Traditional and Socio-Ecological Dimensions of Seabed Resource Management and Applicable Legal Frameworks in the Pacific Island States

2022 ◽  
pp. 613-659
Author(s):  
Virginie Tilot ◽  
Bleuenn Gaëlle Guilloux ◽  
Klaas Willaert ◽  
Clement Yow Mulalap ◽  
Tamatoa Bambridge ◽  
...  
2021 ◽  
Author(s):  
◽  
Sōsefo Fietangata Havea

<p>On April 2, 1987, the Treaty on Fisheries Between Governments of Certain Pacific Island States and the Government of the United States of America was signed. The signatories to the Fisheries were the 16 members of the South Pacific Forum and the United States of America. After six difficult years of negotiations, the Treaty permitted American fishing vessels to fish in Pacific Islands’ waters in exchange for a substantial access fee. This thesis identifies key aspects of that treaty and examines what it meant from both a theoretical and practical standpoint. How did a collection of small, comparatively weak Pacific states strike a satisfactory deal with the most powerful state on the planet? What did the agreement mean in terms of its political, legal and environmental consequences? As well as looking at the events and negotiations that led to the treaty, this thesis also attempts to discern the key political lessons that flow from this case that might be relevant for the future development of the Pacific island States in the key area of fisheries regulation. The thesis argues that disputes between Pacific nations and the United States over tuna resources and the presence of the Soviet Union in the Pacific region were the two critical factors that led to the adoption of the Treaty. From the United States’ perspective, the Treaty was seen (at the time) as the only viable option if it were to reconsolidate its long and prosperous position in the Pacific region. The US did not want the Soviet Union to capitalize on American fishing disputes with the Pacific islands, and it could not afford for the Soviet Union to establish a strong association with the Pacific islands. The Treaty therefore served three purposes for Washington: (i) it maintained its long friendship with the Pacific islands, (ii) it maintained its fisheries interests in the region, (iii) and it kept the Pacific communist-free. This fusion of US economic and strategic interests gave Pacific Island States a stronger hand in the negotiations than their size and power would have otherwise offered.</p>


Author(s):  
Graham Hassall ◽  
Feue Tipu

In this paper we seek to answer some basic questions about the condition of local government in the Pacific. Firstly, we examine what is meant by ‘local government’ in the various islands and for that matter how Pacific Island states have perceived and accepted local government institutions in practice; second, we ask basic questions about existing legal and constitutional recognition and powers; and third, we provide initial findings on current per capita expenditure and local government financial viability in a number of Pacific cities and towns. We also make some observations on current moves towards local government reform.


2007 ◽  
Vol 22 (1) ◽  
pp. 125-142 ◽  
Author(s):  
Transform Aqorau

AbstractThe 2000 Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF Convention) establishes a Commission which will be responsible for setting catch limits and effort controls for the fishery. The Convention will require the Pacific Island States to impose some form of catch limits and this presents them with the opportunity to explore ways to enhance the fisheries regimes they manage. This paper explores the legal issues surrounding a possible rights-based regime, both as a collective approach by the Pacific Island States, and individually. The paper suggests possible legal approaches to the introduction of a rights-based fisheries management regime, drawing on ways in which they may structure their fisheries legislation, and on experiences from other regions. The paper concludes by examining the implications for the Pacific Island States of such an approach.


1987 ◽  
Vol 26 (4) ◽  
pp. 1048-1095 ◽  

After two years of negotiations, representatives of the United States and twelve Pacific island states signed a five–year regional fisheries treaty that sets forth conditions on U.S. fishing in the region and will guarantee U.S. purchases of at least $1.75 million worth of fishing licenses annually. At the same time, the U.S. fishing industry will provide $250,000 in annual technical assistance to help the island states develop their own fishing industries. The treaty will enter into force after ratification by the United States and ten of the Pacific signatory states. Parties taking part in the negotiations but which have not yet signed the treaty include Niue, Palau, Tonga and Vanuatu.


Author(s):  
Artyom A. Garin ◽  

Due to China's increasing involvement in South Pacific, there is a growing interest on the part of the middle and great powers in providing the Pacific island States with an increasing amount of material assistance. With its unique geographical location, as well as numerous initiatives in the humanitarian, trade, economic and defence areas, Australia's influence is reinforced by its status as the major ODA source in Oceania. At the same time, despite Australia's clear advantage in providing ODA to South Pacific states, the region is attracting an increasing number of countries aimed at providing ODA to South Pacific countries, especially China.


2010 ◽  
Vol 16 (1) ◽  
pp. 192-203 ◽  
Author(s):  
Yasmine Ryan

Commentary: Pacific Island states battled to have their perspectives taken into account at the United Nations Climate Change Conference in Copenhagen in December 2009. Though widely accepted as being among the first victims of climate change, most developed countries, along with some emerging economies, put their own geopolitical interests ahead of what Pacific leaders argued was their right to survival as viable nations and cultures. The Pacific Island states negotiated collectively for shared goals, with Tuvalu often taking a leadership role. Australia and New Zealand, meanwhile, pursued strategies at marked odds with their smaller neighbours. Papua New Guinea broke ranks with other island nations, concentrating overwhelmingly on forestry negotiations to the exclusion of other common objectives. The PNG delegation also pushed to weaken the safeguarding of indigenous rights in the draft text on forestry. Much of the civil society present in Copenhagen, however, gave vocal support for the position taken by the Pacific Island states. This article is based largely on interviews with delegates and commentators at COP 15 in December 2009.


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