226 research outputs found
Papua New Guinea’s refugee track record and its obligations under the 2013 Regional Resettlement Arrangement with Australia
No full textThis paper examines Papua New Guinea\u27s track record in assessing and resettling asylum seekers, its current obligations under the 2013 Regional Resettlement Arrangement, and the sustainability of this arrangement.
Introduction
In the lead-up to the Australian Federal Election in September 2013, public attention focused dramatically on Papua New Guinea (PNG) in terms of the joint PNG–Australia Regional Resettlement Arrangement, the subject of a memorandum of understanding (MOU) signed on 6 August 2013. In short, Australia would transfer asylum seekers who arrived in Australia by boat after 19 July 2013 to PNG where their claim for refugee status would be assessed, under PNG law, and those found to be refugees would be resettled in PNG ‘and in any other participating regional, including Pacific Island, states’. (Nauru is the only other current participating regional state, with Cambodia considering resettlement of asylum seekers at the time of publication.) While the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 provided for assessment of asylum seekers by PNG, it was the August 2013 Regional Resettlement Arrangement (mentioned as the 2013 Arrangement) that provided for resettlement in PNG, of asylum seekers determined to be refugees. In accordance with the 2013 Arrangement, the full cost of implementing the arrangement in PNG, that is, transfer, assessment, and resettlement, would be met by Australia.
PNG has a track record related to the assessment and resettlement of asylum seekers. The discussion paper begins with a brief outline of PNG policy responses to West Papuan asylum seekers from neighbouring Indonesian Papua. It focuses on the permissive residence system (part of a PNG ‘Limited Integration’ policy) offered to West Papuan refugees living at the former United Nations High Commissioner for Refugees (UNHCR) resettlement site at East Awin in Western Province since 1997. Limitations of the permissive residence permit, particularly issues related to eligibility and permit renewal, illustrate challenges faced by the PNG government and bureaucracy to design and administer a visa system. PNG’s track record of assessing and resettling West Papuan asylum seekers since 1984 is looked at against the terms of the 2013 Arrangement, which requires PNG to determine the refugee status of asylum seekers transferred by Australia to the offshore processing centre on Manus Island, review negative determinations, and resettle in PNG those determined to be refugees.
The second section considers PNG’s obligations under the terms of the 2013 Arrangement. In relation to status determination, an efficient and procedurally fair determination process requires legislation i.e., domestic refugee law, and an effective immigration bureaucracy. It can be argued that neither of these elements were present at the time of the 2013 Arrangement. However, at the time of publication of this paper in mid-2014, some status determinations and a review process had been announced. In relation to resettlement, ongoing disagreement by the PNG government over the terms of resettlement (which refugees are to be resettled, how many refugees will be resettled) threatens to undermine the terms of the 2013 Arrangement. Australia has underwritten the costs of implementing resettlement under the Arrangement, although the details are not explicit. Nor are details available about any social planning being undertaken for the resettlement of refugees. The author takes up UNHCR’s charge of a ‘xenophobic phenomenon’ in relation to the reception of non-Melanesian refugees in PNG, and offers some context. It is argued that social planning that works towards minimising inter-community tension is critical to resettlement.
The 2013 Arrangement is subject to annual review by the Australian–PNG Ministerial Forum. The sustainability of the Arrangement in terms of legal challenges and security issues is the subject of the third section. Responding to the announcement of the first status determination decisions at the time of publication of this paper, the conclusion summarises some of the major issues related to PNG’s responsibilities under the Arrangement: procedurally fair assessment and review processes, and resettlement planning
The Proposed Model Surrogate Parenthood Act: A Legislative Response to the Challenges of Reproductive Technology
No full textIn this Article, Manus proposes a Model Surrogate Parenthood Act. He examines the medical and scientific history of surrogacy and reviews the jurisprudence in the area, specifically the constitutional relationship between procreation rights and surrogacy. The author asserts that surrogate motherhood cannot be, and indeed, should not be, eradicated through legislation criminalizing it. The proposed Model Act, presented here in its entirety, attempts to reduce the problems inherent in the concept of surrogate parenthood by putting the process under strict court supervision and by zealously protecting the rights of the surrogate mother and the child to be conceived
'Damnas esto' e 'manus iniectio' nella lex Aquilia: un indizio paleografico?
No full textOver the last decades, scholars analysed the matters concerning the direct effect with manus iniectio of the “damnas esto” of the lex Aquilia only from a substantive law perspective. The author here emphasises the relevance of Studemund’s apographum of Gai. IV, 21 and tests the weakness of Goeschen’s hypothesis compared to Studemund’s interpretation of the Codex Veronensi
Book review: No Friend but the Mountains: Writing from Manus Prison By Behrouz Boochani. Translated by Omid Tofighian. Sydney, Picador/Pan Macmillan Australia, 2018. xxxiv + 374 pp. ISBN 9781760555382 (pbk). AU$32.99.
