INTERNATIONAL LAW ISSUES IN THE SOUTH PACIFIC

Edited by: Geoff Leane and Barbara yon Tigerstrom

Published by: Ashgate Publishing Limited, Aldershot, 2005, 284pp, 60 [pounds sterling].

The South Pacific is not an area that features prominently in commentaries on international

law. Its geographical position, nestled away in a remote part of the globe, means that even its major countries, Australia and New Zealand, wield only episodic influence over international events. Individuals from various countries in the South Pacific have attained extremely prominent positions in various international organisations; the list includes Mike Moore, the director of the World Trade Organisation, Sir Kenneth Keith, a judge of the International Court of Justice, James Crawford, the Whewell Professor of International Law at Cambridge University, and Judge Slade of the International Criminal Court. However, this disproportionate success has not been replicated at the state level by the countries making up the South Pacific. Rather than being a driving force behind developments in the international framework, the region is largely reactive to the vacillations of international relations. Leane and Tigerstrom's collection of essays convey this theme, whilst at the same time emphasising the positive initiatives within the region to foster and develop intra-regional solutions to issues that most pressingly affect this part of the world.

As an introduction to the substantive chapters, Leane and Tigerstrom survey the social-political context and dynamics of the region. They attempt to outline the character of the region by elucidating major differences between the constituent countries, principally those of size, ethnicity, and political systems. Included nation-states range in size from the sixth largest country in the world, Australia, to Kiribati, with a land area of 690 square kilometres. Ethnicity is diverse, particularly the largely European Australian and New Zealand populations contrasting with the Polynesian ethnicities of the populations of Samoa and Tonga. Political systems vary widely, from the constitutional monarchy of the Kingdom of Tonga to the ethnically delineated composition of the government of the Republic of Fiji. The introductory exegesis succeeds in detailing unifying factors in the region, such as the large proportions of Polynesians living in Australia and New Zealand and the common interests in the development and security of the region. Presenting the region as being in a state of transition, the authors note the impetus for formal regional integration, but expressly refrain from confronting the issue at length. Instead they maintain the collection's focus on the regional response to broader issues confronting international relations and international law.

One of the central themes of the collection is the emphasis on intra-regionally constructed mechanisms to address the areas quandaries. Tigerstrom's chapter on the challenges to the South Pacific islands states presented by the rapidly evolving global trade system provides examples of the Pacific Islands Countries Trade Agreement, which aims at the realisation of a free trade area amongst the islands states, and the Pacific Agreement on Closer Economic Relations, which seeks a gradual extension of the free trade system to include Australia and New Zealand. Both measures are envisioned as bulwarks to steady the region in the face of the fluctuations of global trade. The collection also confronts issues on which the approaches of the states of the South Pacific differ markedly. Most prominent amongst the divisions is that between the small islands states that make up the Forum Islands countries--the Cook Islands, the Federated States of Micronesia, Fiji, Kiribati, Nauru, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu--and the larger, more developed states, Australia and New Zealand. In his chapter on regional co-operation in the suppression of trans-national crime, Neil Boister identifies the developed states as the 'active law-givers' and the developing states as the 'passive law-takers'. However, the divisions are variegated and run in a number of directions. Thus, in commenting on the various responses of the constituent states of the region to the Kyoto Protocol, Leane highlights Australia's recalcitrant attitude towards the treaty despite its heavy involvement in the negotiations preceding the release of the Protocol. This contrasts with his account of New Zealand's willingness to accept the obligations to make efforts to curb carbon emissions.

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The rest of the collection contains contributions on a myriad of issues of pressing importance in the wider international scene, addressed in the context of the South Pacific. Michael Barutciski tackles the divisive topic of mass refugee flows. His detailed survey of the international legal provisions governing the area leads him to argue that concerns of security and sovereignty must be taken into account in this area of law, a conclusion contrasting sharply in tone to the approaches of the UN High Commissioner for Refugees and leading scholars such as James Hathaway. Alex Conte addresses international terrorism in the South Pacific, concluding that a number of the islands states have been slow to sign up to the various anti-terrorism international treaties, leaving the region unsatisfactorily vulnerable to the small but real risk of a terrorist attack. Given the largely marine nature of the South Pacific, it is appropriate that issues relating to the uninhabitable areas of the region are explored in depth. Scott Davidson's chapter on the law of the sea and freedom of navigation and Michelle Rogan-Finnemore's chapter on bio-prospecting in and around Antarctica and in the southern ocean fulfil this role.

Collectively, these essays provide a unique overview of the responses within the region to issues of inter-state relations, both emerging and longstanding, that largely originate from outside the region. Through precise explication of the legal frameworks applicable to each topic, and detailed descriptions of the various Pacific states' current adoption of the relevant instruments of international law, the book constitutes a valuable resource for any legal scholar examining the South Pacific. Underlying and potentially unifying many of the discussions is the looming question of regional integration. If future editions of this engaging volume are forthcoming in ensuing years, as the increasing pervasiveness of issues of international law would suggest, it would be enlightening to see a chapter exploring the issue of regional integration, specifically the legal and institutional bases and requirements of such a process. Nonetheless, as a common thread to the discussions contained within this well-constructed collection, the prospect of regional integration is addressed in a range of contexts, allowing for an appreciation of both the strength of the forces in its favour and the complexity of the issues surrounding its implementation.

Matthew Gillett is a law clerk at the Immediate Office of the Prosecutor of the International Criminal Court in The Hague.