The information below is extracted from the Law Schools Introduction in 2004 and published on pngbuai.com. Contact the Law School Directly for the latest law degree program updates. The Law degree programs are re-published here for general information only.
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Introduction
Contact hour for all courses is 4 hours unless indicated otherwise for particular courses. Where course descriptions do not contain prerequisites, texts, assessment information, and names of the course lecturer, these will be supplied at the commencement of the semester in the course outline for each course.
Currently, the School has two Strands or Disciplines. They are the Law Strand and the Legal Clinical Programs (LCP) Strand.
- The Law Strand is responsible for the teaching of substantive Law courses and programs
- The LCP Strand is responsible for the teaching, development and administration of procedural and applied legal courses and programs, like the Diploma in Law (Prosecutions) (DLP) program.
However, both strands are responsible for teaching all courses in the LL.B degree and the LL.M (part course work and thesis) degree. Supervision for the PhD is also the School's responsibility in conjunction with the Centre for Research and Post-Graduate Studies.
Being the only Law School in the country, the School has graduated the majority of lawyers practising in Papua New Guinea. There is also a significant number of lawyers practising in the Solomon Islands and Vanuatu who have graduated from Law School.
BACHELOR OF LAWS
The program is spread over a four-year period. Students must complete 37 courses with an aggregate GPA of 1.50 to be awarded a degree. The compulsory courses cover both substantive and procedural aspects of the law.
During the final year of study, all students are required to complete and submit a Major Research Paper of up to 20,000 words, where which is designed to expose students to write up a topic after conducting individual research with minimal supervision by a staff supervisor.
The optional or elective units are usually law options. However, students are encouraged to take up to three non-law courses from other Schools in accordance with the spirit of the now implemented University restructure.
CLASSIFICATION OF THE LL.B DEGREE
The Law School has adopted a system of classifying the LL.B degree. A student who has obtained good grades throughout the study program will be awarded an Honours degree at the completion of her or his LL.B studies in the following classes:
- First Class Honours GPA 3.75 + (GPA)
- Second Class Honours (Division 1) 2.75 -3.74
- Second Class Honours (Division 2) 2.00 -2.74
- Pass (D average) 1.50 -1.99
DIPLOMA IN LAW (PROSECUTIONS)
This diploma targets people in the workforce handling work that involves investigations, compliance monitoring and enforcement, prosecution and such work that involves the application of the law.
Policemen, investigators, judicial staff, health inspectors and others are the targeted group.
Entry requirements
Generally, applicants are expected to be working in the above-stated work environment and must have matriculated with a GPA of 2.75.
Program of Study The program is usually spread over a period of two years. To be eligible to graduate, a candidate must complete seven compulsory law courses; two options in the LL.B program and the requisite Enrichment Studies course offered in the first year.
MASTER OF LAWS (LLM)
The Master of Laws Program is open to a person with an honours degree in law, or a person who has been admitted to practice law as a Barrister and Solicitor and who has appropriate degrees or professional qualifications.
The LL.M degree can either be by thesis only or part thesis and course work.
PNG Faculty of Law Course Descriptions
SEMESTER 1
5.10701 INTRODUCTION TO LAW
This course is designed as a general introduction to legal studies. The following topics will be considered: The role and nature of customary adjudication; the official legal system and its historical background; the nature of the common law and judicial process; the legislative process and the judicial interpretation of statutes; the adoption of the law in PNG; lawyers and legal services.
Contact Hours: 4 hours per week.
5.10702 CONSTITUTIONAL LAW
This course covers the general principles of constitutional laws and is concerned with the structure and basic concepts of a wide range of constitutions. The approach is comparative using examples from many countries around the world including an emphasis on the constitutions of the countries of the Pacific Region.
The topic covered include:
- The definition of a constitution, its purpose and characteristics, classifying the constitution, choices in constitution-making;
- evolution of constitutional government;
- the rule of law; Human rights; Constitutionalism;
- Principle Institutions of government;
- Institutions and procedures of major constitutional government;
- the doctrine of separation of powers;
- the doctrine of sovereignty;
- delegated legislation and
- interpretation of Constitutional laws.
The structure and basic concept of the PNG Constitution much of which were adopted from the Constitutional Planning Committee (CPC) reports and recommendations are also studied in this course.
