<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>Rule of Law Archives &#8226; Periscope</title>
	<atom:link href="https://periscopekasaustralia.com.au/topic/rule-of-law/feed/" rel="self" type="application/rss+xml" />
	<link>https://periscopekasaustralia.com.au/topic/rule-of-law/</link>
	<description></description>
	<lastBuildDate>Sun, 12 May 2024 23:42:11 +0000</lastBuildDate>
	<language>en-AU</language>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	<generator>https://wordpress.org/?v=6.7.4</generator>

<image>
	<url>https://periscopekasaustralia.com.au/wp-content/uploads/2020/09/cropped-favicon-32x32.png</url>
	<title>Rule of Law Archives &#8226; Periscope</title>
	<link>https://periscopekasaustralia.com.au/topic/rule-of-law/</link>
	<width>32</width>
	<height>32</height>
</image> 
	<item>
		<title>Solomon Islands &#8211; 2024 General Elections</title>
		<link>https://periscopekasaustralia.com.au/solomon-islands-2024-general-elections/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=solomon-islands-2024-general-elections</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Fri, 10 May 2024 07:20:10 +0000</pubDate>
				<category><![CDATA[Digital Snapshot]]></category>
		<guid isPermaLink="false">https://periscopekasaustralia.com.au/?p=2712</guid>

					<description><![CDATA[<p>#2/24</p>
<p>10 May 2024</p>
<p>Facts &#38; Figures</p>
<p>The Solomon Islands is an archipelago of more than 100 islands with 9 main island groups located in the south-west Pacific.&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/solomon-islands-2024-general-elections/">Solomon Islands &#8211; 2024 General Elections</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>#2/24</p>



<p>10 May 2024</p>



<p><strong>Facts &amp; Figures</strong></p>



<p>The Solomon Islands is an archipelago of more than 100 islands with 9 main island groups located in the south-west Pacific. The capital Honiara is based on the largest island, Guadalcanal. The population is estimated at over 700,000; predominantly Melanesian with small Polynesian, Micronesian, Chinese and European communities. Many Solomon Islanders make a living from farming and fishing. Whilst English is the official language, Solomons’ Pijin is most commonly spoken. As evidenced by the <a href="https://solomons.gov.sb/church-of-melanesia-remains-as-most-populous-religious-denomination-with-a-40-increase-since-2009/">2019 Census</a>, the country is mainly Christian, with the Church of Melanesia having the most followers (about 32% of the population, up by 40% since 2009), followed by the Catholic Church (about 20% of the population, up by 42% since 2009).</p>



<p>In 1893, the British Government established a protectorate over the eastern group of islands, with Germany controlling most of the Western islands. Later on, the British protectorate was extended to cover the nine main groups of islands. Buka and Bougainville became part of German New Guinea and were eventually incorporated into Papua New Guinea. In 1976, the Solomon Islands were granted internal self-government. The island state became independent on 7 July 1978 and joined the Commonwealth of Nations.</p>



<p>The political system provides for a unicameral national parliament with 50 members being elected for four years term under a first past the post voting system. The prime minister is elected by a simple majority of members of the parliament. Party structures are fluid, meaning the formation of governments usually requires complex coalitions. There are also nine provincial assemblies, each of which is led by a premier.</p>



<p>Source (including more details): <a href="https://www.dfat.gov.au/geo/solomon-islands/solomon-islands-country-brief">Solomon Islands country brief | Australian Government Department of Foreign Affairs and Trade (dfat.gov.au)</a></p>



<p><strong>Run up to the elections</strong></p>



<p>The Solomon Islands has experienced turbulent times since the previous general elections.</p>



<p>In <strong>2019</strong>, the then (now former) Prime Minister Manasseh Sogavare decided to cut ties with Taiwan, enabling the country to resume diplomatic relations with China. At the time, people in the streets raised concerns about the decision, arguing a Christian country’s values were incompatible with those of an authoritarian state. In <strong>2020</strong>, the province of Malaita, led by its former premier Daniel Suidani, held an independence referendum which the federal government dismissed as illegitimate. In <strong>2021</strong>, riots <a href="https://www.nytimes.com/2021/11/25/world/asia/solomon-islands-riot.html">broke out</a> in Honiara, with protesters trying to storm the former PM’s residence and targeting predominantly Chinese businesses. Many of the protesters came from the island of Malaita, the most populous island, reportedly discontent with a perceived unequal distribution of resources and lack of economic support leaving their province as one of the least developed. Media also reported lingering dissatisfaction over the central government’s decision to turn their backs on Taiwan. The riots were ultimately brought under control with the assistance of peacekeepers from Australia, New Zealand, Fiji and Papua New Guinea.</p>



<p>In <strong>2022</strong>, the Solomon Islands entered into a security agreement with China. Whilst the terms of the final agreement are unknown, a draft was leaked on social media which raised the alarm bells in Australia, the United States, and other like-minded countries (see Digital Snapshot 6/22 <a href="https://periscopekasaustralia.com.au/solomon-islands-security-made-in-china/">SOLOMON ISLANDS – Security made in China</a> and #8/22 <a href="https://periscopekasaustralia.com.au/solomon-islands-australias-red-line-in-the-pacific/">SOLOMON ISLANDS – Australia’s Red Line in the Pacific</a> for further details). In <strong>2023</strong>, the United States <a href="https://www.bbc.com/news/world-asia-64494244">reopened</a> its embassy in Honiara, 30 years after it was closed. This did not prevent Sogavare <a href="https://thediplomat.com/2023/07/solomon-islands-pm-visits-china-1-year-after-controversial-security-pact/">from visiting</a> China for the second time since 2019. Further, it did not prevent the former PM in his speech to the United Nations General Assembly from saying that the People’s Republic was his country’s lead infrastructure partner, and praising Bejing’s development cooperation as “less restrictive, more responsive and aligned to [his country’s] national needs”. He also ostentatiously <a href="https://www.theguardian.com/world/2023/sep/24/biden-pacific-summit-suffers-setback-as-solomon-islands-pm-skips-meeting">skipped</a> the 2<sup>nd</sup> US-Pacific Forum in held Washington DC, sending the then foreign minister (now prime minister), Jeremiah Manele, instead. In the same year, the Solomon Islands hosted the <a href="https://www.sol2023.com.sb/">7th Pacific Games</a> for which China donated seven stadiums and venues built by Chinese companies. In addition, the former PM postponed the election until a date after the <a href="https://www.fasanoc.org.fj/games/pacific-games#:~:text=The%20Pacific%20Games%20(formerly%20known,years%20and%20began%20in%201963.">Pacific Games</a> (November 2023) on the ground that his country did not have the resources to host a major sporting event and elections at the same time.</p>



<p><strong>General elections</strong></p>



<p>The general (federal and provincial) elections were ultimately held on 17 April 2024.</p>



<p>The official (federal and provincial) election results may be found <a href="https://siec.gov.sb/elections/list-of-constituencies-and-winners/">here</a>. According to media reports, the former PM’s Ownership, Unity and Responsibility (OUR) Party has won 15 seats, meaning whilst the party remains the largest in parliament, no less than 18 of their former ministers lost their seats. The former opposition leader Matthew Wale’s Democratic Party has secured 11 seats. Peter Kenilorea, the son of the country’s first post-independence prime minister, achieved 6 or 7 seats for his United Party. Seven members of parliament-elect belong to smaller parties, amongst them Amoi Chachabule’s (a businessman from Marovo) Peoples First Party. Further, ten independent candidates were elected. In other words, no party has achieved the majority required to govern in their own right.</p>



<p>As for the reasons for the election outcome, experts seem to agree it is rather owed to economic factors than concerns about Chinese domestic influence. In the Lowy Institute’s <a href="https://www.lowyinstitute.org/the-interpreter/solomon-islands-unexpected-defeat-sogavare">words</a>:</p>



<p><em>The&nbsp;</em><a href="https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fopenknowledge.worldbank.org%2Fentities%2Fpublication%2F10e99c67-30e8-402b-a5dc-afccb7453fc1&amp;data=05%7C02%7CSRoggeveen%40lowyinstitute.org%7C0764237dc5b341fe3b1c08dc6586b00d%7C1fb32338ad1940db98fdc701f150c316%7C0%7C0%7C638496876350644891%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&amp;sdata=WODyoxmxCXmSS8o6lVWk%2FbevhmrLLn2oZvpA2tVakHM%3D&amp;reserved=0"><em>economic downturn since 2020</em></a><em>, and a major contraction in log exports to China, conflicted with Sogavare’s promises of considerable developmental gains arising from the new diplomatic disposition.</em><em></em></p>



<p>The ANU’s Development Policy Centre <a href="https://devpolicy.org/solomon-islands-elections-who-won-on-the-night-and-why-20240429/">considers</a> there to exist a historic relationship between economic performance and incumbents’ electoral fortunes. The country’s GDP per capita, we are told, had <a href="https://data.worldbank.org/indicator/NY.GDP.MKTP.PP.KD?locations=SB">contracted considerably</a>&nbsp;in recent years. Further, the Centre <a href="https://www.solomonstarnews.com/3b-paid-no-progress/">presumes</a> that so called Constituency Development Funds (CDFs), ie largely government-funded monies which MPs may spend as they please, have fallen in real per capita terms.</p>



