title: Sovereignty, self-determination and the South-West Pacific: A comparison of the status of Pacific Island territorial entities in international law

authors: Gillard, Charles Andrew

subjects: International Law

abstract: This paper compares the constitutional arrangements of various territorial entities in the South-West Pacific, leading to a discussion of those entities’ status in international law. In particular, it examines the Cook Islands, Niue, Tokelau, Norfolk Island, French Polynesia, New Caledonia and American Samoa – all of which are perceived as ‘Territories’ in the international community – as a way of critically examining the concept of ‘Statehood’ in international law.
	
The study finds that many of these ‘Territories’ do not necessarily fit the classification that they have been given. In particular, most of the territorial entities listed above have significant competence to control their own domestic affairs. Some have also begun to develop their own international legal personality by virtue of de facto control over their own external affairs. The United Nations’ focus on ensuring self-determination also indicates that these territorial entities are likely to gain more autonomy as time goes on.

As a result, this paper argues that some of the ‘Territories’ are not necessarily Territories at all; instead, they possess independent control over their own domestic and external affairs, and therefore act as de facto States on the global stage. However, many of these territorial entities still remain heavily associated with recognised sovereign States, with none of the included territorial entities possessing their own de jure Head of State or citizenship: both of which are arguably key foundations of an independent identity. Consequently, there are still questions over the extent to which the territorial entities can be considered sovereign, especially given that the relevant ‘administering States’ still seem to take economic responsibility for their territorial entities if they believe the situation warrants it.

Given these points, this paper argues in favour of a reconceptualisation of the concept of Statehood. It argues that the rise of territorial entities which not only have independent control over their affairs, but which also have significant links to existing States, means that terms such as independence and sovereignty are not either/or concepts. Instead, these concepts should be seen as spectrums, giving rise to a broader definition of Statehood that does not restrictively define States as independent, sovereign entities, but that embraces the concept of ‘Freely Associated States’.

text: Sovereignty, self-determination and the South-West Pacific: A comparison of the status of Pacific Island territorial entities in international law This paper compares the constitutional arrangements of various territorial entities in the South-West Pacific, leading to a discussion of those entities’ status in international law. In particular, it examines the Cook Islands, Niue, Tokelau, Norfolk Island, French Polynesia, New Caledonia and American Samoa – all of which are perceived as ‘Territories’ in the international community – as a way of critically examining the concept of ‘Statehood’ in international law.
	
The study finds that many of these ‘Territories’ do not necessarily fit the classification that they have been given. In particular, most of the territorial entities listed above have significant competence to control their own domestic affairs. Some have also begun to develop their own international legal personality by virtue of de facto control over their own external affairs. The United Nations’ focus on ensuring self-determination also indicates that these territorial entities are likely to gain more autonomy as time goes on.

As a result, this paper argues that some of the ‘Territories’ are not necessarily Territories at all; instead, they possess independent control over their own domestic and external affairs, and therefore act as de facto States on the global stage. However, many of these territorial entities still remain heavily associated with recognised sovereign States, with none of the included territorial entities possessing their own de jure Head of State or citizenship: both of which are arguably key foundations of an independent identity. Consequently, there are still questions over the extent to which the territorial entities can be considered sovereign, especially given that the relevant ‘administering States’ still seem to take economic responsibility for their territorial entities if they believe the situation warrants it.

Given these points, this paper argues in favour of a reconceptualisation of the concept of Statehood. It argues that the rise of territorial entities which not only have independent control over their affairs, but which also have significant links to existing States, means that terms such as independence and sovereignty are not either/or concepts. Instead, these concepts should be seen as spectrums, giving rise to a broader definition of Statehood that does not restrictively define States as independent, sovereign entities, but that embraces the concept of ‘Freely Associated States’.

year: 2012

title: The metaphysics of quality: An inquiry into quality within the polytechnic and private training sector

authors: Pace, Barnaby David Matthew

subjects: Metaphysics

abstract: Quality, its definition and management, has a long-standing history within society.  In the modern era the focus has been particularly in regard to products and services, to ensure that minimal standards are met, and continual efforts are made to improve experiences. The education sector has also felt the reach of compliance requirements and ideology of continual improvement of practice, under the banner of quality educational practice. Quality, as a concept, has received considerable attention, with one of the most notable being in the philosophical writings of Robert Pirsig and his development of a metaphysics of quality. In this thesis, Pirsig’s metaphysics of quality will be investigated in the context of the Polytechnic and Private Training Sector to determine its place in our understanding of reality. Pirsig’s metaphysics is founded in the philosophical positioning of the ancient philosophers Plato and Aristotle and includes elements of Zen Buddhism and Eastern practices. These philosophical positions are examined to established quality as a concept which holds no physical form, nor location in time or space, beyond its application to an object or experience. In the development of a neo-metaphysical interpretation of quality the reader will be subject to several thought experiments as aspects of Kantianism philosophy and quantum mechanics are explored to shift from Pirsig’s view of quality as an event to the notion that quality as an experience. Further, the measurement problems identified within the concept of quality will be examined. In keeping with Pirsig’s narrative style chautauqua will be presented to support the philosophical discussions and illustrate educational quality issues and the journey to knowledge discovery. Once the neo-metaphysics of quality has been established, demonstrations will be given on its practical application in the identification of quality in the polytechnic and private training sector environment and beyond. Finally, what is proposed is a new approach to the interpretation of quality, and potentially a new era in quality management termed quantum quality.