The hierarchy of laws, State policy and main features of the state in PNG; major institutions of government; Accountability of major institutions of government. Human rights and freedoms; States of emergency; Enforcement of the constitution; Amendment and review of the constitution; Judicial interpretation of the constitution and overview of the operation of the constitution.
Contact Hours: 4 hours per week.
5.10703 CONTRACTS LAW I
An introduction to the history of the development of contract law and the context within which it operates in modern PNG. It covers the study of the principles underlying the law of contract in all its aspects including an examination of the following topics:
- The formation of contracts encompassing the phenomenon of agreement, consideration and contractual intention;
- the form of contracts and the contents of a contract and will intrude oral and written contracts; the parole evidence rule;
- exceptions to the parole evidence rule, representation;
- collateral contracts and implied terms; exclusion clauses;
- capacity to contract and
- the doctrine of privity.
A detailed study of the principles relating to interpretations of contracts and in particular as to who can enforce contracts and against whom.
This part of the course includes the following topics:- misrepresentation; duress; undue influence and unconscionable contracts; illegal contracts and contracts that are contrary to public policy; termination of contracts; and remedies available for breaches of contract.
5.20707 CRIMINAL LAW
This course covers the history of the criminal legislation of PNG its interpretation, and other introductory matters such as the role of custom as a component of the underlying law as an introduction and a detailed study of the general principles of criminal responsibility in Papua New Guinea, with particular reference to the Criminal Code and the defences under the Criminal Code.
It also gives a detailed study of the main criminal offences in Papua New Guinea. These include homicide, sexual offences, property offences, and drug offences. The issue of criminal attempts is also examined.
Contact Hours: 4 hours per week.
5.20708 LAW OF TORTS I
This course is a study of laws dealing with violations of certain privacy rights, causing damage or loss, and entitling the victim to seek redress or compensation. Topics in this segment will cover:
- purpose and function of tort law in contemporary society;
- impact of insurance;
- intentional wrongs against person and property including defences; and
- negligence - duty of care; breach of duty; damage and remoteness.
Contact Hours: 4 hours per week.
5.20709 COMMERCIAL LAW
This course is concerned with three aspects of Commercial Law. These aspects are the sale of goods, hire-purchase and agency.
This course covers
- Banking Law and Practice - which includes a discussion of types of banks and their roles, the banker/customer relationship, the duty of banker to third parties, the operation of trust accounts, and rules relating to cheques;
- Negotiable Instruments - which examines bills and promissory notes, and rights and liabilities under an instrument;
- Insurance Law - which examines the classes and types of insurance policies including a discussion of professional indemnity, the nature of a contract of insurance, the principles governing a contract of insurance, in particular, the requirement of insurable interest and the doctrine of disclosure, the principles of indemnity and subrogation, and agency in insurance;
- Insolvency Law - deals with the object of insolvency, acts of insolvency, adjudication proceedings, proof of debts, the role and duties of a receiver, and liquidation of business associations.
Contact Hours: 4 hours per week.
5.20710 LAND TENURE LAW
The principal objective of this course is to discuss the doctrinal or jurisprudential basis of alienated or non-customary land in PNG. It begins with a consideration of the historical development of mainly English concepts of land tenure and estates and the colonial instruments and processes which facilitated their introduction into PNG.
However, although there are two categories of alienated land, namely Government and privately owned freehold land, consideration of the relevant legal principles and concepts as are applicable in the country are limited to the latter.
The course covers fundamental principles and conceptions of land such as its definition and what legal interests and estates can be attached to or created over land. It discusses the doctrines of tenure and estate, the creation and determination of co-ownership interests over land, private licenses, leases and tenancies, mortgages and land registration.
It is also more problem-solving oriented and to a large extent emphasises the language and concepts of property law. Policy issues of land tenure in this country will feature less in this course.
Naturally, students of law are expected to approach the course with an analytical and critical mind so that, where appropriate, possible reforms of the current law are considered.
Contact Hours: 4 hours per week.
5.30714 JURISPRUDENCE
The following topics are discussed in this course:
- the philosophy of law and the schools of jurisprudence;
- the nature and definition of law;
- the relationship between law and justice;
- analysis of some fundamental legal concepts and some typical methods of legal reasoning;
- analysis of the judicial method.
In particular, this unit will explore the nature and role of law in a developing country such as PNG.
Contact Hours: 4 hours per week.