<p><strong>New prime minister and cabinet</strong></p>



<p>The selection of a new prime minister saw former PM Sogavare withdraw as a candidate, saying his government had been “under pressure from the United States and Western allies”, and that he had been “accused of many things”. <a>His party backed former foreign minister Jeremiah Manele instead, who was ultimately elected by secret ballot as the country’s new prime minister, defeating his opponent Matthew Wale in a 31 to18 count.</a> The new PM has meanwhile &nbsp;<a href="https://www.rnz.co.nz/international/pacific-news/516086/new-solomon-islands-pm-manele-unveils-first-line-up-of-ministers-more-to-be-revealed-soon">announced</a> the first 11 ministers of his new cabinet; another 12 ministers are expected to be sworn in shortly, including the minister of finance and treasury, infrastructure and development.</p>



<p>The Guardian describes PM Manele as “China-friendly”. Indeed, he was the foreign minister when the country cut its ties with Taiwan in 2019, and said that if elected he would continue the same foreign policy basis &#8211; “friends to all and enemies to none”. Following his election, PM Manele said that “the people have spoken” and called for calm. As per unofficial statements from diplomatic circles, the majority of people in the streets seem pleased with the new leader. This gives hope that the situation may remain calm for now.</p>



<p><strong>Provincial elections</strong></p>



<p>The outcome of the provincial elections is arguably no less important for the future of the Solomon Islands. This seems to apply, in particular, to the re-election to the provincial assembly of the former premier of Malaita. Whilst in office, Daniel Suidani not only spoke out openly out against closer ties with China but also refused to accept Chinese development assistance. He was also responsible for the province of Malaita’s 2020 independence referendum. As a result, he was removed from his position by way of a (reportedly orchestrated) non-confidence vote in February 2023. He was replaced by a pro-China administration led by Martin Fini, who lost his seat in the latest provincial elections.</p>



<p><strong>In sum</strong>, whilst the federal elections are likely to result in a continuation of the former prime minister’s policies, both domestically and in terms of foreign affairs, there are still too many uncertainties to predict the direction the country will take from here.</p>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.lowyinstitute.org/the-interpreter/can-solomon-islands-new-prime-minister-really-be-friends-all" class="vlp-link" title="Can Solomon Islands’ new prime minister really be friends to all?" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://www.lowyinstitute.org/sites/default/files/2024-05/Jeremiah%20Manele.jpg" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Can Solomon Islands’ new prime minister really be friends to all?		</div>
						<div class="vlp-link-summary">
			The success of the PM’s premiership will depend on his approach to pressing domestic problems as much as issues of national sovereignty.		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.bbc.com/news/articles/cxr3xpw9v04o" class="vlp-link" title="Jeremiah Manele: Pro-China candidate wins Solomon Islands PM vote" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://ichef.bbci.co.uk/news/1024/branded_news/d62a/live/1d104540-0831-11ef-82e8-cd354766a224.jpg" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Jeremiah Manele: Pro-China candidate wins Solomon Islands PM vote		</div>
						<div class="vlp-link-summary">
			Jeremiah Manele has already indicated he will continue the Pacific nation’s close ties with Beijing.		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.rnz.co.nz/international/pacific-news/516086/new-solomon-islands-pm-manele-unveils-first-line-up-of-ministers-more-to-be-revealed-soon" class="vlp-link" title="New Solomon Islands PM Manele unveils first line up of ministers, more to be revealed soon" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://media.rnztools.nz/rnz/image/upload/s--TCp_DN-h--/t_tohu-badge-facebook/v1714952399/4KQLVLE_Solomon_MPs_jpg" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			New Solomon Islands PM Manele unveils first line up of ministers, more to be revealed soon		</div>
						<div class="vlp-link-summary">
			Eleven MPs were confirmed as ministers in the Government for National Unity and Transformation coalition on Saturday and another 12 are exepcted to be sworn in the coming days.		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.theguardian.com/world/2024/apr/30/solomon-islands-manasseh-sogavare-election-2024-sibc-results" class="vlp-link" title="Solomon Islands bids farewell to a polarising PM who became the Pacific’s most China-friendly leader" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://i.guim.co.uk/img/media/0bd6c501039b3dde1f0f87ab5781aead3e2779a7/0_129_5500_3300/master/5500.jpg?width=1200&amp;height=630&amp;quality=85&amp;auto=format&amp;fit=crop&amp;overlay-align=bottom%2Cleft&amp;overlay-width=100p&amp;overlay-base64=L2ltZy9zdGF0aWMvb3ZlcmxheXMvdGctZGVmYXVsdC5wbmc&amp;enable=upscale&amp;s=03d3f29e5460bea9c5c43cf05f01ae81" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Solomon Islands bids farewell to a polarising PM who became the Pacific’s most China-friendly leader		</div>
						<div class="vlp-link-summary">
			Although Manasseh Sogavare’s time as prime minister of Solomon Islands is finished, his country’s relationship with China may still have some way to run		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://devpolicy.org/solomon-islands-elections-who-won-on-the-night-and-why-20240429/" class="vlp-link" title="Solomon Islands elections: who won on the night and why? - Devpolicy Blog from the Development Policy Centre" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://devpolicy.org/wp-content/uploads/2024/04/Voting_SIElectoralCommFB-e1714125075980.jpg" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Solomon Islands elections: who won on the night and why? &#8211; Devpolicy Blog from the Development Policy Centre		</div>
						<div class="vlp-link-summary">
			There’s no evidence that Solomon Islands’ voters spurned the OUR party because its leader had become too friendly with China, says Terence Wood.		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.abc.net.au/news/2024-04-29/solomon-islands-manasseh-sogavare-to-step-down-as-pm-candidate/103781462" class="vlp-link" title="Solomon Islands’ pro-China leader Manasseh Sogavare withdraws from the race to be next prime minister" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://live-production.wcms.abc-cdn.net.au/21401c392620d126de295c73f4857e6a?impolicy=wcms_watermark_news&amp;cropH=520&amp;cropW=924&amp;xPos=20&amp;yPos=0&amp;width=862&amp;height=485&amp;imformat=generic" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Solomon Islands’ pro-China leader Manasseh Sogavare withdraws from the race to be next prime minister		</div>
						<div class="vlp-link-summary">
			Solomon Islands’ pro-China leader, Manasseh Sogavare, has withdrawn from the race to be the next prime minister following the country’s national election.		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.internationalaffairs.org.au/australianoutlook/manasseh-sogavare-master-of-mayhem-in-the-solomon-islands/" class="vlp-link" title="Manasseh Sogavare – Master of Mayhem in the Solomon Islands - Australian Institute of International Affairs" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://www.internationalaffairs.org.au/wp-content/uploads/2024/03/solomon-islands.jpg" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Manasseh Sogavare – Master of Mayhem in the Solomon Islands &#8211; Australian Institute of International Affairs		</div>
						<div class="vlp-link-summary">
			In the Solomon Islands, an election in April will decide whether a Chinese allied prime minister keeps his job. Manasseh Sogavare has taken advantage of urban unrest in the past, but his security partners may be reluctant to assist in future.		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.abc.net.au/news/2024-03-09/women-placeholders-in-the-pacific-solomon-islands-fiji/103564412" class="vlp-link" title="Two female MPs in the Pacific have been replaced by their husbands, another demoted after alleged ‘sex scandal’" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://live-production.wcms.abc-cdn.net.au/dd820d0cb9a31f58b440fd3122c0003c?impolicy=wcms_watermark_news&amp;cropH=394&amp;cropW=700&amp;xPos=0&amp;yPos=51&amp;width=862&amp;height=485&amp;imformat=generic" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Two female MPs in the Pacific have been replaced by their husbands, another demoted after alleged ‘sex scandal’		</div>
						<div class="vlp-link-summary">
			In the same week a prominent female Fiji MP was demoted after an alleged affair, two Solomon Islands female MPs announced they would not be contesting next month’s election. The kicker? They’d be replaced by their husbands.		</div>
			</div>
</div>


<div class="vlp-link-container vlp-template-default wp-block-visual-link-preview-link">
	<a href="https://www.lowyinstitute.org/the-interpreter/solomon-islands-unexpected-defeat-sogavare" class="vlp-link" title="Solomon Islands: Unexpected defeat for Sogavare" rel="nofollow" target="_blank"></a>		<div class="vlp-link-image-container">
		<div class="vlp-link-image">
			<img decoding="async" src="https://www.lowyinstitute.org/sites/default/files/2024-04/GettyImages-2147870727.jpg" style="max-width: 150px; max-height: 150px" />		</div>
	</div>
		<div class="vlp-link-text-container">
				<div class="vlp-link-title">
			Solomon Islands: Unexpected defeat for Sogavare		</div>
						<div class="vlp-link-summary">
			Sogavare was tipped for a sweeping victory but suffered a major defeat. Now Solomon Islands politicians must form a new government, and keep the peace.		</div>
			</div>
</div>
<p>The post <a href="https://periscopekasaustralia.com.au/solomon-islands-2024-general-elections/">Solomon Islands &#8211; 2024 General Elections</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>SPECIAL EDITION 2023</title>
		<link>https://periscopekasaustralia.com.au/papers/special-edition-2023/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=special-edition-2023</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Fri, 08 Sep 2023 02:03:34 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=paper&#038;p=2523</guid>

					<description><![CDATA[<p>&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/papers/special-edition-2023/">SPECIAL EDITION 2023</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The post <a href="https://periscopekasaustralia.com.au/papers/special-edition-2023/">SPECIAL EDITION 2023</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Dr Berenika Drazewska</title>
		<link>https://periscopekasaustralia.com.au/contributors/dr-berenika-drazewska/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=dr-berenika-drazewska</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Wed, 30 Aug 2023 06:11:43 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=contributor&#038;p=2542</guid>