text: The metaphysics of quality: An inquiry into quality within the polytechnic and private training sector Quality, its definition and management, has a long-standing history within society.  In the modern era the focus has been particularly in regard to products and services, to ensure that minimal standards are met, and continual efforts are made to improve experiences. The education sector has also felt the reach of compliance requirements and ideology of continual improvement of practice, under the banner of quality educational practice. Quality, as a concept, has received considerable attention, with one of the most notable being in the philosophical writings of Robert Pirsig and his development of a metaphysics of quality. In this thesis, Pirsig’s metaphysics of quality will be investigated in the context of the Polytechnic and Private Training Sector to determine its place in our understanding of reality. Pirsig’s metaphysics is founded in the philosophical positioning of the ancient philosophers Plato and Aristotle and includes elements of Zen Buddhism and Eastern practices. These philosophical positions are examined to established quality as a concept which holds no physical form, nor location in time or space, beyond its application to an object or experience. In the development of a neo-metaphysical interpretation of quality the reader will be subject to several thought experiments as aspects of Kantianism philosophy and quantum mechanics are explored to shift from Pirsig’s view of quality as an event to the notion that quality as an experience. Further, the measurement problems identified within the concept of quality will be examined. In keeping with Pirsig’s narrative style chautauqua will be presented to support the philosophical discussions and illustrate educational quality issues and the journey to knowledge discovery. Once the neo-metaphysics of quality has been established, demonstrations will be given on its practical application in the identification of quality in the polytechnic and private training sector environment and beyond. Finally, what is proposed is a new approach to the interpretation of quality, and potentially a new era in quality management termed quantum quality.

year: 2019

title: Te Aka Roa o Te Oranga, the far reaching vines of wellness: The development of a framework to evaluate alcohol and drug treatment for Māori

authors: Robertson, Paul

subjects: Maori

abstract: The impact of alcohol and other drug
problems for Māori is well documented.
Substance use has been implicated in a
range of physical and mental health
problems, and a variety of negative social
statistics such as high rates of imprisonment. To date there has been
little systematic documentation of treatment
practices, and limited operationalisation of
Māori health frameworks. The evaluation
of the outcomes of alcohol and other drug
treatments is an area in which there is a
paucity of documentation, in terms of
methods and frameworks for evaluation,
and actual data. Te Aka Roa O Te Oranga (TAROTO)
was developed from a range of projects
undertaken by the National Addiction
Centre. The TARATO evaluation framework
embraces a holistic perspective: developed
to examine the interaction between the
client, whānau, practitioner, and
service/organisation. The aim of the
framework is to clarify the complex
relationships and interactions between
stakeholders within the context of
treatment. It will also help to elucidate the
strengths and weaknesses of individual
services. Within this framework, a range of
indicators and outcomes of “successful
treatment” will be explored. The current project is the first phase of
a broader project that will make a
significant contribution to improvements in
Māori health via further developing
effective treatments of alcohol and other
drug related problems.

text: Te Aka Roa o Te Oranga, the far reaching vines of wellness: The development of a framework to evaluate alcohol and drug treatment for Māori The impact of alcohol and other drug
problems for Māori is well documented.
Substance use has been implicated in a
range of physical and mental health
problems, and a variety of negative social
statistics such as high rates of imprisonment. To date there has been
little systematic documentation of treatment
practices, and limited operationalisation of
Māori health frameworks. The evaluation
of the outcomes of alcohol and other drug
treatments is an area in which there is a
paucity of documentation, in terms of
methods and frameworks for evaluation,
and actual data. Te Aka Roa O Te Oranga (TAROTO)
was developed from a range of projects
undertaken by the National Addiction
Centre. The TARATO evaluation framework
embraces a holistic perspective: developed
to examine the interaction between the
client, whānau, practitioner, and
service/organisation. The aim of the
framework is to clarify the complex
relationships and interactions between
stakeholders within the context of
treatment. It will also help to elucidate the
strengths and weaknesses of individual
services. Within this framework, a range of
indicators and outcomes of “successful
treatment” will be explored. The current project is the first phase of
a broader project that will make a
significant contribution to improvements in
Māori health via further developing
effective treatments of alcohol and other
drug related problems.

year: 2003