5.37702 LAW OF EVIDENCE
The course covers a wide range of topics generally dealing with the use of evidence in civil and criminal proceedings.
In particular, it is concerned with such things as:
- the sources of the law of evidence in PNG;
- the basis for the common law rules of evidence in the adversarial system of justice;
- the different kinds of evidence used to establish facts in courts;
- the ways in which evidence is taken in Court by way of examination in chief, cross-examination, and reexamination, and includes discussions on the use of documentary and affidavit evidence;
- the rules as to competence and compellability of witnesses;
- the burden of proof, the standard of proof and the needs for corroboration, accomplice evidence, privilege evidence and
- public interest immunity, spouse evidence and exclusionary rules.
Contact Hours: 4 hours per week.
5.37703 CIVIL PROCEDURES & REMEDIES
A study of Civil Procedure and Remedies in accordance with the National Court Rules. Topics covered include:
- The relevant legislation guiding the civil process including the District Court Act and National Act and Rules;
- Orders 3 to 17, the procedure to follow when commencing a civil claim in both District Court and National Court;
- by Writ and Originating Summons, pleadings;
- service, interlocutory process, including consideration of interlocutory applications, injunctions, discovery, interrogatories, admissions, default judgements, summary judgements and striking out, Trial without pleadings, Judgements and Orders;
- Appeal and Judicial Review.
Contact Hours: 4 hours per week. Prerequisite: 5.20708; 5.20711; 5.10701
5.40715 MAJOR RESEARCH PAPER
This is a year-long compulsory course taken in the final year of the LLB Program. The objective of the Research Paper is to develop in students a capacity to conduct research on a topic of one's choice and to write up on the chosen topic.
In doing so, the student must be able to isolate the issues, or problems of the study, seek and assemble relevant material, analyze this material in terms of the issues identified, and marshall the material around the issues identified.
Students have the option of choosing their topics of inquiry or selecting one from a list that will be made available at the beginning of the academic year. Contact hours: 4 hours per week.
OPTIONAL COURSES
5.30716 INTERNATIONAL LAW
The topics covered in this course include:
- origin, nature and sources of international law; the interaction between international law and municipal law; codification of International law;
- statehood and sovereignty; international and state practice relating to the recognition of states and governments, legal nature of territory of states; legal status of mandated and trust territories;
- United Nations and international peace and security;
- rules relating to disarmament; universal and regional attitudes to human rights;
- issues in treaty - making; status of air space and outer space;
- concepts of the territorial sea; contiguous zone; regimes or innocent passage in territorial sea and transit passage in straits;
- doctrine of the continental shelf;
- freedom of the high seas;
- hot pursuit; and
- diplomatic and consular immunities.
Contact hours: 4 hours per week.
5.30717 CRIMINOLOGY & PENELOGY
The course presents an analysis of criminal deviance, examining theories of its genesis, social definition, maintenance, control and social consequences. This course is intended to give the student an opportunity to examine major theoretical and methodological issues in the study of crime and crime control.
Extensive reading will be an important part of the course because students will have to venture into a variety of branches of knowledge. It gives the students the benefit of understanding why the criminal justice system works with all agencies of entrusted to another criminal justice.
Contact hours: 4 hours per week.
5.30718 LAW OF INDUSTRIAL RELATIONS
This course involves a study of the law governing the relationship between employer and employee ie. the contract of employment; the implied terms and conditions governing the employment relationship; the law governing trade unions in PNG; Occupational Health and Safety at work and workers' compensation.
Contact hours: 4 hours per week.
5.30719 SUCCESSION LAW
The theory of inheritance; juridical basis of succession, the mechanics of property distribution - testate and interstate succession, probate law, family provisions and construction of will and revocation are covered in this course.
Contact hours: 4 hours per week.
5.40723 INTERNATIONAL TRADE LAW
The aim of the course is to expose the student to as much knowledge as possible about the legal rules, principles and institutions that govern international economic relations.
In particular, the course attempts to expose the roots of those rules, principles and institutions in the particular character of the system of international production and exchange, the international monetary system, international payment system and the place of PNG within that system.
An introductory analysis of the development of international trade and investment is followed by a study of: the legal structure of international trade GATT, WTO (post Uruguay Round), UNCTAD, regional economic groupings, commodity agreements, etc.; legal regulation of international finance and investment and the major players including the IMF and IBRD, etc.; and trans-national corporate strategy.