					<description><![CDATA[<p>Dr Berenika Drazewska is a Senior Research Fellow at the Yong Pung How Facultyof Law, Singapore Management University. She holds a Ph.D.&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/dr-berenika-drazewska/">Dr Berenika Drazewska</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Dr Berenika Drazewska is a Senior Research Fellow at the Yong Pung How Faculty<br>of Law, Singapore Management University. She holds a Ph.D. in international law from<br>the European University Institute in Florence, Italy (2016), an LL.M. (2011) from the<br>same institution, and a Master’s degree in law from the University of Warsaw, Poland<br>(2010). Following the completion of her Ph.D., she did postdoctoral research work<br>at the Buchmann Faculty of Law, Tel Aviv University in Israel, and the British Institute<br>of International and Comparative Law (BIICL) in London. Berenika has published<br>and peer-reviewed articles in international law reviews, and published a scholarly<br>monograph which addresses the legal configuration and interpretation of military<br>necessity – an issue critical to the understanding of the protection of cultural heritage<br>in armed conflict in international law (Brill, 2021).</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/dr-berenika-drazewska/">Dr Berenika Drazewska</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Alina Holzhausen</title>
		<link>https://periscopekasaustralia.com.au/contributors/alina-holzhausen/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=alina-holzhausen</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Wed, 30 Aug 2023 06:10:43 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=contributor&#038;p=2541</guid>

					<description><![CDATA[<p>Alina Holzhausen is a Researcher in Environmental and Climate Change Law atBIICL. She is also a PhD student at the University of Aberdeen, Scotland, researchingclimate change litigation and human rights.&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/alina-holzhausen/">Alina Holzhausen</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Alina Holzhausen is a Researcher in Environmental and Climate Change Law at<br>BIICL. She is also a PhD student at the University of Aberdeen, Scotland, researching<br>climate change litigation and human rights. Alina graduated from the University<br>of Bayreuth with a German diploma in law and holds a Maîtrise in International Law<br>(University of Bordeaux) and an LLM in International Law and International Relations<br>(University of Aberdeen). She practised law at the German Parliament before coming to the UK in 2019. Alina has been teaching tutorials in Constitutional Law in Bayreuth,<br>and tutorials in EU Law, Comparative Law, and Public International Law in Aberdeen.<br>She has also been teaching lectures on Sustainable Development and Renewable<br>Energy for LLM students, as well as lectures part of BIICL’s training programme. Her<br>main research interests include Human Rights Law, Climate Change Law, International<br>Environmental Law, and Public International Law.</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/alina-holzhausen/">Alina Holzhausen</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Kristin Hausler</title>
		<link>https://periscopekasaustralia.com.au/contributors/kristin-hausler/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=kristin-hausler</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Wed, 30 Aug 2023 06:09:24 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=contributor&#038;p=2540</guid>

					<description><![CDATA[<p>Kristin Hausler is the Dorset Senior Fellow and the Director of the Centre for InternationalLaw at the British Institute of International and Comparative Law, in London.Since&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/kristin-hausler/">Kristin Hausler</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Kristin Hausler is the Dorset Senior Fellow and the Director of the Centre for International<br>Law at the British Institute of International and Comparative Law, in London.<br>Since joining the Institute in 2007, she has developed and led several research projects,<br>including on human rights and climate change. Her area of expertise is cultural<br>heritage law. She regularly leads training on heritage protection and provides advice<br>on legislative drafting regarding cultural heritage matters. She has also spoken at<br>events around the world, including at the United Nations, and is regularly invited to<br>teach cultural heritage law, such as at the University of Geneva, Leiden University, or<br>Georgetown Law. Previously, she worked in a museum in Canada on a project focused<br>on the return of Ancestral remains to Indigenous communities. Since 2010, she has<br>been an elected member of the ILA Committee on cultural heritage.</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/kristin-hausler/">Kristin Hausler</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Dr Petra Butler</title>
		<link>https://periscopekasaustralia.com.au/contributors/dr-petra-butler/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=dr-petra-butler</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Wed, 30 Aug 2023 06:07:45 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=contributor&#038;p=2539</guid>

					<description><![CDATA[<p>Dr Petra Butler is the Director of the Institute of Small and Micro States (ISMS).ISMS’ aim is inter alia to provide independent expert advice, especially in the area oflaw reform and the placement of (regional) experts.&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/dr-petra-butler/">Dr Petra Butler</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Dr Petra Butler is the Director of the Institute of Small and Micro States (ISMS).<br>ISMS’ aim is <em>inter alia</em> to provide independent expert advice, especially in the area of<br>law reform and the placement of (regional) experts. One of the signature events is the<br>yearly Small States conference, co-organised with Wilmer Cutler Pickering Hale and Dorr LLP<br>and the British Institute of International and Comparative Law (BIICL), which discusses<br>issues relevant for small states. Petra is also a professor at Victoria University of Wellington. She specialises in domestic and international human rights, public and private comparative law, and international commercial law with an emphasis on international commercial contracts and international dispute resolution. She has published extensively in those areas and is invited regularly to speak at conferences, workshops and seminars. Petra has particular expertise in law reform, including leading and has most recently lead the Commonwealth Secretariat study into judicial diversity in small Commonwealth states and into international commercial arbitration in the Commonwealth. Petra is a fully qualified German and New Zealand lawyer. She is admitted as a barrister to the High Court of New Zealand and regularly advises private and public clients in her areas of expertise.</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/dr-petra-butler/">Dr Petra Butler</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Foreword</title>
		<link>https://periscopekasaustralia.com.au/papers/special-edition-2023/foreword/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=foreword</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Wed, 23 Aug 2023 02:10:04 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=paper&#038;p=2528</guid>

					<description><![CDATA[<p>On behalf of Konrad Adenauer Stiftung – Regional Programme Australia and the Pacific (KAS Australia), I am delighted to present to you the first Special Edition of our Periscope Paper Series.&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/papers/special-edition-2023/foreword/">Foreword</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<article class="section-child">
	<div class="primary primary-article">
  	

<p>On behalf of Konrad Adenauer Stiftung – Regional Programme Australia and the Pacific (KAS Australia), I am delighted to present to you the first Special Edition of our Periscope Paper Series. Entitled ‘Intangible Cultural Heritage within the Laws and Policies of South Pacific Small Island States in the Climate Crisis: Towards a More Resilient and Inclusive Approach’, the edition deals with the protection of intangible cultural heritage in Fiji, Kiribati, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.</p>



<p>This Special Edition would not have been possible without special authors, who I would<br>briefly like to introduce. The mastermind behind this research report is Prof Dr Petra Butler from the Law School of Victoria University of Wellington, who also heads the<br>Institute of Small and Micro States. I have known Petra for several years now and can<br>say that throughout this time she has proved to have an excellent command of legal<br>matters of concern to the Pacific region. This includes of course climate change and the<br>impact of rising sea levels on the Pacific region, its peoples and livelihoods.</p>



<p>In order to ensure the research was carried out to the highest possible standard, Petra<br>collaborated with the British Institute of International Comparative Law (BIICL) in<br>London, which is, one of the few organisations worldwide whose researchers are<br>specialising in cultural heritage law, environmental law and climate change law,<br>including in the Pacific region. The research consortium included:<br>• Kristin Hausler, the Dorset Senior Fellow and Director of the Centre for International<br>Law at BIICL;<br>• Alina Holzhausen, a researcher in Environmental and Climate Change Law at BIICL, to<br>carry out the research on Tonga and to provide additional support to the research project.<br>• Dr Berenika Drazewska, a (now) former postdoctoral researcher at BIICL, who has since<br>moved on to become a Senior Research Fellow at the Yong Pung How Faculty of Law at the Singapore Management University; and</p>



<p>Being a lawyer by background myself, and having closely followed the adoption of the UNESCO Convention on the Protection of Intangible Cultural Heritage in 2003, I was privileged to have had the opportunity to carry out some of the interviews in support of this project.</p>



<p>Let me commend this groundbreaking re- search report to you, which I trust you find valuable and thought-provoking whether or not intangible cultural heritage is at the core of what you do. May it contribute to the protection of such heritage, and therefore the stability, of the Pacific region.</p>


  </div>
</article>
<p>The post <a href="https://periscopekasaustralia.com.au/papers/special-edition-2023/foreword/">Foreword</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Weaponised Trade: A New Concept for anIncreasingly Complex World</title>
		<link>https://periscopekasaustralia.com.au/briefs/weaponised-trade-a-new-concept-for-anincreasingly-complex-world/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=weaponised-trade-a-new-concept-for-anincreasingly-complex-world</link>
		
		<dc:creator><![CDATA[swell_admin]]></dc:creator>
		<pubDate>Thu, 22 Dec 2022 03:42:51 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=brief&#038;p=2151</guid>

					<description><![CDATA[<p>1. Introduction &#38; Current Context</p>
<p>The international trade regime was a sea of tranquillity for a long time. It was the domain of trade economists and trade lawyers,&#160; tucked away at the World Trade Organization (WTO)1&#160;&#160;&#160; on the shores&#160;&#160; of Lake Geneva.&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/briefs/weaponised-trade-a-new-concept-for-anincreasingly-complex-world/">Weaponised Trade: A New Concept for an&lt;br&gt;Increasingly Complex World</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p><strong>1. Introduction &amp; Current Context</strong></p>