No full textThe author, Behrouz Boochani, is a Kurdish-Iranian writer, journalist, filmmaker and was a prisoner on Manus Island..
Time, torture and Manus island: an interview with Behrouz Boochani and Omid Tofigian
No full textFormer asylum seeker detainee and journalist Behrouz Boochani (author of No Friend but the Mountains) and his collaborator Omid Tofighian speak about the experience of indefinite incarceration on Australia’s Manus Island and the psychological toll of waiting. They compare this form of detention to prison and the existential impact to torture. This Kyriarchal System, they argue, strips the individual of identity and humanity and they explain how such a system can perhaps be better questioned through the poetic fiction that Boochani has used in his path-breaking narrative than to appeal to dry rational facts and figures
ASUHAN KEPERAWATAN TN. S DENGAN OPEN FRAKTUR MANUS IV DISTAL DI RUANG CEMPAKA RUMAH SAKIT TK. II DR. SOEDJONO MAGELANG
No full textABSTRACT
Scientific Writing is entitled: Nursing care Tn.S with Open Fraktur Manus IV
Distal in Space Cempaka Hospital Tk. II dr. Soedjono Magelang.
Background: A case of fracture occurred in a world of approximately 13 million
people in 2008, with a prevalence rate of 2.7%. While in 2009 there were
approximately 18 million people with a prevalence rate of 4.2%. The year 2010
increased to 21 million people with a prevalence rate of 3.5%. The occurrence of
such fractures includes accident incidents, sports injuries, fire disasters, natural
disasters and so forth. The number of incidents that exist Hospital dr. Soedjono
Magelang there are 3 cases in the last month of 2018.
Purpose: Writing Scientific Writing, the authors get real experience in providing
nursing care with Open Fraktur Manus IV Distal with nursing process approach
which includes assessment, formulation of diagnosis, nursing planning,
imlementasi, evaluation and documentation.
Method: Writing This Scientific Writing, the author uses descriptive method,
describes the provision of nursing care in the form of nursing care reporting report
with nursing process approach that passes the assessment stage, formulation of
diagnosis, nursing planning, imlementasi, evaluation and documentation.
Results: In the preparation given at Tn.S for 3 x 24 hours, there were 2 preoperative
diagnoses of acute pain (preoperative), lack of knowledge, and 3 post operative
diagnoses were acute pain, ineffective tissue perfusion and risk. Of the four
diagnoses are solved only the diagnoses of insufficient knowledge that acute pain
occurs before and after surgery. For documentation, use SOAP development notes.
Conclusion: Tn.S nursing care with Open Fracture Manus IV Distal in Space
Cempaka Hospital Tk. II dr. Soedjono Magelang can be done with the concept of
nursing care
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Intensifiers of Adjectives in Akha
No full textThis is an extensive wordlist of intensifiers of adjectives in Akha. The author provides a list of intensifiers and examples of an adjective intensifier. She notes whether the intensifier occurs alone and provides commentary
An extensor digitorum brevis manus coexisting with the typical extensor indicis muscle: a rare dissection finding
No full textThe forearm extensor muscle and hand extensor tendons are composed of several structures with unique anatomy identified with high morphological variability. During a routine dissection of a 74-year-old donated male cadaver, the right hand was isolated for educational purposes. After carefully dissecting the structures, an accessory muscle was identified. The accessory muscle corresponded to the extensor digitorum brevis manus (EDBM) inserted into the extensor indicis (EI) tendon, which was typically identified. According to the current literature, this occurrence corresponds to a rare variant, with 0.36–0.38% prevalence between the cadaveric studies. Knowledge of the hand extensor musculature is essential for orthopedics and plastic surgeons operating in the region to avoid iatrogenic injury. © The Author(s), under exclusive licence to Japanese Association of Anatomists 2024
Insights to magmatic–hydrothermal processes in the Manus back-arc basin as recorded by anhydrite
No full textAuthor Posting. © The Author(s), 2010. This is the author's version of the work. It is posted here by permission of Elsevier B.V. for personal use, not for redistribution. The definitive version was published in Geochimica et Cosmochimica Acta 74 (2010): 5514-5536, doi:10.1016/j.gca.2010.07.004.Microchemical analyses of rare earth element (REE) concentrations and Sr and S isotope
ratios of anhydrite are used to identify sub–seafloor processes governing the formation of
hydrothermal fluids in the convergent margin Manus Basin, Papua New Guinea. Samples
comprise drill–core vein anhydrite and seafloor massive anhydrite from the PACMANUS
(Roman Ruins, Snowcap and Fenway) and SuSu Knolls (North Su) active hydrothermal
fields. Chondrite–normalized REE patterns in anhydrite show remarkable heterogeneity on
the scale of individual grains, different from the near uniform REEN patterns measured in
anhydrite from mid–ocean ridge deposits. The REEN patterns in anhydrite are correlated
with REE distributions measured in hydrothermal fluids venting at the seafloor at these
vent fields and are interpreted to record episodes of hydrothermal fluid formation affected
by magmatic volatile degassing. 87Sr/86Sr ratios vary dramatically within individual grains
between that of contemporary seawater and that of endmember hydrothermal fluid.