Contact hours: 4 hours per week.
5.40724 NATURAL RESOURCES LAW
The principal objective of the course is to introduce students to the basic legal concepts, principles and rules that govern the utilisation, management and sustainable use of national and shared stocks of Natural resources, particularly in the following areas; Fisheries, Forestry, Land, Water and Mining and Petroleum.
A brief examination of various international and regional treaties/conventions regarding the use and management of natural resources will also be made to ensure that students appreciate the degree of harmonisation of the rules, particularly when exploiting the natural resources within the Exclusive Fisheries Zone/Exclusive Economic Zone and the High Seas.
Contact hours: 4 hours per week.
5.40725 INTERNATIONAL HUMAN RIGHTS LAW
This course involves a study of the following topics:
- What are human rights: How can they be protected by international law?
- The present law and practice.
- United Nations Covenants.
- Why do human rights activities concentrate on civil, political economic and social rights?
- What are the enforcement and remedial mechanisms at international and domestic levels?
Particular attention will be paid to the Constitutional provisions and a study of how case can have evolved. One or more of the following case studies:
- Disappearances: their demography, causes, significance and control.
- Rights to work and organise. The International Labour Organisation.
- Racism: Its significance and international control.
- Mercenaries: Their use against and significance for small nations.
- The role of nongovernmental organisations.
- Is there a balance to be struck between human rights and economic development?
- What has this to do with PNG?
Contact hours: 4 hours per week.
5.40726 CONFLICT OF LAWS
Where a foreign element (such as nationality, place of an accident) is involved in private law cases, conflicts of jurisdiction and questions as to the applicability of the foreign law may be involved. The course examines the basic principles of Private International Law including recognition of foreign judgments, and internal conflicts within PNG, that is, conflicts between customary laws and the imported law.
Contact hours: 4 hours per week.
5.40727 LEGAL ASPECTS & INTERNATIONAL FINANCE & INVESTMENT
The course is aimed at exposing students to theories and practical issues in international finance and investment law.
The areas that are covered include legal issues relevant to financing import and export in the area of international trade, financing aspect in international commercial transaction law, letters of credit, transfer pricing and other corporate financing issues.
The other component of the course looks at international investment law areas such as foreign direct investment, investment by multi-Corporations, investments by virtue of acquisition of shares or total purchase of ownership rights on businesses off-shore. Various legislations in PNG are also looked at as PNG is becoming part of the global market in investment activities.
Contact hours: 4 hours per week.
5.40728 COMPANY & PARTNERSHIP LAW
This course provides an understanding of the basic concepts, principles, rules and procedures of modern company law.
In particular, students are exposed to the concepts of corporate personality and limited liability, the rules governing the raising and maintenance of capital and the legal duties imposed on company officials, especially directors, in the course of managing the company's affairs and business.
The Companies Act 1997 are studied in detail especially the statutory requirements stipulated thereunder, including financial reporting, disclosure, the role of the Registrar and liquidation and winding up.
It is expected that at the end of the course the students will have acquired sufficient knowledge to enable him/her, inter alia to incorporate a company, to provide legal advice on the various aspects of company management and administration, and identify and solve problems encountered in this area of the law.
Secondly, to provide an understanding of the main principles and the law of partnership and draw a distinction between Company Law and Partnership Law.
Contact hours: 4 hours per week.
5.40729 INTELLECTUAL PROPERTY LAW
This course covers a number of topics in industrial and intellectual property. The industrial property part will look at patents, trademarks and names. In the intellectual property part, the topics that will be covered include copyright and breach of confidence.
There is no patent legislation in PNG. Patent law in other countries is entirely legislation based. In the course, a brief survey of legislation in relevant jurisdictions is briefly examined before examining the pros and cons of having or not having a patent law that will require an examination of the broader policy considerations.
There is no copyright legislation in force in PNG (the Copyright Act 1978 has not been brought into force yet) and its treatment in the course is similar to the treatment of patent law. There is, however, a detailed examination of whether there could be copyright in PNG under the common law by virtue of the adoption by the Constitution of the common law and equity principles.
The part on trademarks and names looks at legislation while that on breach of confidence will involve the examination of the common law rules on the treatment of confidential information as property.
Contact hours: 4 hours per week.
5.40730 COMPANY LAW
This course is offered only to candidates for the Bachelor of Commerce and Bachelor of Economics as a supplementary to the core course in their respective programs.
