Academic literature on the topic 'Torres Strait Treaty'
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Journal articles on the topic "Torres Strait Treaty"
1
Kaye, Stuart. "The Torres Strait Treaty: A Decade in Perspective." International Journal of Marine and Coastal Law 9, no. 3 (1994): 311–36. http://dx.doi.org/10.1163/157180894x00188.
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Brolan, Claire E., Susan J. Upham, Peter S. Hill, Graham Simpson, and Stephen D. Vincent. "Borderline health: complexities of the Torres Strait treaty." Medical Journal of Australia 195, no. 9 (November 2011): 503–5. http://dx.doi.org/10.5694/mja11.10327.
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Corrin, Jennifer. "On the Borderline: Who Is a “Traditional Inhabitant” under the Torres Strait Treaty?" Law and Development Review 13, no. 1 (February 25, 2020): 1–29. http://dx.doi.org/10.1515/ldr-2019-0002.
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AbstractThe Torres Strait Treaty between Australia and Papua New Guinea (“PNG”) came into force in 1985. This unique treaty, which defines the maritime, seabed and fisheries boundaries between Australia and PNG, is recognised as one of the most complex, but imaginative maritime delimitation solutions in existence. The Treaty creates a Protected Zone with a view to safeguarding the traditional way of life and livelihood of traditional inhabitants of the Torres Strait and adjacent coast of PNG. Traditional inhabitants are allowed relatively unrestricted cross-border movement into the Protected Zone for the purpose of performing traditional activities. “Traditional inhabitants” are defined by the treaty, but the relevant provision is ambiguous and the question of who is within the terms of the Treaty is highly contentious. The problem is exacerbated by the competing layers of law which govern the Strait and surrounding Borderlands, and by the dissonance between State law, customary laws, and the practical application of the Treaty. This paper looks at the meaning of “traditional inhabitants” and some of the other issues surrounding this question.
4
Hobbs, Harry. "A Queensland treaty: Current steps and potential challenges." Alternative Law Journal 45, no. 1 (November 28, 2019): 25–30. http://dx.doi.org/10.1177/1037969x19891709.
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Last year Queensland joined Victoria and the Northern Territory in formally committing to a conversation about a treaty with Aboriginal and Torres Strait Islander peoples. This article explains what a treaty is, outlines the processes undertaken thus far, situates it within the broader national context, and explores several challenges moving forward.
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Pitcher, C. Roland, Darren M. Dennis, and Timothy D. Skewes. "Fishery-independent surveys and stock assessment of Panulirus ornatus in Torres Strait." Marine and Freshwater Research 48, no. 8 (1997): 1059. http://dx.doi.org/10.1071/mf97199.
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The Torres Strait lobster fishery differs culturally and ecologically from other Australian lobster fisheries. Ornate rock lobsters (Panulirus ornatus) have been fished by the inhabitants of Torres Strait for centuries, and commercial fishing began in the late 1960s. The fishery is a major source of income for Torres Strait Islanders, and the aim of management is to balance the needs of traditional and commercial users under a treaty between Australia and Papua New Guinea. In 1989, the absolute abundance of lobsters in the main fishing grounds was estimated by a visual census and a simple assessment was made. Since then, annual fishery-independent surveys of the relative stock abundance, and catch sampling, have contributed to the development of a simple cohort dynamics model of the fishery; for a range of fishing mortalities, it estimates the potential yield and percentage escapement and has provided annual assessments of the status of the stock and potential yield one year in advance— information valuable for managers considering development options and negotiating catch-sharing agreements and access rights. Future research will develop the model by incorporating information from ongoing surveys, catch recording, and logbook data from the Australian and Papua New Guinean fisheries.
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Busilacchi, Sara, James Butler, Ingrid Van Putten, Yiheyis Maru, and Joseph Posu. "Asymmetrical Development across Transboundary Regions: The Case of the Torres Strait Treaty Region (Australia and Papua New Guinea)." Sustainability 10, no. 11 (November 14, 2018): 4200. http://dx.doi.org/10.3390/su10114200.
