Multilateral Resource Negotiations Between Weak and Powerful States: The Case of the 1987 United States-Pacific Island Fisheries Treaty

<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>

Multilateral Resource Negotiations Between Weak and Powerful States: The Case of the 1987 United States-Pacific Island Fisheries Treaty

<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>

Securing the Limits of Large Ocean States in the Pacific: Defining Baselines Limits and Boundaries amidst Changing Coastlines and Sea Level Rise

The Pacific Island States and Territories are traditionally described as ‘small island’ nations. However, they are also ‘large ocean’ nations with jurisdiction over substantial maritime spaces stretching to at least 200 nautical miles. The article addresses issues related to baselines along the coast on which these broad maritime claims depend. The article then examines geodynamic considerations coupled with sea and land level projections in the Pacific leading to an assessment of the vulnerability or resilience of atolls in particular. The article then discusses potential implications for the coastlines and baselines of the Pacific Island States and Territories, the limits of their maritime entitlements and both delimited and undelimited maritime boundaries. Potential response options, prospects, and concluding thoughts are then offered.

Foreign judges of the Pacific as agents of global constitutionalism

Studies of global constitutionalism have focused on the transnational movement of constitutional law through the citation of foreign judgments. However, little attention has been paid to the movement of constitutional judges themselves. This article considers how the foreign judges who sit on courts of constitutional jurisdiction in Pacific island states can be understood as part of the phenomenon of global constitutionalism. It identifies three ways in which foreign judges can be agents of global constitutionalism: as mechanisms for the diffusion of constitutional ideas, as expressions of global constitutional values and as objects of transnational legal transfer. An empirical analysis comparing the citation practices of local and foreign judges in constitutional cases in nine Pacific states suggests that the use of foreign judges on constitutional courts does contribute to the international movement of constitutional ideas. However, a critical analysis of foreign judges as expressions and objects of global constitutionalism sheds light on a range of tensions in the role of constitutional judges and understandings of global constitutionalism.

Part III Regional Regimes, Ch.24 Regional Refugee Regimes: Oceania

This chapter discusses three of the most prominent approaches to refugee law and displacement issues in Oceania and analyses what they might reveal about the field of refugee law and the region of Oceania. The chapter looks first at the extent to which actors in the region have engaged with international refugee law. While adherence to international refugee law treaties is relatively low, it is not non-existent. The chapter then considers the approach to refugee law of the traditional regional hegemon: Australia. For decades, Australia has worked to encourage its regional neighbours to adopt policies that complement its own approach to refugee matters. Although Australia has had some success in obtaining support for its refugee policies from Pacific Island States, there have also been pockets of strong resistance. Finally, the chapter assesses some of the approaches to displacement adopted by Pacific Island States.

Argemone mexicana (Mexican poppy).

A. mexicana is a widespread annual weed primarily associated with agricultural crops and wastelands. It is a major weed of a number of crops in the tropics and warm temperate regions and is persistent as it produces a seed bank. In India in particular, the species is a health hazard and because of its prickliness, is a nuisance to subsistence farmers. In South Africa the seeds of A. mexicana have been declared as 'noxious' as its seeds or bits of seeds may represent a hazard to human or animal health when consumed (NDA, 2001). It is reported as invasive in many countries in Asia, Africa, the Caribbean and Americas, and Oceania (Australia and a number of Pacific island states).

Introduction: The New Scramble for the Pacific: A Frontier Approach

Over the last decades, the Pacific Ocean has been the locus of an unequalled rush for space and resources involving intertwined public and corporate interests, external powers, and Pacific Island states and territories. This rush is driven by three intersecting motivations aiming to: (1) exploit marine resources; (2) protect marine biodiversity and mitigate the effects of climate change; and (3) establish sovereignties over marine spaces. In this context, the fluidity of saltwater environments gives rise to specific issues of enforcement, control, and governance. This special issue examines these reconfigurations of/in the Pacific Ocean, stressing potentially conflicting frontier processes, in the light of a structuring tension between trends of ocean grabbing and ocean commoning.

Understandings, Practices and Human-Environment Relationships—A Meta-Ethnographic Analysis of Local and Indigenous Climate Change Adaptation and Mitigation Strategies in Selected Pacific Island States

Local and Indigenous knowledge systems worldwide indicate adaptation and mitigation strategies to climate change. Particularly in regions that are massively affected by climatic changes, such as the Pacific Island States, there is a need for increased and combined research on the role which these knowledge systems can play internationally. For this reason, this article provides a synthesis of empirical results and approaches to local and Indigenous climate change adaptation and mitigation strategies in selected South Pacific Island States by using a meta-ethnographic approach. The reviewed literature is associated with the sub-disciplinary perspective of the Anthropology of Climate Change. The results of the meta-ethnographic analysis are discussed based on three thematic focal points: First, the empirical ground of local understandings of climate change and its theoretical conceptualization(s) are constituted. Second, the results of practices for adaptation to climate change are synthesized and presented in detail throughout one example. Third, the synthesis of climate change mitigation practices is outlined with a specific focus on human-environment relationships.

Mangrove Ecosystems and Services

Mangroves are valuable and highly productive ecosystems providing multiple services, including coastal protection, fishery breeding, birthing and nursery grounds, carbon sequestration and water filtration. Although they are rarely the subject of tailored legal protection, there are some jurisdictions where the ecosystem services provided by mangroves are recognised in law and policy frameworks. This article focuses on Indo-Pacific island states to highlight the ways in which mangroves have been treated in law in these nations, and to make suggestions for how Indo-Pacific island states could enhance their conservation and management.