The course is designed to provide an understanding of the legal principles and rules pertinent to a modern company. Particular emphasis will be placed on the concepts of legal personality, the attributes of corporate personality, limited liability, the raising and maintenance of capital, and the legal duties of directors, auditors and of other company officers.
Contact hours: 4 hours per week.
SEMESTER 2 5.10704 CONTRACT LAW II
This course is a continuation from 5.10703 Contracts Law I. where in this half of the course, the following principles of contract law will be covered: vitiating factors, illegal contracts, discharge of contracts and remedies for breaching contracts.
Contact hours: 4 hours per week
5.10705 CUSTOMARY LAW
This course is designed to introduce students to the basic principles of customary law and the rules for the recognition and application of customs in the legal system.
It focuses specifically on problems of the internal conflict of laws. Contact hours: 4 hours per week.
5.10706 PRINCIPLES OF EQUITY & TRUST
This course comprises two components, Principles of Equity and Trust.
1. Principles of Equity: In this component, the history, nature and principles of equity are examined. The relationship between equity and law is investigated. Equity's function as a corrective device to the law is emphasised.
The course draws on relevant case law to illustrate and demonstrate the relevance and application of the principles of equity in the dispensation of justice. Case law is invoked to demonstrate the adaptability of equity to confront current circumstances. The reception of equity into the "corpus juris" of Papua New Guinea is discussed.
2. Trust: In this component, the institution of trust is examined. Trusts are primarily about the preservation of wealth. It is a fiduciary relationship with respect to the property, subjecting the person by whom the property is held to equitable duties to deal with the property for the benefit of another person, which arises as a result of a manifestation to create it.
Candidates are introduced to the institution of trust, its practical application and the legal principles that govern trusts to a level enabling its application in practice environment.
Contact hours: 4 hours per week.
5.10507 LAW STUDY SKILLS AND LIBRARY RESEARCH
This course aims to teach proper and acceptable legal writing skills, and at the same time equipping students with the appropriate legal research skills using law websites on the w.w.w. and available legal information packed c.d roms such as Access to Law, and PNGinLaw.
Contact hours: 4 hours per week.
5.20711 LAW OF TORTS II
This course is a continuation of 5.20708 and examines the doctrine of strict liability; nuisance; occupiers liability; product's liability; employer's liability; defamation and other emerging torts including invasion of privacy, domestic and economic relations and abuse of legal process.
Contact hours: 4 hours per week.
5.27701 TRIAL PRACTICE & CRIMINAL PROCEDURE
This course introduces students to the Criminal Justice System of PNG. The course begins by introducing students to the various constitutional and legislative provisions which shape the Criminal Justice System as they relate to a defendant from arrest through to conviction, sentence and appeal.
Although some time will be spent on the philosophical, historical and comparative aspects of the justice system, the primary focus of the course is on the criminal practice and procedure.
Contact hours: 4 hours per week.
5.20712 LAND ADMINISTRATION & POLICY
This course is basically a historical analysis of land tenure and land policy in PNG. Customary land law is considered, in particular, the different ways in which customary land rights are created and transferred as well as the constraints which customary land law and tenure are said to place on development.
Reforms to customary land law and tenure are covered and the land mobilisation program. There has been a proposal to the registration of customary land which is also part of the ongoing Land Mobilisation program. Other aspects of this course include state land; government leases; freehold land and government controls over land dealings.
Contact hours: 4 hours per week.
5.20713 FAMILY LAW
Family Law is a compulsory course [emphasis added] for the LLB degree and is currently offered to second, third and fourth-year law students. First-year students are not eligible to take this course.
The family unit, however formed, is an important social institution in and an integral part of society as a whole. It is also a legal unit in respect of which the state also has an interest. Different systems of family law apply in our country. The legal regulation of family relations is subject to either customary law or the introduced law.
The course studies family law in its social setting and is especially concerned with the interaction between Western and customary conceptions and notions of family, marriage, breakdown of marriage such as desertion, nullity of marriage and its consequences including, in particular, those relating to custody of children and maintenance.
The course also considers the important issue of adoption both under custom and the introduced law. Most of the present laws have a foreign orientation and as such students will be expected to approach them with a critical attitude and to also consider them as the country continues to develop and change.
Contact hours: 4 hours per week.