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While there is much theoretical study of the evolution of border disparities, there is little empirical analysis of development asymmetries across border regions, and their causes or solutions. Often disparities among countries hinder the ability of transboundary agreements and other development initiatives to generate sustainable development. This study quantifies development progress amongst communities in Australia and Papua New Guinea (PNG) covered by the Torres Strait Treaty, 26 years after its inception. Using regional census data from 2011 we found contrasting patterns of human development, with markedly poorer education levels in PNG. This asymmetry was confirmed by a Human Development Index of 0.735 for the Torres Strait and 0.270 for the neighbouring province in PNG. From a survey of 1089 PNG households in 2012–2013 we calculated that 63% of people in the villages were multidimensional poor, and 28% were ‘vulnerable to poverty’. Poverty was positively correlated with poor health, which has implications for the control of tuberculosis in the region. While Treaty provisions may have reduced poverty amongst some PNG villages closest to Australian communities, development initiatives by Ok Tedi mine in compensation for its environmental impacts have not. Our study highlights the causes of the sustainable development gap between PNG and Australian communities, and the necessity for transboundary agreements and institutions to have the capacity to adapt to their unintended consequences and rapid global change.
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Gussen, Benjamen Franklen. "Recommendations on the Optimal Constitutional Recognition of the First Nations in Australia." Deakin Law Review 24 (August 30, 2019): 213–30. http://dx.doi.org/10.21153/dlr2019vol24no1art875.
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This note extends my previous analysis of the constitutional recognition of Aboriginal and Torres Strait Islander Peoples (‘First Nations’) by providing guidance on the optimal approach for this recognition. The guidance is founded on the concepts of efficiency and equity. An optimal recognition is defined as one that achieves both objectives simultaneously. Efficiency flows from a dynamic recognition that changes over time relatively easily, as exemplified by a treaty-based approach. The equity criterion has, as a proxy, legal pluralism, whereby constitutional recognition enlivens ‘Indigenous jurisprudence’ through mechanisms such as self-governance. The proposal is to combine efficiency and equity by guaranteeing the collective rights of Indigenous Australians in accordance with universally recognised principles and norms of international law, such as the UN Declaration on the Rights of Indigenous Peoples (for which the Commonwealth of Australia announced its support in 2009). This in turn is likely to guide a treaty-based approach to the relationship between the Commonwealth and First Nations that can evolve towards legal pluralism.
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Butler, James R. A., Sara Busilacchi, and Tim Skewes. "How resilient is the Torres Strait Treaty (Australia and Papua New Guinea) to global change? A fisheries governance perspective." Environmental Science & Policy 91 (January 2019): 17–26. http://dx.doi.org/10.1016/j.envsci.2018.10.005.
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Ban, Paul. "The Influence of Indigenous Perspectives of “Family” on some aspects of Australian & New Zealand Child Welfare Practice." Children Australia 18, no. 1 (1993): 20–22. http://dx.doi.org/10.1017/s1035077200003291.
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This article is written by a non indigenous person who has spent a number of years working with Torres Strait Islanders and is currently working in Victoria on a project that has its origins in Maori child care practice. The author has found that his work as a white social worker has been markedly influenced by contact with both Torres Strait Islander and Maori culture, and considers that this effect has been both positive and beneficial. White social workers for a number of years have been guilty of implementing an assimilationist policy where Governments treat indigenous people as though they are the same as white Australians. While this can be considered an equal treatment model, this policy and practice has been detrimental to the unique contribution indigenous people can provide to social work knowledge and understanding of child care practices. This article intends to share some insight into both these cultures and to hopefully influence readers to be more open when considering their dealings with indigenous people. Particular attention will be given to Torres Strait Islanders as they are indigenous Australians, with additional reference made to the influence of the Maoris in New Zealand.
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Miller, Geoffrey, Robyn McDermott, Brad McCulloch, Dympna Leonard, Kerry Arabena, and Reinhol Muller. "The Well Person's Health Check: a population screening program in indigenous communities in north Queensland." Australian Health Review 25, no. 6 (2002): 136. http://dx.doi.org/10.1071/ah020136b.