Anhydrite was precipitated from a highly variable mixture of the two. The intra–grain
heterogeneity implies that anhydrite preserves periods of contrasting hydrothermal– versus
seawater–dominant near–seafloor fluid circulation. Most sulfate δ34S values of anhydrite
cluster around that of contemporary seawater, consistent with anhydrite precipitating from
hydrothermal fluid mixed with locally entrained seawater. Sulfate δ34S isotope ratios in
some anhydrites are, however, lighter than that of seawater interpreted as recording a
source of sulfate derived from magmatic SO2 degassed from underlying felsic magmas in
the Manus. The range of elemental and isotopic signatures observed in anhydrite records a
range of sub–seafloor processes including high–temperature hydrothermal fluid
circulation, varying extents of magmatic volatile degassing, seawater entrainment and fluid
mixing. The chemical and isotopic heterogeneity recorded in anhydrite at the inter– and
intra–grain scale captures the dynamics of hydrothermal fluid formation and sub–seafloor
circulation that is highly variable both spatially and temporally on timescales over which
hydrothermal deposits are formed. Microchemical analysis of hydrothermal minerals can
provide information about the temporal history of submarine hydrothermal systems that are
variable over time and cannot necessarily be inferred only from the study of vent fluids.This study
received financial support from an Ocean Drilling Program Schlanger Fellowship (P.R.C.),
NSF grant OCE–0327448 (W.B.), and DFG–Research Center/Excellence Cluster ‘The
Ocean in the Earth System’ (W.B.
Execução provisória de astreintes no processo do trabalho
No full textEste trabalho tem por objetivo sistematizar o estudo da execução provisória das
astreintes decorrentes do descumprimento de obrigação de fazer, não fazer e de
entregar coisa especificamente no Processo do Trabalho.
Para tanto, analisou-se a execução como ferramenta de alcance à efetividade do
processo, encontrando na espécie prevista no artigo 461 e 461-A, do CPC,
implementada pelas reformas processuais trazidas pelas Leis nº 8.952/1994 e nº
10.444/2002, uma modalidade que vai ao encontro dessa visão do processo como
instrumento de alcance da Justiça.
Abordou-se a aplicação subsidiária de referidos dispositivos legais no Processo do
Trabalho, assim como a execução provisória, genericamente considerada e,
especificamente, no Processo do Trabalho.
Em seguida, enfrentou-se o assunto específico do tema deste trabalho, qual seja, a
execução provisória de astreintes, abordando-se a visão da doutrina processual civil
e trabalhista, assim como a jurisprudência atual.
Finalmente, após percorrer-se a tendência atual de constitucionalização do Direito
do Trabalho, analisou-se a execução provisória das astreintes no Processo do
Trabalho sob a ótica da busca da efetividade da execução trabalhistaThe purpose of this study is to systematize the debate over the provisional
foreclosure of astreintes arising from breach of affirmative or negative obligation, or
of an obligation to deliver specifically in labor proceedings.
To that extent, the author analyzed the foreclosure proceeding as a tool to reach
effectiveness in a legal dispute, finding in the instrument provided for in Article 461
and 461 -A of the Civil Procedure Code, implemented by the procedural reforms
enacted by Law No. 8.952/1994 and No. 10.444/2002, a measure that meets this
view of the proceeding as a tool to reach Justice .
The author also addressed the subsidiary application of the aforementioned legal
provisions in the labor proceedings, as well as the provisional foreclosure, generically
considered, and, specifically, in labor proceedings.
Subsequently, the author faced the specific subject of this study , namely, the
provisional foreclosure of astreintes , approaching the vision of civil and labor
procedure scholars, as well as current case law .
Finally, after discussing the current trend of constitutionalization of labor law, the
author analyzed the provisional foreclosure of astreintes in the labor proceedings
from the perspective of a search for effectiveness of labor related foreclosur
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