5.27705 PRACTICE & PROCEDURE IN TRANSNATIONAL CRIME PROSECUTION
This is a skills-based course and is largely procedural in nature, in that it aims to equip students with the actual process and procedure in effecting prosecution of a crime that is transnational in nature.
The course covers all aspects of international cooperation, extradition and mutual assistance and introduces and students to the actual process and procedures between countries - i.e between PNG and the other countries with which PNG has entered bilateral, and multilateral arrangements.
Contact hours: 4 hours per week.
5.30715 ADMINISTRATIVE LAW
This course covers the historical outline of administrative law; study of the administrative process of executive and independent regulatory bodies; delegated legislation; the doctrine of ultra vires; principles of natural justice; judicial review; judicial and extra-judicial remedies. The course basically deals with the legal control of activity by government and public authorities from the point of view of the statutory and common law.
Contact hours: 4 hours per week.
5.40715 MAJOR RESEARCH PAPER
This is a year-long compulsory course taken in the final year of the LLB Program. The objective of the Research Paper is to develop in students a capacity to conduct research on a topic of one's choice and to write up on the chosen topic.
In doing so, the student must be able to isolate the issues, or problems of the study, seek and assemble relevant material, analyze this material in terms of the issues identified, and marshall the material around the issues identified.
Students have the option of choosing their topics of inquiry or selecting one from a list that will be made available at the beginning of the academic year.
Contact hours: 4 hours per week.
OPTIONAL COURSES 5.37704 LEGISLATIVE DRAFTING
This course is designed to give students an introduction to the basic principles and skills involved in legislative drafting. Topics covered include: legislative research techniques; preparation of instructions for legislative draftsmen; drafting of legislation; and the parliamentary process.
Contact hours: 4 hours per week.
5.30720 WOMEN & THE LAW
This course is concerned with the legal status of women in PNG. Analysis of women's rights and duties under constitutional law, statutory law, is undertaken.
An evaluation of law reform will be considered. Specific areas that are covered include: Constitutional provisions; concerns of equal opportunity and discrimination in employment law; family law; property and succession; population and fertility control; regulation of sexual conduct; and education.
Contact hours: 4 hours per week.
5.30721 BUSINESS LAW
This course is designed for non-law candidates. It is intended to enable candidates to appreciate the practical application of the law of contract in a modern business/commercial setting. Topics include the formation of contracts, contents of contracts, vitiating factors and remedies for breach of contracts. Subsidiary topics include the sale of goods, agency and employment contracts.
Contact hours: 4 hours per week.
5.30722 PROVINCIAL & LOCAL LEVEL GOVERNMENT & ADMINISTRATION LAW
This course is offered as one of the compulsory law courses for the LLB students in their undergraduate program. It is also offered to other disciplines as one of the enrichment courses.
One of the objectives of UPNG through the Law School is to meet the practical needs of the society from time to time rather than to conform to the teaching of its traditional law courses. The Constitutional Amendment No.16 of 1995 giving effect to the adoption of the new
Organic Law on Provincial and Local-level Governments repealing the old Organic Law on Provincial Governments, in turn, gave birth to the provincial reform system throughout PNG in 1995.
That subsequently warranted the Law School to introduce this course. The main aim of this course is to train the upcoming young lawyers and others who have been admitted into the LLB program to deal with some of those issues in their legal engagements upon going through the University education process.
Quite a substantive time is also taken in covering issues relating to intergovernmental organization, the idea of decentralization, which embraces distribution of powers & functions at all levels of the governments in their pursuit of providing basic goods and services to the people at the doorsteps; a primary purpose for which the provincial reform system had been introduced in PNG.
Contact hours: 4 hours per week.
5.40731 ENVIRONMENTAL LAW
The course aims to introduce to students the important issues underlying environmental law and policy, both in terms of legal analysis and policy-oriented perspective.
It focuses on highlighting ecological concepts and principles, environmental problems such as pollution and environmental degradation, by discussing various nature and modes of protection and preservation of air, land, water and the marine environment.
The course also covers legal aspects of environmental protection and administrative frameworks relating to
- the protection and conservation of the environment,
- enforcement of rights and remedies available to aggrieved party or parties by examining various legislations, example of which are as follows;
- Environmental Planning Act;
- Environmental Contaminants Act;
- Conservation Areas Act;
- Fauna (Protection and Control) Act;
- Dumping of wastes at sea Act; and
- water Resources Act.