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The National Indigenous Australians Sexual Health Strategy 1996-97 to 1998-99 provided the impetus and resources to assess the health of the large population of Aboriginal and Torres Strait Islander people living in rural and remote communities in northern Queensland, Australia. This paper describes the development, implementation and results of a community based screening program designed to detect and treat sexually transmissible infections and a range of non-communicable conditions and attendant risk factors. The Well Person's Health Check, conducted between March 1998 and December 2000,demonstrated a high prevalence of largely preventable health problems and initiated the development of a sustainable early detection strategy for the region.
Dissertations / Theses on the topic "Torres Strait Treaty"
1
Arthur, William Stewart, and William Arthur@anu edu au. "Torres Strait Islanders and Autonomy: a Borderline Case." The Australian National University. Crawford School of Economics and Government, 2006. http://thesis.anu.edu.au./public/adt-ANU20070612.114556.
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During 1996 and 1997 an Australian parliamentary committee conducted an inquiry into greater autonomy for Torres Strait Islanders, but by 2000 the future of the issue seemed unclear. This thesis explores what the notion of autonomy has meant for Torres Strait and for Torres Strait Islanders in the past, and what it might mean in the future. The thesis uses material from the period before European contact to just after the end of the parliamentary inquiry.
¶
Several analytical tools were utilised to explore the concept of autonomy. Major among these to propose and then analyse the relationship between autonomys economic and political components. The thesis also introduces the paired concepts of negative and positive autonomy to provide a counterpoint to ideas of welfare colonialism. Cross cutting these economic and political elements is a consideration of both regional and corporate forms of autonomy. The thesis argues that it is necessary to consider the factors which people can use to legitimise a case for autonomy and these are identified and discussed.
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Although previous research and historical material are utilised, unique parts of the thesis include an analysis of: the formal submissions and hearings associated with the parliamentary inquiry; the Torres Straits location between Australia and Papua New Guinea; and the Straits small-island make-up. In this latter regard, comparisons are made with models and examples of autonomy found in small island states and territories in the Pacific.
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The findings include that we must consider two groups of Torres Strait Islanders, those in Torres Strait and those on mainland Australia. Whereas those in the Strait have been able to legitimise a case for a form of autonomy those on the mainland have not. Islanders in the Strait have achieved a degree of regional autonomy; those on the mainland are unable to make a case to be part of this regional autonomy, or to achieve a form of corporate autonomy. The status of Islanders in the Strait is influenced by several factors including the Straits location on the border with Papua New Guinea, the associated Treaty with that country, and the nature and the accessibility of the in-shore fishery. A major finding however is that although Islanders have achieved a degree of regional political autonomy, which may be progressed yet further, they have been unable to embrace non-Indigenous people within this. Their present aspiration for regional political autonomy therefore is limited to one that would apply only to Indigenous-specific affairs. This stands in some conflict with their aspiration for regional economic autonomy which would include their control over the entire regional fishery which they presently share with non-Islanders.
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Though Islanders have achieved some degree of political autonomy, they depend on substantial government financial transfers to the region. Despite this they have also achieved some economic autonomy, particularly through being involved in the regions fishery. Juxtaposing negative and positive autonomy with political and economic autonomy shows that a dependence on government economic transfers does not preclude gains in political autonomy. This can be contrasted with the notion of welfare colonialism.
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De, Costa Ravindra Noel John. "New relationships, old certainties Australia's reconciliation and treaty-making in British Columbia /." Connect to this title online, 2002. http://adt.lib.swin.edu.au/public/adt-VSWT20050627.092937/.
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Burn, Geoffrey Livingston. "Land and reconciliation in Australia : a theological approach." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/117230.
