participating in international treaty negotiations are also facing these challenges. In order to ensure they aren’t sidelined small states rely on the rule-based international order and develop strategies for overcoming their smallness. Within this context, this paper explores the role of small states in international treaty negotiation and focuses on New Zealand’s role in the negotiation of the Treaty on the Prohibition of Nuclear Weapons. The paper concludes that while there are challenges associated with size, strategies are available to small states to assist them in overcoming those challenges. Further, the size of a state is no longer the definitive measure of power and influence in international treaty negotiation.
Open Access
Preventative Detention: A Necessary National Security Tool
(Te Herenga Waka—Victoria University of Wellington, 2021) Lowen, Koreen
In the last 20 years governments around the world have asserted that the threat of terrorism requires the adoption of preventative detention strategies to authorise the detention of terrorism suspects before they carry out their intended actions. In Australia, the United Kingdom and Canada, parliaments have amended their respective criminal codes to authorise preventative detention in cases of terrorism. This paper examines the preventative detention strategies employed in those jurisdictions, as well as the human rights implications and interaction between the criminal law and terrorism law. It then examines the preventative detention measures adopted in all three jurisdictions including the safeguards to in place to ensure restrictions are consistent with the fundamental principles and values underlying the criminal justice system and human rights obligations relevant in those jurisdictions. Finally, the paper outlines some of the policy challenges which remain to be addressed if New Zealand considered the introduction of preventative detention.