<p>The international trade regime was a sea of tranquillity for a long time. It was the domain of trade economists and trade lawyers,&nbsp; tucked away at the World Trade Organization (WTO)<sup>1&nbsp;</sup>&nbsp;&nbsp; on the shores&nbsp;&nbsp; of Lake Geneva. The trade regime as it has developed is being undermined by the twin forces of geo-political confrontation and geo-economic fragmentation.</p>



<p>Examples for how trade is being utilised as a new battlefield abound: the curtailment or cancellation&nbsp; of energy deliveries by Russia to European countries, the initiation of trade sanctions by China against various products from Australia, and the trade war between China and the United States (US).</p>



<p><strong>2. Weaponised Trade: A New Concept </strong></p>



<p><strong>a.</strong> <strong>How Did We Get Here?</strong></p>



<p>The global and regional trade environment was largely immune from the monumental political upheaval following the fall of the Iron Curtain and was able to operate in what many trade insiders thought was “clinical isolation<sup>2</sup>” from everyday politics<sup>3</sup>. During the heyday of international cooperation, lasting just over a decade after the fall of the Berlin Wall until the invasion of Iraq in 2003, the world witnessed increased efforts at creating institutions that were designed to no longer just coordinate international affairs but to lead towards a more cooperative approach. <sup>4</sup></p>



<p>One of the outcomes of this new “Weltinnenpolitik” (roughly translatable as “global domestic governance”)<sup>5 </sup>was the creation of the WTO in 1995 which succeeded the General Agreement on Tariffs and Trade (GATT), signed in 1947.<sup>6</sup> Building on the latter, the WTO provided an institutional framework for creating and enforcing global trade rules, including a strong judicial enforcement mechanism.<sup>7</sup> The WTO extended subject matter coverage of the GATT era well beyond the regulation of goods. It also included services and intellectual property rights and, moreover, provided far more detailed rules in a variety of areas such as subsidies and dumping, standards, as well as health and government procurement. Some of the key purposes of the GATT / WTO frameworks are to foster stable and predictable trading relations, and to prevent the unilateral, discriminatory trade actions that could fuel political hostility.<sup>8</sup> Such measures were some of the major drivers that have traditionally led to widespread conflict.</p>



<p>Since then, the world has changed dramatically: the unipolar moment in which the US found itself as the lone superpower (though not the end of history as some portrayed it) has made way for an era of political and economic uncertainty. Among the most notable features are more complex international relations, the ascendance of China as a global power and the emergence of different narratives of what institutions such as the WTO are supposed to do.</p>



<p><strong>b. The Concept of Weaponised Trade</strong></p>



<p>Weaponised Trade is a concept that has been used by different stakeholders in a range of ways. The lack of a definition has made this concept susceptible to advancing political objectives. Misdiagnosing Weaponised Trade and overstating its incidence can be problematic insofar as it heightens the perceptions of conflict and exacerbates international tensions.</p>



<p>Properly understood, Weaponised Trade is the manipulation of existing trade relations to advance (geo) political objectives.<sup>9</sup> This definition contains important elements which are worth expanding upon.</p>



<p><em>(1) Externally Oriented</em></p>



<p>Weaponised Trade is deployed to change a target government’s behaviour in potentially unrelated policy arenas. It is thus primarily externally-oriented and offensive in nature. The goal of Weaponised Trade is to coerce another government to change its behaviour or simply punish it. Defining measures as either offensive or defensive can sometimes be difficult not the least because, at times, the answer lies in the eyes of the beholder.</p>



<p></p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img decoding="async" src="https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/export-and-import-restrictions-1024x713.png" alt="" class="wp-image-2154" width="-210" height="-145" srcset="https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/export-and-import-restrictions-1024x713.png 1024w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/export-and-import-restrictions-380x264.png 380w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/export-and-import-restrictions-768x534.png 768w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/export-and-import-restrictions-1536x1069.png 1536w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/export-and-import-restrictions-2048x1425.png 2048w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure></div>


<p></p>



<p><em>(2)Formal and Informal Measures</em></p>



<p>Weaponised Trade encompasses formal and informal measures. The latter are difficult to diagnose, and aggressors often deny that they are engaging in offensive actions claiming a veneer of legal plausibility. These measures are often carried out not only by governments but also by private actors. On the offensive side, private actors may act as a substitute for governments which leads to notoriously difficult questions of legal attributability. Commercial fishing fleets are typically private actors, but they can be enlisted to help advance state objectives by undertaking commercial activities in disputed territories. On the defensive side, while Weaponised Trade measures are primarily aimed at the target government to induce a change in behaviour, they often have direct impact on businesses and consumers.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img decoding="async" src="https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/formal-and-informal-measures-866x1024.png" alt="" class="wp-image-2153" width="477" height="563" srcset="https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/formal-and-informal-measures-866x1024.png 866w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/formal-and-informal-measures-322x380.png 322w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/formal-and-informal-measures-768x908.png 768w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/formal-and-informal-measures-1300x1536.png 1300w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/formal-and-informal-measures-1733x2048.png 1733w" sizes="(max-width: 477px) 100vw, 477px" /></figure></div>


<p><em>(3) A Legal and Political Grey Zone</em></p>



<p>Weaponised Trade is distinct from regular commercial and/or trade policy issues. Some trade-related activities might disadvantage private players but simply constitute ordinary competitive commercial relations. Weaponised Trade measures on the other hand are properly characterised as a security issue: they are motivated by geostrategic objectives and can have serious geostrategic consequences.</p>



<p>From a legal perspective, Weaponised Trade measures fall into grey zones. They fall outside the boundaries of the acceptable use of trade for security purposes and raise security concerns because they bypass international law and because countries unilaterally apply economic mechanisms as a form of political pressure. Since some Weaponised Trade measures cannot be challenged legally, they undermine the existing systems of economic and security governance.</p>



<p>Properly delineated, Weaponised Trade allows for an accurate analysis of predatory economic activity. In an economically interdependent world, some governments may seek to manipulate trade relations to intentionally harm other countries and advance broader geostrategic objectives. Governments should be aware of the security challenges posed by Weaponised Trade measures and be cognisant of the range of diplomatic and policy responses it may trigger.</p>



<p><strong>c.</strong> <strong>Increasing Use of Weaponised Trade</strong></p>



<p>Over the last decade the use of Weaponised Trade measures has become more widespread.<sup>10 </sup>While there were occasional instances of similar measures being taken prior to 2010, they were far more discreet in nature.</p>



<ol class="wp-block-list" type="1">
<li>Early Example: European Union against United States in 2002</li>
</ol>



<p>One example was the imposition of 30% tariffs on steel imports to protect domestic producers against low-cost imports in 2002 by then-US President George W Bush.<sup>11</sup> These measures were targeted to mollify the powerful domestic steel industry, yet at the same time caused harm to downstream producers such as carmakers. This resulted in the then-European Communities (now the EU) imposing tariffs on specific US products (including iconic brands such as Harley Davidson and Tropicana, as well as recreational guns and ammunition, textiles and steel products) from certain US states to ‘leverage a change of decision’.<sup>12</sup> The products were strategically selected and sanctions were aimed at swing states in the upcoming US election that the Republicans needed to carry to retain the House of Representatives, namely Florida, Wisconsin, Pennsylvania and West Virginia.<sup>13 </sup>An analysis of the tariffs in the early 2000s found that 200,000 workers in the US manufacturing industries lost their jobs due to the tariffs.<sup>14</sup></p>



<p>     2. Recent Example I: China – United States</p>



<p>In early 2018, then-US President Donald Trump imposed import tariffs on China amounting to USD34 billion. These measures were put in place on the one hand in an attempt to retain manufacturing jobs in the US, but also as a response to the direct competition of China as an emerging economic superpower. The US imposed 25% tariffs on all steel imports, 30% tariffs on all solar panel imports, 50% tariffs on all washing machine imports and 10% tariffs on all aluminium imports.<sup>15</sup> The then- President Trump relied on Section 232 of the 1962 Trade Expansion Act, which permits the President to impose tariffs on national security grounds.<sup>16</sup> In March 2018, Trump used Section 301 of the Trade Act of 1974 to justify tariffs on certain Chinese products, such as medical devices, satellites, aircraft parts and weapons, valued at USD 50-60 billion.<sup>17 </sup>These measures were justified as a response to Chinese intellectual property measures and investment that “impaired the interest of the USA”.<sup>18 </sup>China responded in April 2018 by imposing its own tariffs on US products, namely aluminium, cars, pork and soy beans.<sup>19</sup></p>



<p>The latest iteration of the recurring and escalating rounds of trade measures was the imposition of new export controls concerning artificial intelligence (AI) and semiconductor technologies to China.<sup>20</sup> Under these new restrictions, US-based computer chip designers are no longer allowed to export high-end chips (defined as being smaller than 14nm) to China.</p>



<p>These measures are designed to set up chokepoints to set Chinese computer chip manufacturers back decades as they no longer have access to either the chips themselves or the design for these chips.<sup>21</sup> These measures are strategic as well as offensive in nature and geared towards inducing change in the way that the Chinese Government acts with respect to gaining access to advance chip technology, thus falling squarely within the realm of Weaponised Trade.</p>



<p>     3. Recent Example II: The Impact on Australia and Pacific Islands</p>



<p>Australia has been a prominent target of Weaponised Trade measures. In the years leading up to 2020, political tensions between China and Australia had been rising. Among the reasons for this development were Australia’s informal decision to ban Chinese companies Huawei and ZTE from participating in the construction of Australia’s 5G infrastructure; its call for an independent enquiry into the outbreak of the COVID-19 pandemic in Wuhan; and its criticism of the human rights situations in Hong Kong and in Xinjiang.<sup>22</sup></p>



