Browsing by Author "Sukwianomb, Sheila"

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Open Access
Mediation in the Pacific: Resolving cross-border commercial disputes
(Te Herenga Waka—Victoria University of Wellington, 2016) Sukwianomb, Sheila; Butler, Petra
Mediation is developing and increasingly becoming one of the most popular modes for resolving international commercial disputes worldwide. In the Pacific, mediation has also been introduced to resolve disputes and lessen the burden of the Courts with case backlogs and assist in the improvement of the business environment in the Region. Prior to the introduction of western systems of resolving disputes such as litigation, arbitration and mediation, Pacific Island Countries had their own traditional methods of resolving customary disputes. This paper therefore aims to study these methods and determine whether mediation is culturally fitting and whether mediation is the appropriate mode to resolve commercial disputes or cross-border commercial disputes in these countries. Further, it will address whether introducing more traditional customs into the mediation rules that were introduced and developing the rules to suit these societies, would have any benefits in resolving commercial disputes.
Open Access
Settlement payments in Papua New Guinea - Are they Just or Unjust?
(Te Herenga Waka—Victoria University of Wellington, 2016) Sukwianomb, Sheila
This paper discusses and analyses settlement payments paid to customary landowners in Papua New Guinea by the State for the acquisition of their customary land prior to Independence. These payments had been introduced after customary landowners had raised their grievances over the low purchase prices that they had been allegedly paid by the early European settlers and the colonial administration over their customary land. They are statutorily fixed payments provided under the National Land Registration Act 197. However, since the introduction of these payments, the State has encountered a number of problems. The main problems are firstly that customary landowners are still dissatisfied with the amounts paid and therefore continuously demanding further payments. Secondly, the National Land Commission which was established to administer the process of facilitating these payments under the National land Registration Act is not performing its functions effectively. Therefore this paper aims to study the historical reasons behind introducing these payments and argues that based on the current problems that the State is experiencing with paying landowners’ settlement payments it should consider whether or not to continue to pay customary landowners.