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This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to understand what is happening, and what can be done to resolve the problems for the peoples of Australia and the land, have been the implicit drivers for the theological development in this thesis. This thesis argues that the present generation in any trans-generational dispute is likely to continue to sin in ways that are shaped by the sins of the past, which explains why Indigenous peoples in Australia find themselves in a stage of siege, even when the non-Indigenous peoples are trying to pursue policies which they believe are for the welfare of all. The only way to resolve this is for the peoples of Australia to seek reconciliation. In particular, the non-Indigenous peoples need to repent, both of their own sins, and the sins of their forebears. Reconciliation processes have become part of the international political landscape. However, there are real concerns about the justice of pursuing reconciliation. An important part of the theological development of this thesis is therefore to show that pursuing reconciliation establishes justice. It is shown that the nature of justice, and of repentance, can only be established by pursuing reconciliation. Reconciliation is possible because God has made it possible, and is working in the world to bring reconciliation. Because land is an essential part of Indigenous identity in Australia, the history of land in court cases and legislation in Australia over the past half century forms an important case study in this work. It is shown that, although there was significant repentance within the non-Indigenous legal system in Australia, the degree of repentance available through that legal system is inherently limited, and so a more radical approach is needed in order to seek reconciliation in Australia. A final chapter considers what the non-Indigenous people of Australia need to do in order to repent.
4
Arthur, Bill (W S. ). "Torres Strait Islanders and Autonomy: a Borderline Case." Phd thesis, 2005. http://hdl.handle.net/1885/45747.
Full textAbstract:
During 1996 and 1997 an Australian parliamentary committee conducted an inquiry into greater autonomy for Torres Strait Islanders, but by 2000 the future of the issue seemed unclear. This thesis explores what the notion of autonomy has meant for Torres Strait and for Torres Strait Islanders in the past, and what it might mean in the future. The thesis uses material from the period before European contact to just after the end of the parliamentary inquiry. Although previous research and historical material are utilised, unique parts of the thesis include an analysis of: the formal submissions and hearings associated with the parliamentary inquiry; the Torres Strait’s location between Australia and Papua New Guinea; and the Strait’s small-island make-up. In this latter regard, comparisons are made with models and examples of autonomy found in small island states and territories in the Pacific. The findings include that we must consider two groups of Torres Strait Islanders, those in Torres Strait and those on mainland Australia. Whereas those in the Strait have been able to legitimise a case for a form of autonomy those on the mainland have not. Islanders in the Strait have achieved a degree of regional autonomy; those on the mainland are unable to make a case to be part of this regional autonomy, or to achieve a form of corporate autonomy. The status of Islanders in the Strait is influenced by several factors including the Strait’s location on the border with Papua New Guinea, the associated Treaty with that country, and the nature and the accessibility of the in-shore fishery. A major finding however is that although Islanders have achieved a degree of regional political autonomy, which may be progressed yet further, they have been unable to embrace non-Indigenous people within this. Their present aspiration for regional political autonomy therefore is limited to one that would apply only to Indigenous-specific affairs. This stands in some conflict with their aspiration for regional economic autonomy which would include their control over the entire regional fishery which they presently share with non-Islanders.
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Murphy, Kevin Michael. "The cultural organisation of social difference and relatedness at the border between Australia and Papua New Guinea." Phd thesis, 2012. http://hdl.handle.net/1885/141067.
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This thesis analyses the field of social relations affected by
the international
border between Australia and Papua New Guinea, focussed primarily
on the
people from the Papua New Guinea side. The location of the border
and
conditions for interaction across it are set down in the Torres
Strait Treaty, which
contains provisions allowing people defined as “traditional
inhabitants” of the
border region “free movement” across the border when they are
engaged in
“traditional activities.”
I argue that the interpretation and enforcement of the
traditional inhabitant
provisions of the Torres Strait Treaty by agents of the
respective nation states
has generated a paradox in its application: the deployment of the
notion of
“tradition” in the classification of subjects and the
regulation and restriction of
their activities depends on a conceptualisation of the individual
person and
presuppositions about the nature of sociality that are at odds
with the dominant
form of sociality among the people whose traditions are invoked.
Over the years since the Treaty came into effect there has been
an increasing
discrepancy in the material standard of living on opposite sides
of the border,
and Torres Strait Islanders are now relatively affluent by
comparison with their
Papuan neighbours. This change in economic conditions has made
the prospect
of visiting the Torres Strait Islands increasingly attractive for
Papuans, but the
government response has been to narrow the categorical
interpretation of the
traditional inhabitant provisions so that they function to
exclude many people
who believe they should be classified as traditional inhabitants.