<p>In May 2020, China imposed 80% tariffs on imports of Australian barley and unofficial import restrictions on other Australian products such as beef, cotton, timber and lobster. These measures were justified by claims of breaching health standards for trade of those products.<sup>23</sup> In June 2020, China again imposed official tariffs of up to 218% on Australian wine imports as the result of an anti- dumping investigation.<sup>24</sup> Later in 2020, Australian coal was left waiting at Chinese ports, following unofficial orders to not process Australian coal through customs due to environmental concerns.<sup>25</sup></p>



<p>One commodity that remained excluded from Chinese measures was iron ore, arguably because of China’s continued reliance on Australian iron ore.<sup>26</sup> In 2020, Australian total exports to China reached AUD 145.2 billion, just 2% lower than the record high set in 2019.<sup>27</sup> Producers for other products were able to explore other export markets, such as barley, beef and coal.<sup>28</sup> The impact on the lobster and wine industries were far more detrimental.<sup>29</sup></p>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="603" height="412" src="https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/Graph-Weaponised-Trade-3.jpg" alt="" class="wp-image-2152" srcset="https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/Graph-Weaponised-Trade-3.jpg 603w, https://periscopekasaustralia.com.au/wp-content/uploads/2022/12/Graph-Weaponised-Trade-3-380x260.jpg 380w" sizes="auto, (max-width: 603px) 100vw, 603px" /></figure>



<blockquote class="wp-block-quote is-style-plain is-layout-flow wp-block-quote-is-layout-flow">
<p><a href=""></a><a href="https://twitter.com/ErykBagshaw/status/1328983898911457280/photo/1" target="_blank" rel="noreferrer noopener">https://twitter.com/ErykBagshaw/status/1328983898911457280/photo/1</a></p>
</blockquote>



<p>In November 2020, China’s Embassy in Canberra outlined a list of 14 grievances against Australia.<sup>30 </sup>They range from restricting China’s foreign investment in Australia on unfounded national security grounds; interference in China’s dealings with Taiwan and Hong Kong; banning Huawei and ZTE from Australia’s 5G infrastructure development; calls for an independent investigation into the COVID-19 virus; ‘doing the bidding of the US’; and a generally hostile environment created by Australian politicians and media outlets.</p>



<p>While there might have been some ambiguity over China’s motives in the initial phases of its measures against Australia,<sup>31</sup> it appears now clear that China was employing rapprochement,<sup>32</sup> Trade against Australia. It targeted industries in different Australian states and especially the politically powerful farming and commodities industries, in the hope of swaying government policy. In the end, the measures had surprisingly little impact. The Liberal Government remained steadfast in its policy settings, and it was only after a change in government in Australia that the relationship between the two countries has started to reset. Despite the beginning of a rapprochement, there is a long way to go to mend affairs and a full return to the status quo ante is unlikely. A recent meeting between Australian Prime Minister Anthony Albanese and Chinese President Xi Jinping is only a starting point for what can be expected to be protracted negotiations.<sup>33</sup> Perhaps most tellingly, the Australian population increasingly views China to be more of a security threat than an economic partner,<sup>34</sup> although the causes of this change in perceptions are not clear.<sup>35</sup></p>



<p>While not the target of Weaponised Trade measures, Pacific Islands are often caught in the proverbial middle. The Pacific is seen by both China and the US, but also Australia and to a lesser extent New Zealand as an important strategic geographic area. Rather than being exposed to Weaponised Trade measures, the countries of the Pacific are often the subject of what could be termed “Weaponised Aid”, ie when donor governments place conditions on or (threaten to) withdraw aid to exert political pressure.<sup>36</sup></p>



<p>    4. Recent Example III: Europe and Weaponised Trade</p>



<p>Europe has not been immune to Weaponised Trade measures. The EU and European countries have been the target of Weaponised Trade on several occasions. The war against Ukraine – starting in 2014 with the annexation of Crimea and returning to public consciousness in early 2022 with yet another Russian attack on Ukraine – serves as a potent reminder of the power of the impact Weaponised Trade can have.</p>



<p>Prior to the renewed military invasion of Ukraine by Russian forces in February 2022, Russia had weaponised its energy supplies to coerce Ukraine. The country repeatedly threatened to throttle or withhold gas exports to Ukraine or gas exports transiting Ukraine to exert political influence over the Ukrainian Government.<sup>37</sup> This was particularly the case as Ukraine signed its Association Agreement with the EU in 2014, taking an important step in the process of reorienting the country towards the EU and potentially future EU membership.<sup>38</sup></p>



<p>Similarly, Russia used the dependence of a number of EU countries on Russian energy supplies in attempt to change the position of these countries’ governments regarding the war in Ukraine. Shortly after fighting erupted again in February 2022 and throughout the year, Russia has curtailed or discontinued gas deliveries – ostensibly to change the sentiment in the population of these countries regarding Russia.<sup>39</sup> Russia’s actions have greatly contributed to an increase in energy prices in Europe and beyond.<sup>40</sup> European countries have reacted by increasing storage capacities for gas, looking for alternate suppliers, and accelerating the transition to renewable energies. At the time of writing, it is unclear whether the unity that has characterised EU member states (and their populations) in response to Russia’s aggression<sup>41</sup> will remain intact.</p>



<p>Another example of Weaponised Trade concerns Chinese trade measures against Lithuania, following the opening of a Taiwanese Representative Office in Vilnius, the Lithuanian capital in July 2021.<sup>42</sup> China imposed informal, ad hoc measures against Lithuania in August 2021, interfering in the transport of goods between the countries, the removal of Lithuanian goods from customs clearance and pressuring EU companies to remove Lithuanian imports from their supply chains when exporting to China. The EU subsequently requested WTO consultations – a precursor to legal WTO proceedings – with China, on 27 January 2022, alleging inconsistencies with the General Agreement on Trade in Services (GATS), GATT 1994, the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), China’s Protocol of Accession and the Agreement on Trade Facilitation (TFA).<sup>43</sup></p>



<p>     5. Possible Responses to Weaponised Trade</p>



<p>The concept of Weaponised Trade is a useful concept within the current global geopolitical environment. The existing literature has not clearly defined the consequences of Weaponised Trade.<sup>44</sup> Understanding the consequences of Weaponised Trade and how the concept has evolved in recent years helps governments to develop new and strengthen existing strategies to mitigate the effects and potentially prevent future attempts to use trade as a potent weapon.</p>



<p>Because Weaponised Trade comes in a range of guises, there is no “one size fits all” response to the challenge. Governments have responded to instances of Weaponised Trade through various means. The USA and China have responded rather aggressively to Weaponised Trade with further Weaponised Trade measures. Middle powers such as Korea and Australia have deemed it more fruitful to respond with more defensive measures, seeking to reduce their trade dependence on China by diversifying their import and export markets. Some countries have commenced proceedings at the WTO.</p>



<p>COVID-19 and the war in Ukraine have exposed the vulnerability of supply chains and have shown the impact of their disruption on governments but also people’s lives. Governments have responded by attempting to re-shore or “friendshore” goods and services that have for a long time been taken for granted and are now seen as critical in times of crisis. These include pharmaceuticals, personal protective equipment, gas as well as precursor materials such as agricultural production chemicals and rare earths.</p>



<p>Given recent developments, these are rational responses by government actors. There is however a real risk that the already existing siloing of international relations in general, and international economic relations in particular, will continue to accelerate.<sup>45</sup> This will have detrimental consequences not only for international relations but also the everyday lives of people around the world.</p>



<ol class="wp-block-list" type="1">
<li><strong><a href="https://www.wto.org/">https://www.wto.org/</a></strong></li>



<li>World Trade Organization, ‘Appellate Body Repertory of Reports and Awards 1995-2013 &#8211; Interpretation’ <a href="https://www.wto.org/english/tratop_e/dispu_e/repertory_e/i3_e.htm">https://www.wto.org/</a><a href="https://www.wto.org/english/tratop_e/dispu_e/repertory_e/i3_e.htm"> english/tratop_e/dispu_e/repertory_e/i3_e.htm </a>accessed 30 November 2022.</li>



<li>Ibid.</li>



<li>Christian Tomuschat, ‘International Law: Ensuring the Survival of Mankind on the Eve of a New Century General Course on Public International Law (Volume 281)’, Collected Courses of the Hague Academy of International Law (Brill 1999) https://referenceworks</li>



<li>But see already Carl Friedrich von Weizsäcker, Bedingungen des Friedens, Friedenspreis des deutschen Buchhandels, <a href="https://friedenspreis-des-deutschen-buchhandels.de/fileadmin/user_upload/preistraeger/reden_1950-1999/1963_v_weizsaecker.pdf">https:// friedenspreis-des-deutschen-buchhandels.de/fileadmin/user_upload/preistraeger/reden_1950-1999/1963_v_weizsaecker.pdf</a></li>



<li>Craig VanGrasstek, The History and Future of the World Trade Organization (World Trade Organization 2013). See also Terence P Stewart, The GATT Uruguay Round: A Negotiating History (1986-1992) (Kluwer Law and Taxation Publishers 1993).</li>



<li>Markus Wagner, Article III of the Marrakesh Agreement Establishing the World Trade Organization, in: Laura Wanner, Peter-Tobias Stoll and Holger Hestermeyer (eds), Commentaries on World Trade Law: Volume 1 – Institutions and Dispute Settlement, 2nd ed., Brill 2022, 29, available at <a href="https://papers.ssrn.com/abstract_id%3D3676816">https://papers.ssrn.com/abstract_id=3676816</a></li>