Examples of international agreements, treaties, legislation and cases will also be included to broaden understanding of students taking the course.
Contact hours: 4 hours per week.
5.40732 MINING & PETROLEUM LAW
The principal aim of this course is to provide students with a thorough working knowledge of the laws which govern mining and petroleum activities in PNG.
Since these laws are developed to operate within a certain socio-economic framework, the discussion of the legal rules and principles focuses too on the political and economic forces which shape the law.
Contact hours: 4 hours per week.
5.40733 MARITIME LAW
The course covers the following areas with particular reference to United Nations Law of the Sea Convention 1982, regional and bilateral arrangements with an emphasis on international, regional and national practice:
- The delimitation of maritime boundaries;
- the concept of the territorial sea;
- contiguous zone; continental shelf;
- Exclusive Economic Zone/Exclusive Fisheries Zone;
- legal regimes of islands; bays and gulfs;
- archipelagoes and
- the legal status of the High Seas.
The course will also briefly examine Fishing, Rights of Navigation, international arrangement applicable to the mining of deep-seabed; military uses of the sea and disputes settlement regime and procedures.
By the end of the course, students will be able to understand and appreciate various rights, duties and obligations of both coastal and land-locked states within various zones of the sea inclusive of the international sea-bed area and the high seas.
Contact hours: 4 hours per week.
5.40734 ALTERNATIVE DISPUTE RESOLUTION
This course looks at alternate ways of resolving disputes. Going to court is not the only way to solve disputes affecting business or personal relationships of individuals, groups, or communities at large.
This course demonstrates to students there are different methods and processes currently used worldwide that can also be applied in PNG to settle differences, commercial disputes, contractual relationships which are not working and other issues that affect lives of businesses and people.
Such issues can be amicably resolved without the need to go to Court. The course also exposes students to the current legislation which are in place in PNG that promote alternative dispute resolution and discussions in the course is further aimed at ensuring that the students are equipped well in this area of resolving legal disputes and even other issues that could affect the relationship and lives of the people living the communities.
Contact hours: 4 hours per week.
5.40735 CUSTOMARY GROUPS, COOPERATIVES & PUBLIC ENTERPRISES
Until recently, the teaching of the law relating to business organisations in PNG has evidently been focused on registered companies and partnerships.
Yet there are other legal forms of business organisation, for example, the Business Group and the Statutory/Government Corporation which are playing increasingly important roles in the economic life and development of PNG and which deserve detailed study and analysis. In addition to business groups and statutory/government corporations, the course covers land groups and co-operative societies.
Contact hours: 4 hours per week.
5.40736 TAXATION LAW
This course seeks to give a student a basic understanding of the principles of income taxation. Topics will include:
- Political and economic implications of income tax law;
- liability to taxation;
- nature of income;
- assessable income;
- the concept of taxable income;
- tax avoidance and
- income tax assessment procedures and administration.
Students will also be provided with the necessary skills to use the Income Tax Act and other relevant tax statutes.
Contact hours: 4 hours per week.
5.40737 STATE FINANCE LAW
The law relating to non-taxation revenues on the one hand and the government expenditure on the other hand is examined in this course.
Particular attention is paid to the Constitutional and Parliamentary control of non-tax receipts and revenues. State relationships with international loan agencies will be examined.
Central Government expenditure and the provincial government nexus together with the effect of the Leadership Code and the nature of international commissions, graft and kickbacks will be considered.
Contact hours: 4 hours per week.
5.40738 INTERNATIONAL HUMANITARIAN LAW
The course investigates the concept and purpose of International Humanitarian Law (IHL) as a branch of Public International Law.
It examines the
- historical development of IHL,
- sources of contemporary sources of IHL,
- fundamental distinction between Ius ad Bellum (Legality of the use of force ) and Ius in Bello (Humanitarian Rules to be respected in warfare),
- fundamental distinction between civilians and combatants, combatants and prisoners of war, protection of wounded, sick and shipwrecked, the protection of civilians, conduct of hostilities.
The law of Naval and Air warfare is discussed. Issues relating to the implementation of IHL will be demonstrated with reference to actual case studies.
Contact hours: 4 hours per week.
Students Final Note
For more information about studying law at the University of Papua New Guinea go to the UPNG School of Law web site
