Securing the Pacific in a Globalised World: New and Emerging Developments in International Law

AuthorClaire Slatter
PositionRetired University of the South Pacific academic with research interests in development politics, economic and trade justice, and women and development
Pages5-20
5
SECURING THE PACIFIC IN A
GLOBALISED WORLD: NEW AND
EMERGING DEVELOPMENTS IN
INTERNATIONAL LAW
*
Abstract
e United Nations Treaty on the Prohibition of Nuclear Weapons and two other
proposed international laws currently under development through United Nations
processes – to regulate the activities of corporations and business enterprises, and to
govern the conservation and sustainable use of marine biological biodiversity in areas
beyond natio nal jurisdiction – hold eno rmous signif‌icance for Pac if‌ic states and people
in today’s globalised world. All three developments have seen strong involvement by
civil society organisations, two of them emanating from civil society advocacy. ese
developments provide important avenues to potentially redress historical wrongs
and protect against human rights abuses and marine resource pillaging. ey are not
sucient , however, to protect the Pacif‌i c Ocean, which consti tutes more than 90 per cent
of the world inhab ited by Pacif‌ic people. at may re quire legislating personho od rights
for our Ocean.
I. Introduction
Kia ora, Talofa lava, Mālō e lelei, Fakaalofa lahi atu, Kia orana, Fakatalofa atu, Malo
ni, Mauri, Bula vinaka, Halo olgeta. Let me begi n by thanking t he organisers of the
Pacif‌ic Law a nd Culture Conference 2 018 and especially E lizabeth MacPhers on and
Natalie B aird, for the kin d invitation to g ive a keynote address. It i s a little daunt ing
to be here, to be hone st, as I am not a law yer and wil l be at a loss if you begin splittin g
* This paper i s a revised version , for publication, of a k eynote address d elivered to the “ Voices of
the Pacif‌ic i n a Globali sed World” Pacif‌ic L aw and Cul ture Confe rence, Univer sity of Can terbury,
Chris tchurch on 4 Ju ly 2018. Dr C laire Sl atter is a r etired Un iversit y of the South P acif‌ic acade mic
with res earch interests i n development politics, e conomic and trade jus tice, and women and
development. She h as a background in t rade union, femin ist and development NGO ac tivism,
is a foundin g member and Boa rd Chair of Deve lopment Altern atives with Women for a Ne w Era
(DAWN), and a foun ding and act ive member of the Pac if‌ic Network on Globa lisation (PA NG).
6[Vol 27, 2020]
legal ha irs on anyth ing I say. By way of a discla imer, let me clarif y that I am going to
be speak ing to you mostly a s a Pacif‌ic femini st scholar/activi st with a backg round in
regiona l and global acti vism, recently r etired from academ ia, and now free to w rite
and engage mor e on issues of concern to the re gion.
Taking my cue from the theme of this Conference, “Voices of the Pacif‌ic in a
Globalised World”, I want to share with you my thoughts on the signif‌icance of
three new and emerging international laws for Pacif‌ic states and people, namely,
the historic Treaty on the Prohibition of Nuclear Weapons which was adopted
by the UN General Assembly on 7 July 2017; the UN Human Rights Council’s
proposed international legally binding instrument to regulate the activities of
transnational corporations and other business enterprises, on which an open-
ended intergovernmental Working Group began work in July 2015; and a proposed
UN binding treaty for the Conservation and Sustainable Use of Marine Biological
Biodiversit y in Areas B eyond National Jur isdiction (BBN J), on which a UN Conference
under UNCLOS (United Nations Convention on the Law of the Sea) will hold four
sessions beginning in September 2018, concluding with a treaty in 2020. The
three cases represent dierent stages in international norm setting. Two of them
have resulted from sustained civil society advocacy; all of them have enormous
signif‌icance for protecting the interests of Pacif‌ic Island states and peoples in a
global ised world and should be of int erest to both Paci f‌ic law scholars a nd emerging
lawyers .
II. The Treaty on the Prohibition
of Nuclear Weapons
On 7 July 2017, the U N General Assembly adopt ed, through the vot e of 122 states,
including nine Pacif‌ic states, the historic Treaty on the Prohibition of Nuclear
Weapons. This monumental achievement of an international treaty that outlaws
nuclear weapons was mostly due to sustained advocacy by the International
Campaig n to Abolish Nuclear Weap ons (ICAN), a network of 465 or ganisations wi th
campai gners in 100 count ries.1 I am very proud of t he fact that a close fr iend and one
of Fiji’s early activists from her student days in the anti-nuclear movement in the
Pacif‌ic, Dr Vane ssa Grien, has been pa rt of ICAN.
In December 2017, IC AN was deservedly awa rded the 2017 Nobel Peace prize for
this mi lestone achievement . None of the seven nuclear st ates have signed t he Treaty,
and most strongly opposed it, clinging to the Cold War justif‌ication of nuclear
1 Vanessa Grien “Pacif‌ic’s role and history of nuclear suering boosted treaty success” (24
October 201 7) Pacif‌ic Islan ds News Associ ation .

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