<li>Kyle Bagwell and Robert Staiger, ‘The WTO: Theory and Practice’ (National Bureau of Economic Research 2009, Working Paper 15445), <a href="http://www.nber.org/papers/w15445.pdf">www.nber.org/papers/w15445.pdf </a>accessed 30 November 2022.</li>



<li>Lisa Toohey and others, Weaponised Trade: Mapping the Issues for Australia (2022) 12, <a href="https://ssrn.com/abstract%3D4154030">https://ssrn.com/abstract=4154030</a> accessed 8 September 2022.</li>



<li>Ibid 27.</li>



<li>William Hauk, ‘George W. Bush Tried Steel Tariffs. It Didn’t Work’ (The Conversation), <a href="https://theconversation.com/george-w-bush-tried-steel-tariffs-it-didnt-work-92904">https://theconversation.com/george-w-bush- tried-steel-tariffs-it-didnt-work-92904 </a>accessed 30 November 2022.</li>



<li>Mark Tran, ‘EU Plans Retaliation for Us Steel Tariffs’ The Guardian (22 March 2002), <a href="https://theguardian.com/world/2002/mar/22/usa.eu">https://theguardian.com/world/2002/mar/22/</a><a href="https://theguardian.com/world/2002/mar/22/usa.eu"> usa.eu </a>accessed 30 November 2022</li>



<li>Ibid.</li>



<li>Joseph Francois and Laura Baugham, ‘The Unintended Consequences of U.S. Steel Import Tariffs: A Quantification of the Impact During 2002’ (2003), <a href="https://tradepartnership.com/pdf_files/2002jobstudy.pdf">https://tradepartnership.com/pdf_files/2002jobstudy.pdf </a>accessed 30 November 2022</li>



<li>For a timeline of the trade war between the US and China, see Chad Bown and Melina Kolb, ‘Trump’s Trade War Timeline: An Up-to- Date Guide’ (Trump’s Trade War Timeline: An Up-to-Date Guide, 16 April 2018), <a href="https://www.piie.com/blogs/trade-and-investment-policy-watch/trumps-trade-war-timeline-date-guide">https://www.piie.com/blogs/trade-and-investment-</a><a href="https://www.piie.com/blogs/trade-and-investment-policy-watch/trumps-trade-war-timeline-date-guide"> policy-watch/trumps-trade-war-timeline-date-guide </a>accessed 30 November 2022.</li>



<li>Tolulope Anthony Adekola, ‘US–China Trade War and the WTO Dispute Settlement Mechanism’ (2019) 18 Journal of International Trade Law and Policy 125, 127.</li>



<li>Chad Bown and Melina Kolb (n 15).</li>



<li>Ibid.</li>



<li>Ibid.</li>



<li>United States Department of Commerce – Bureau of Industry and Security, Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification, Docket No. 220930-0204, <a href="https://public-inspection.federalregister.gov/2022-21658.pdf">https://public-inspection.federalregister.gov/2022-21658.pdf </a>accessed 30 November 2022.</li>



<li>Gregory C. Allen Choking Off China’s Access to the Future of AI, Center for Strategic and International Studies, October 2022, <a href="https://csis-website-prod.s3.amazonaws.com/s3fs-public/publication/221011_Allen_China_AccesstoAI.pdf?TMRG1RYN1EZyPhrrxoU7s2VzCs4Tjr4Q">https://csis-website-prod.s3.amazonaws.com/s3fs-public/publication/221011_Allen_China_AccesstoAI.</a><a href="https://csis-website-prod.s3.amazonaws.com/s3fs-public/publication/221011_Allen_China_AccesstoAI.pdf?TMRG1RYN1EZyPhrrxoU7s2VzCs4Tjr4Q"> pdf?TMRG1RYN1EZyPhrrxoU7s2VzCs4Tjr4Q</a></li>



<li>Weihuan Zhou and James Laurenceson, ‘Demystifying Australia – China Trade Tensions’ [2021] SSRN Electronic Journal 2, <a href="https://ssrn.com/abstract%3D3806162">https://</a><a href="https://ssrn.com/abstract%3D3806162"> ssrn.com/abstract=3806162 </a>accessed 8 September 2022</li>



<li>‘China Is Curbing Imports of More and More Australian Goods’ The Economist, <a href="https://economist.com/asia/2020/11/12/china-is-curbing-imports-of-more-and-more-australian-goods">https://economist.com/asia/2020/11/12/china-is-</a><a href="https://economist.com/asia/2020/11/12/china-is-curbing-imports-of-more-and-more-australian-goods"> curbing-imports-of-more-and-more-australian-goods </a>accessed 30 November 2022</li>



<li>Markus Wagner and Weihuan Zhou, ‘It’s Hard to Tell Why China Is Targeting Australian Wine. There Are Two Possibilities’ (The Conversation), <a href="https://theconversation.com/its-hard-to-tell-why-china-is-targeting-australian-wine-there-are-two-possibilities-144734">https://theconversation.com/its-hard-to-tell-why-china-is-targeting-australian-wine-there-are-two-possibilities-144734 </a>accessed 8 September 2022. See also Trish Gleeson, Donkor Addai and Liangyue Cao, ‘Australian Wine in China: Impact of China’s Anti-Dumping Duties’ (ABARES Research Report 21.10, July 2021).</li>



<li>Zhou and Laurenceson (n 20) 19.</li>



<li>Ibid 9.</li>



<li>Ibid.</li>



<li>Ibid 10.</li>



<li>Ibid.</li>



<li>Jonathan Galloway, Kearsley, Eryk, and Bagshaw, Anthony, ‘“If You Make China the Enemy, China Will Be the Enemy”: Beijing’s Fresh Threat to Australia’ (The Sydney Morning Herald, 18 November 2020), <a href="https://www.smh.com.au/world/asia/if-you-make-china-the-enemy-china-will-be-the-enemy-beijing-s-fresh-threat-to-australia-20201118-p56fqs.html">https://www.smh.com.au/world/asia/if-you-make-china-the-</a><a href="https://www.smh.com.au/world/asia/if-you-make-china-the-enemy-china-will-be-the-enemy-beijing-s-fresh-threat-to-australia-20201118-p56fqs.html"> enemy-china-will-be-the-enemy-beijing-s-fresh-threat-to-australia-20201118-p56fqs.html </a>accessed 30 November 2022.</li>



<li>Markus Wagner and Weihuan Zhou, ‘It’s Hard to Tell Why China Is Targeting Australian Wine. There Are Two Possibilities’ (The Conversation), <a href="https://theconversation.com/its-hard-to-tell-why-china-is-targeting-australian-wine-there-are-two-possibilities-144734">https://theconversation.com/its-hard-to-tell-why-china-is-targeting-australian-wine-there-are-two-</a><a href="https://theconversation.com/its-hard-to-tell-why-china-is-targeting-australian-wine-there-are-two-possibilities-144734"> possibilities-144734 </a>accessed 8 September 2022</li>



<li>Lisa Toohey, Markus Wagner and Weihuan Zhou, ‘A Road to Rapprochement for Australia–China Relations’ (East Asia Forum, 5 July 2022), <a href="https://eastasiaforum.org/2022/07/05/a-road-to-rapprochement-for-australia-china-relations">https://eastasiaforum.org/2022/07/05/a-road-to-rapprochement-for-australia-china-relations </a>accessed 30 November 2022.</li>



<li>Matthew Crowe and Knott, David, ‘Xi Jinping Meets with Anthony Albanese, Ending Diplomatic Deep Freeze’ (The Sydney Morning Herald, 15 November 2022), <a href="https://smh.com.au/politics/federal/xi-jinping-meets-with-albanese-ending-diplomatic-deep-freeze-20221115-p5byhb.html">https://smh.com.au/politics/federal/xi-jinping-meets-with-albanese-ending-diplomatic-deep-freeze-</a><a href="https://smh.com.au/politics/federal/xi-jinping-meets-with-albanese-ending-diplomatic-deep-freeze-20221115-p5byhb.html"> 20221115-p5byhb.html </a>accessed 30 November 2022.</li>



<li>Lowy Institute, ‘China: Economic Partner or Security Threat &#8211; Lowy Institute Poll’ (Lowy Institute Poll 2022), <a href="https://poll.lowyinstitute.org/charts/china-economic-partner-or-security-threat">https://poll.</a><a href="https://poll.lowyinstitute.org/charts/china-economic-partner-or-security-threat"> lowyinstitute.org/charts/china-economic-partner-or-security-threat </a>accessed 30 November 2022.</li>



<li>Andrew Forrest, ‘Who Cares About the Australia-China Relationship?’ (The Interpreter), <a href="https://lowyinstitute.org/the-interpreter/who-cares-about-australia-china-relationship">https://lowyinstitute.org/the-interpreter/</a><a href="https://lowyinstitute.org/the-interpreter/who-cares-about-australia-china-relationship"> who-cares-about-australia-china-relationship </a>accessed 30 November 202.</li>



<li>Bonnie Girard, ‘China, US Woo Pacific Island Nations’, <a href="https://thediplomat.com/2022/08/china-us-woo-pacific-island-nations">https://thediplomat.com/2022/08/china-us-woo-pacific-island-nations</a> accessed 30 November 2022.</li>