This has created
conditions for competition and rivalry between Papua New Guinean
groups over
inclusion in and exclusion from the traditional inhabitant
category; and
contestation over the interpretation of what counts as a
traditional activity, with
a central role played by agents of the Australian state.
Book chapters on the topic "Torres Strait Treaty"
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"The Torres Strait Treaty after 15 Years: Some Observations from a Papua New Guinea Perspective." In The Law of the Sea in the Asian Pacific Region, 171–80. Brill | Nijhoff, 1994. http://dx.doi.org/10.1163/9789004482203_013.
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Witting, Christian. "27. Principles of Compensation for Personal Injuries and Associated Losses." In Street on Torts. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198700944.003.0027.
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This chapter examines the principles of awards and damages for personal injuries and associated losses in tort law. It explains that damages are available to both surviving tort victims and to deceased estates. The personal injury damages available to living claimants include those for pecuniary losses and non-pecuniary losses, while for instances where the tort victim has died there are survival actions provided by the Law Reform (Miscellaneous Provisions) Act 1934 and another that treats the victim’s very death as the basis of the claim which is provided for by the Fatal Accidents Act 1976. This chapter also considers various alternative sources of compensation.
Conference papers on the topic "Torres Strait Treaty"
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Castelo, Adriano, David White, and Yinghui Tian. "Solving Downslope Pipeline Walking on Non-Linear Soil With Brittle Peak Strength and Strain Softening." In ASME 2017 36th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/omae2017-61168.
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In 2000 the first case of pipeline walking (PW) was properly documented when this phenomenon seriously impacted a North Sea high pressure and high temperature (HP/HT) pipeline (Tornes et al. 2000). By then, the main drivers of this problem were accordingly identified for the case studied. On the other hand, to study other aspects related not only to PW, the industry joined forces in the SAFEBUCK Joint Industry Project (JIP) with academic partners. As a result, other drivers, which lead a pipeline to walk, have been identified (Bruton et al. 2010). Nowadays, during the design stage of pipelines, estimates are calculated for pipeline walking. These estimates often use a Rigid-Plastic (RP) soil idealization and the Coulomb friction principle (Carr et al. 2006). Unfortunately, this model does not reflect the real pipe-soil interaction behavior, and in practice time consuming finite element computations are often performed using an Elastic-Perfectly-Plastic (EPP) soil model. In reality, some observed axial pipe-soil responses are extremely non-linear and present a brittle peak strength before a strain softening response (White et al. 2011). This inaccuracy of the soil representation normally overestimates the Walking Rate (WR) (a rigid plastic soil model leads to greater walking). A magnified WR invariably leads to false interpretations besides being unrealistic. Finally, a distorted WR might also demand mitigating measures that could be avoided if the soil had been adequately treated. Unnecessary mitigation has a very strong and negative effect on the project as whole. It will require more financial and time investments for the entire development of the project — from design to construction activities. Therefore, having more realistic and pertinent estimates becomes valuable not only because of budgetary issues but also because of time frame limits. The present paper will show the results of a set of Finite Element Analyses (FEA) performed for a case-study pipeline. The analyses — carried out on ABAQUS software — used a specific subroutine code prepared to appropriately mimic Non-Linear Brittle Peak with Strain Softening (NLBPSS) axial pipe-soil interaction behavior. The specific subroutine code was represented in the Finite Element Models (FEMs) by a series of User Elements (UELs) attached to the pipe elements. The NLBPSS case is a late and exclusive contribution from the present work to the family of available pipeline walking solutions for different forms of axial pipe-soil interaction model. The parametric case-study results are benchmarked against theoretical calculations of pipeline walking showing that the case study results deliver a reasonable accuracy level and are reliable. The results are then distilled into a simplified method in which the WR for NLBPSS soil can be estimated by adjusting a solution derived for RP and EPP soil. The key outcome is a genuine method to correct the WR resultant from a RP soil approach to allow for peak and softening behaviour. It provides a design tool that extends beyond the previously-available solutions and allows more rapid and efficient predictions of pipeline walking to be made. This contribution clarifies, for the downslope walking case, what is the most appropriate basis to incorporate or idealize the soil characteristics within the axial Pipe-Soil Interaction (PSI) response when performing PW assessments.