<li>Jon Henley, ‘Is Europe’s Gas Supply Threatened by the Ukraine Crisis?’ The Guardian (3 March 2014), <a href="https://theguardian.com/world/2014/mar/03/europes-gas-supply-ukraine-crisis-russsia-pipelines">https://theguardian.com/</a><a href="https://theguardian.com/world/2014/mar/03/europes-gas-supply-ukraine-crisis-russsia-pipelines"> world/2014/mar/03/europes-gas-supply-ukraine-crisis-russsia-pipelines </a>accessed 30 November 2022.</li>



<li>Andrew Gardner, ‘Ukraine Signs Landmark Eu Deal’ (POLITICO, 21 March 2014), <a href="https://politico.eu/article/ukraine-signs-landmark-eu-deal">https://politico.eu/article/ukraine-signs-landmark-</a><a href="https://politico.eu/article/ukraine-signs-landmark-eu-deal"> eu-deal </a>accessed 30 November 2022.</li>



<li>Euronews, ‘Russia Is Using Gas as “Weapon of War,” Says French Ecology Minister’ (euronews, 30 August 2022), <a href="https://euronews.com/my-europe/2022/08/30/russia-is-using-gas-as-weapon-of-war-says-french-ecology-minister">https://euronews.</a><a href="https://euronews.com/my-europe/2022/08/30/russia-is-using-gas-as-weapon-of-war-says-french-ecology-minister"> com/my-europe/2022/08/30/russia-is-using-gas-as-weapon-of-war-says-french-ecology-minister </a>accessed 30 November 2022.</li>



<li>European Council &#8211; Council of the European Union, ‘Energy Prices and Security of Supply’ (30 November 2022), <a href="https://consilium.europa.eu/en/policies/energy-prices-and-security-of-supply">https://consilium.</a><a href="https://consilium.europa.eu/en/policies/energy-prices-and-security-of-supply"> europa.eu/en/policies/energy-prices-and-security-of-supply </a>accessed 30 November 2022.</li>



<li>Raphael Cohen and Andrew Radin, Russia’s Hostile Measures in Europe: Understanding the Threat (RAND Corporation 2019) https://rand.org/pubs/research_reports/RR1793.html accessed 30 November 2022; Luigi Scazzieri, ‘Have We Passed the High- Water Mark of European Unity on Ukraine?’ (EUROPP &#8211; European Politics and Policy, 15 June 2022), <a href="https://blogs.lse.ac.uk/europpblog/2022/06/15/have-we-passed-the-high-water-mark-of-european-unity-on-ukraine">https://blogs.lse.ac.uk/</a><a href="https://blogs.lse.ac.uk/europpblog/2022/06/15/have-we-passed-the-high-water-mark-of-european-unity-on-ukraine"> europpblog/2022/06/15/have-we-passed-the-high-water-mark-of-european-unity-on-ukraine </a>accessed 30 November 2022..</li>



<li>Michael Smith and Hans van Leeuwen, ‘Lithuania Shows the World China’s “Nuclear Option” on Trade’ (Australian Financial Review, 9 December 2021), <a href="https://afr.com/world/asia/lithuania-shows-the-world-china-s-nuclear-option-on-trade-20211208-p59g0n">https://afr.com/world/asia/lithuania-shows-the-world-china-s-nuclear-option-on-trade-20211208-p59g0n</a> accessed 30 November 2022.</li>



<li>World Trade Organization, DS610: China – Measures Concerning Trade in Goods and Services (26 April 2022), <a href="https://wto.org/english/tratop_e/dispu_e/cases_e/ds610_e.html">https://wto.org/</a><a href="https://wto.org/english/tratop_e/dispu_e/cases_e/ds610_e.html"> english/tratop_e/dispu_e/cases_e/ds610_e.html</a></li>



<li>Henry Farrell and Abraham L Newman, ‘Weaponized Interdependence: How Global Economic Networks Shape State Coercion’ (2019) 44 International Security 42.</li>



<li>Brian Deese, ‘Remarks on Executing a Modern American Industrial Strategy by NEC Director Brian Deese’ (The White House, 13 October 2022), <a href="https://whitehouse.gov/briefing-room/speeches-remarks/2022/10/13/remarks-on-executing-a-modern-american-industrial-strategy-by-nec-director-brian-deese"><u>https://whitehouse.gov/briefing-room/speeches-remarks/2022/10/13/remarks-on-executing-a-modern-american-</u>industrial-strategy-by-nec-director-brian-deese </a>accessed 30 November 2022.</li>
</ol>
<p>The post <a href="https://periscopekasaustralia.com.au/briefs/weaponised-trade-a-new-concept-for-anincreasingly-complex-world/">Weaponised Trade: A New Concept for an&lt;br&gt;Increasingly Complex World</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>The Rule of Law and an Independent Judiciary in Samoa</title>
		<link>https://periscopekasaustralia.com.au/briefs/the-rule-of-law-and-an-independent-judiciary-in-samoa/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-rule-of-law-and-an-independent-judiciary-in-samoa</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Fri, 01 Apr 2022 05:13:33 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=brief&#038;p=1743</guid>

					<description><![CDATA[<p>IntroductionThe Independent State of Samoa is a small island state located beneath the flightpath roughly half way between New Zealand and the Hawaiian Islands in the Pacific Ocean, comprising 190,000 people of Polynesian ethnicity spread over two large and two smaller islands.&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/briefs/the-rule-of-law-and-an-independent-judiciary-in-samoa/">The Rule of Law and an Independent Judiciary in Samoa</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<article class="section-child" id="introduction" data-label="Introduction">
	<div class="primary primary-article">
  	

<p><strong>Introduction</strong><br>The Independent State of Samoa is a small island state located beneath the flightpath roughly half way between New Zealand and the Hawaiian Islands in the Pacific Ocean, comprising 190,000 people of Polynesian ethnicity spread over two large and two smaller islands. Samoa’s people have long since boasted about the strength of its unique culture and near absolute Christian observance, and were first in the Pacific region to declare independence from colonial control in 1962.<br>The strength of the ‘fa’a samoa’ (Samoan custom and traditions including rituals, considerations and observances) was well reflected in the acceptance by the United Nations Organization when facilitating Western Samoa’s transition to self-governance in the mid-1950s to the early 1960s. Back then, the UNO allowed the new nation state to limit its elected representatives to those with traditional chiefly ‘Matai’ titles or Samoans of European descent, as well as suffrage by those two groups, which was less than the ideal of universal suffrage encouraged at the time. The limitation on representation has remained to this day, meaning that only chiefs/matai may stand and be elected as parliamentary representatives, although voting has been extended to all citizens over the age of 21 years.<br>The concept of being ‘mua i malae’ in the Samoan language, which when translated means: ‘being first to achieve something or reach a goal’, has been a national mantra for Samoan leaders in the Pacific region since independence, as the country has placed a strong focus on being the first Pacific state to innovate, to achieve, to adopt and to try new policies and strategies in order to advance its own interests, often before its neighbouring states and territories. To meet those goals, Samoa has actively sought and requested regional and international aid, grants and loans, as well as the support of bi- and multilateral development partners.</p>


  </div>
</article>



<article class="section-child" id="political-and-legal-system" data-label="Political and legal system">
	<div class="primary primary-article">
  	

<p><strong>Political and Legal System</strong><br>The Constitution of the country, enacted at independence on 1 January 1962, was the subject of national consultations conducted in 1956 and 1960, drawing together the traditional nobility, cultural leaders and orators, together with the local captains of commerce who were often the descendants of foreign traders and adventurers.<br>Of considerable prominence (during the recorded discussions of these Constitutional conventions) was the overriding concern that the country’s unique customs and traditions (through its system of chiefly order and cultural observances) be a defining touchstone in the Constitution, together with the need to recognise Christianity in Samoan society.<br>To direct its future, Samoa adopted the Westminster system of representative democracy, with three year electoral terms, choosing as its representatives chiefs and orators from the traditional geographic districts of the island state. There are also seats reserved for prominent, mixed heritage leaders who contributed to the commercial life of the country.</p>


  </div>
</article>



<article class="section-child" id="one-party-dominance" data-label="One Party Dominance">
	<div class="primary primary-article">
  	

<p><strong>One Party Dominance</strong><br>Since 1981, one party has dominated the political landscape in Samoa. Formed after a period of intense instability from 1980 to 1981, the Human Rights Protection Party (HRPP) has been in Government for 40 years under two Prime Ministers: Tofilau Eti Alesana and Tuilaepa Sailele Malielegaoi. The latter was the first Deputy Prime Minister, and then held the position of Prime Minister from 1998 to 2021, making him one of the longest serving prime ministers in the Commonwealth and the world.<br>HRPP’s political dominance came to an abrupt end at the general elections held in April 2021, after the 52 seat Parliament comprising 46 HRPP members and 6 others, completed their 5-year term in December 2020.<br>Much to the surprise of the incumbent HRPP administration, a new party formed less than a year before the general elections called Fa’atuatua I Le Atua Samoa ua Tasi [translated as Samoa United as One in Faith to God]. More commonly known as the FAST Party, the Party received 25 votes which &#8211; together with the vote of an independent Member of Parliament &#8211; was able to garner a one seat majority to claim the Election.<br>What followed from April 2021 until the final Court of Appeal decision confirming the legitimate government was a period of extraordinary legal and political events. They were fuelled by the refusal of the former Prime Minister to relinquish his grip on political power and included a number of unique events:<br>• a ‘dead of night’ administrative appointment of an additional female HRPP MP by the Electoral Commissioner, when it was clear that the independent member was due to announce his support of the new FAST Party, thus effectively creating a constitutional ‘deadlock’ of equal votes in Parliament 26-26, an appointment which was later declared unlawful by the Supreme Court;<br>• another late night declaration by the country’s Head of State (acting on the advice of the Caretaker administration) ‘voiding’ the results of the general election and calling for a new election in two weeks, also later declared unlawful by the Supreme Court;<br>• the prolonged refusal by the Head of State (acting on advice) to convene Parliament in order to allow the elected members to determine the party with the majority of members’ votes;<br>• a proclamation issued by the Head of State (acting on advice) to convene Parliament on 24 May 2021, which was then ‘voided’ by a further proclamation made a few days later;<br>• the first Parliamentary session (including the swearing in of members of the FAST Party as members of parliament and the appointment of the Speaker of the Legislative Assembly as well as the first female Prime Minister and 12 members of Cabinet) took place under a tent erected outside Parliament House, because the latter was locked by the Clerk of the Legislative Assembly, at the direction of the former Speaker;<br>The political deadlock was finally broken by the Court of Appeal presided over by the Chief Justice, which declared the ‘tent’ swearing in lawful. So four months after the general election and intense times, the FAST Party finally took up its role as the government of the day, led by Samoa’s first female Prime Minister, the Honorable Fiame Naomi Mata’afa, the daughter of Samoa’s first ever Prime Minister, the late Honorable Fiame Mata’afa Faumuina Mulinu’u II, and his wife, the Honorable Laulu Fetauimalemau Mata’afa, also a former member of parliament.</p>


  </div>
</article>



<article class="section-child" id="threads-from-the-present" data-label="Threads from the Present">
	<div class="primary primary-article">
  	

<p><strong>Threads from the Present</strong><br>Multilateral donors would often remark that Samoa’s extended period of political stability under HRPP was the foundation for its many achievements and milestones. Internationally, Samoa also played a leading role representing the Pacific in international, regional and Commonwealth events for the last two decades. And whilst it is true that the development of public infrastructure, including universal access to electricity, water and public transport, and the embrace of advances in public and financial sector reform, technology and innovation may be attributed to HRPP, their response to a free and fair election detracted from that history of achievement.<br>Some would observe that longevity in political leadership, and the concentration of public power and resources in the hands of one Leader (the former Prime Minister), would almost inevitably end ‘in tears’, and such was the case in Samoa.<br>Over the past two decades, the near total control within Parliament, Cabinet and the public sector by the former Prime Minister was mirrored by the weakening of the independence of the public sector and public servants. Appointments to public offices, the boards of public companies and constitutional roles were no longer left to independent bodies, but were pulled back to the hands of a Cabinet distinguished by the sober, unquestioning and silent obedience by all its members to the Leader. Samoa was under the control of one of the Pacific’s ‘strongmen’.<br>Nepotism, favouritism, and an increasing ‘opaqueness’ in decision making in the use of public funds and resources was matched by a public service offered personal benefits for loyalty. These benefits were perceived as coming from the Leader’s own benevolence. The resulting sense of ‘personal entitlement’ in the public service, and close emotional links to the former Leader, have created obstacles to the ability of the new government to govern, as most senior public ‘servants’ stood at the heart of opposition to the new administration.<br>Perhaps democracy’s greatest manifestation in Samoa in 2021 was the ability for voters to change the path the country had been treading for 40 years, by the conduct of free and fair elections and the access to, and the use of, an independent judiciary.<br>In short, the people of Samoa chose FAST over HRPP in the 2021 general elections by the slimmest of margins – just one vote. However, reflecting the change in national mood and the outcome of subsequent electoral petitions, FAST now have 31 seats and HRPP 20 seats in Parliament.<br>The long standing incumbent administration (the caretaker government in the interregnum) employed a range of strategies to prevent the FAST Party from taking office. Public officers and office holders were placed under enormous pressure by the incumbent government to obey their directions and by the new party and the public to act independently and simply do their jobs ‘without fear or favour’ in the struggle to govern. The former Prime Minister enticed and directed public officials to exercise their powers to prevent and disrupt the accession to power of the duly elected administration. </p>


  </div>
</article>



<article class="section-child" id="the-independent-judiciary" data-label="The Independent Judiciary">
	<div class="primary primary-article">
  	

<p><strong>The Independent Judiciary</strong><br>The solitary institution which prevented Samoa’s slide to autocracy was the country’s Judicial branch of Government which remained independent and immune from improper influence. The Chief Justice, the Honorable Satiu Simativa Perese, the Supreme Court and its esteemed Judges, were prevailed upon (in the period after the general elections) to determine a range of constitutional matters never previously decided, and to define the parameters of government authority and legitimacy, in a country riven by an increasingly sharp political rhetoric from the previous administration. The Judiciary discharged their important duties with diligence, grace and honour.<br>To say the country was ‘saved by the law’ would neither be too dramatic nor too evocative, the public were transfixed by the multiple court hearings, awaited their outcomes with anxiety and expectation, they knew the rulings from the Court would direct the country’s future prospects. Never has ‘the Constitution’ figured so prominently in daily life, nor have legal arguments been discussed so heatedly around the dinner tables and kava bowls of this small land.<br>If there is a prevailing thread in what Samoa has experienced last year, then it is the unquestionable need, indeed absolute imperative, for society to support and strengthen the institutions and high principles which define the lives of free men and women where:<br>•the value of a vote is powerful and transformative;<br>• the Rule of Law protects the governed and limits the governors;<br>• an independent and well-resourced Judiciary serves and protects the people;<br>• a free press supports liberty and freedom;<br>• democratic values are the foundation stone for life, liberty and freedom;<br>• courage and integrity lie at the heart of ethical and successful leadership;<br>• Faith in God and seeking His Grace and Mercy upon all His people, offers hope and purpose in<br>all we do.<br>Samoa has emerged from its recent malady of instability and restlessness, with its core values battered, yet intact, due to the emerging and powerful leadership of those who have dreams and plans to prosper and not harm the country and its people.<br>If democracy as an ideal, a process and a destination prevails, then our freedom, our choices and the opportunity to enhance our lives and the lives of others will be assured.</p>


  </div>
</article>
<p>The post <a href="https://periscopekasaustralia.com.au/briefs/the-rule-of-law-and-an-independent-judiciary-in-samoa/">The Rule of Law and an Independent Judiciary in Samoa</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Taulapapa Brenda Heather-Latu</title>
		<link>https://periscopekasaustralia.com.au/contributors/taulapapa-brenda-heather-latu/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=taulapapa-brenda-heather-latu</link>
		
		<dc:creator><![CDATA[KAS Australia]]></dc:creator>
		<pubDate>Fri, 01 Apr 2022 05:04:25 +0000</pubDate>
				<guid isPermaLink="false">https://periscopekasaustralia.com.au/?post_type=contributor&#038;p=1744</guid>

					<description><![CDATA[<p>Brenda Heather-Latu is a New Zealand educated and trained barrister and solicitor who has practiced law for 35 years. Initially based in Wellington/New Zealand (where she was a Crown Counsel with the Crown Law Office and a government legal adviser), Brenda later on migrated to Samoa where she worked for the Samoan Government for 10 years, including 9½ years as Samoa’s longest serving Attorney General.Since&#8230;</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/taulapapa-brenda-heather-latu/">Taulapapa Brenda Heather-Latu</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Brenda Heather-Latu is a New Zealand educated and trained barrister and solicitor who has practiced law for 35 years. Initially based in Wellington/New Zealand (where she was a Crown Counsel with the Crown Law Office and a government legal adviser), Brenda later on migrated to Samoa where she worked for the Samoan Government for 10 years, including 9½ years as Samoa’s longest serving Attorney General.<br>Since 2007, Brenda has worked in private practice with her husband Matafeo George Latu (Latu Lawyers) in Apia/Samoa, specialising in commercial, constitutional and public law. She has also a range of other interests including local and regional legal consultancies, and has worked as a Trainer with the Samoa Institute of Directors since 2005. She is also a Regional Adviser for the newly established Australia Pacific Security College ‘PSC’ based at the Australian National University in Canberra/Australia.<br>Brenda has had a particular interest in ethical and effective leadership for many years and further expanded that interest after being nominated by the Rt Hon Helen Clark, the then Prime Minister of New Zealand, and being selected by the Council of World Women Leaders, as Samoa’s representative in the first group of Pacific women to attend the Kennedy School of Government’s Executive Program called ‘Leaders in Development’, held in 2002 at Harvard University.<br>She chairs the Pacific Leadership Foundation which runs the Emerging Pacific Leaders Dialogue (EPLD) every four years (since 2006) and has been a Board member of the Commonwealth Study Conference (CSC) (Australia); the Association of Emerging Leaders Dialogues (International) and Leadership Samoa, a charitable trust based in Samoa.<br>In 2014, Brenda was bestowed with the chiefly title of ‘Taulapapa’ from the village of Fogapoa, in the District of Safotulafai, on the Island of Savai’i.<br>In the same year, she was appointed the Honorary British Consul to Samoa and reports to the British High Commissioner to Samoa.<br>She is a Director of Habitat for Humanity (New Zealand) based in Auckland/New Zealand and a Director of the International Centre for Democratic Partnerships ‘ICDP’ based in Sydney/Australia.<br>Brenda is a serving as Judicial Officer for World Rugby and currently chairs Oceania Rugby’s Judicial Committee.</p>
<p>The post <a href="https://periscopekasaustralia.com.au/contributors/taulapapa-brenda-heather-latu/">Taulapapa Brenda Heather-Latu</a> appeared first on <a href="https://periscopekasaustralia.com.au">Periscope</a>.</p>
]]></content:encoded>
					
		
		
			</item>
	</channel>
</rss>
