University Ofhawai'i at Manoa Designed to Transform

BOOK REVIEWS 253 designed to transform the economy, by Nauru: Environmental Damage under focusing on how the nuclear-testing International Trusteeship, by Chris program has transformed the economy topher Weeramantry. Melbourne: of French Polynesia and how hard Oxford University Press, 1992. ISBN 0 choices must be made if the territory 19-553289-9, xx + 448 pp, maps, fig (or an independent successor state?) is ures, illustrations, appendixes, notes, ever to have a viable economy indepen bibliography, index. US$72. dent of massive transfers from France, Poirine has made a real contribution. In December 1986, the government of Some readers may wish that he had Nauru established a Commission of disaggregated income figures by ethnic Inquiry to establish responsibility for group and social class (ie, Metropoli the rehabilitation ofworked-out min tans, Chinese, "Demis," and indige ing lands on the island, and the cost nous Polynesians), had paid more and feasibility of any proposed rehabil attention to Polynesian cultural values, itation. The issue had lain dormant and had discussed the corruption alleg since Nauru's independence in 1968. At edly rampant in the territory. By con that time the so-called partner govern centrating, however, on the structure ments-Australia, New Zealand, and ofFrench Polynesia's economic dilem the United Kingdom-which had been ma, Poirine has provided a much joint owners ofthe British Phosphate needed analysis. That he chose to pub Commission and, under a United lish these results of his 1991 doctoral Nations trusteeship agreement, respon dissertation in this fairly readable sible for the administration ofNauru, form, rather than as a technical mono maintained that all outstanding issues graph, and that he cofounded a between the parties had been resolved monthly economic and political maga by the agreements that had seen the zine now published in Tahiti, indicates Nauruans win control of the phosphate that Poirine is interested in influencing industry and secure independence. policy in French Polynesia. Further Hammer DeRoburt, Nauru's founding more, his position at the new French president, disagreed, declaring that his University of the Pacific would seem to people had not been a willing party to put him into the position to sensitize the mining arrangements and would Polynesian students to the economic continue to seek compensation for the realities oftheir island world. It rehabilitation ofworked-out mining remains to be seen, however, what role lands. The Commission of Inquiry had his economic realism will play in shap been established in response to the final ing the postnuclear economy of this dissolution ofthe British Phosphate affluent but currently troubled part of Commission and the distribution to the the Pacific. partner governments ofthe very sub BEN FINNEY stantial surpluses it had accumulated. University ofHawai'i at Manoa Weeramantry, then Sir Hayden Starke Professor ofLaw at Monash University in Melbourne, chaired the inquiry; this " * book represents that portion of the NEihMiiijMSM'i"'JQM;U 254 THE CONTEMPORARY PACIFIC· SPRING 1994 report which deals with the obligations cations for other former trust territo imposed on the partner governments ries (in essence, the old German col by virtue ofthe trusteeship. onies), including Western Samoa, New The Commission of Inquiry found Guinea, Micronesia, and, outside the that mining had always been carried on Pacific region, South West Africa under dubious title and contrary to the (Namibia) and Tanganyika (Tanzania). rights ofthe Nauruan landowners; that Ifthis case is successful, others might the partner governments, and the phos follow. It is noteworthy that Weera phate commission on their behalf, had mantry spends very little time discus violated the general principles ofman sing Banaba (Ocean Island, in the dates and trusts, as well as the specific neighboring Republic ofKiribati), conditions of agreements affecting which was the subject of a court action Nauru, and had abused their power as for compensation brought in the trustees. It is also argued that the part English High Court by the Banabans. ner governments created for themselves In that case, Justice Megarry held that a monopoly that generated profits and the colonial authorities had no legal commercial advantages for them at the case to answer, though he saw a moral same time as it caused loss to the Nau obligation to pay compensation in ruan people. Although the Commis respect ofcertain aspects ofthe mining. sion ofInquiry suggested that the Nau Weeramantry argues that the cases are ruans' total loss might total A$1 billion, quite different by virtue ofthe fiduciary it held that the partners should accept relationship established by the trustee responsibility for at least the A$74 mil ship. The argument is pressed not only lion that it would cost to rehabilitate in terms of the "sacred trust" of the that portion ofthe island mined before original mandate, but also in terms of independence. The government of broader concerns of "the duty of care" Nauru submitted copies ofthese find implicit in trusteeship, reinforced by ings to the partner governments, and the principles ofenvironmental law. has taken its case (against Australia While tracing the evolution of envi only in the first instance) to the Inter ronmentallaw to earlier beginnings, national Court ofJustice. Weeramantry focuses his discussion on The book presents a comprehensive the Stockholm Declaration of1972 and review ofthe history of Nauru's phos subsequent developments. This raises a phate industry, exploring the details of fundamental issue underlying many of mining agreements, international nego the book's findings, which at times are tiations and obligations, the relevant presented with the clarity of hindsight aspects of international law, and the and with a seeming unawareness of the role ofthe United Nations. In one anachronism that some ofthem repre sense, much of this is not new, at least sent. There is no doubt that the partner not in its component parts, but what is governments used cheap Nauruan new is the way in which Weeramantry phosphate to assist their rural econo has brought it all together in his mies, or that they took steps to protect defense of the Nauruan position. their monopolist position in the Pacific The argument, if it is held to be phosphate industry. But there is rather correct by the court, has major impli- more emphasis here on applying mod- BOOK REVIEWS 255 ern legal and moral principles to past dence and its existence used by the events than there is to understanding partner governments to defend their events and attitudes within the context view that provision had been made for oftheir times. For example, the partner the long-term future either by resettle governments generally addressed what ment or rehabilitation. (Again, needs they saw asNauruan needs-hence the versus rights.) educational and medical services Some steps have been taken to turn praised by the Commission of Inquiry what began as a section of a report of a -and, until they were forced to do so Commission ofInquiry into a publica in the anticolonial atmosphere ofthe tion for a wider and less determined 1960s, did not give much attention to audience. (The original report runs to Nauruan rights. The issue is mentioned ten volumes including a large number in passing but not explored in any ofreprinted documents.) The transi depth. The overall argument also tion is not always easily made, how depends to some extent on the rejec ever, especially for a reader who has an tion, in the name oftrusteeship, of interest in pursuing the issues. The reports, information, and policies that argument is sometimes repetitious, and were accepted at the time by the Man at times a series of bald quotations dates Commission of the League of from official documents takes over Nations and the Trusteeship Council from analysis and commentary. There of the United Nations. Did the partner are difficulties with academic trap governments know that they were pings. The commission numbered in its acting outside the law and codes of own series the extensive array of docu international behavior as often as ments that it located, though much of Weeramantry implies, or were they, the claimed "vast amount ofhitherto rather, behaving as other nations did unknown material" was at least known under like, if not exactly parallel, cir to specialists if not published or widely cumstances? available. The report, and now the The discussion of alternatives to the book, references sources and quota rehabilitation ofmining lands, and tions to this numbering, which covers particularly resettlement, is disappoint some fifteen hundred documents, ingly brief. Contrary to the implication rather than to original series and loca given here, the partner governments, tions. Copies ofthe documents may be together with Nauruan leaders, gave seen at the Nauru consulate in Mel serious consideration to the resettle bourne but, for the reader, the context, ment option from 1947. The proposals or even the date or source, of the docu were assimilationist, even racist, at ments quoted is not always clear. times, but the fact remains that a Com Within the notes there are inconsisten munity Long Term Investment Fund cies and inaccuracies, and further was established, and that the Nauruans inconsistencies between notes and bib themselves did not finally reject the liography. resettlement option until 1964. The Such criticisms may be valid in aca fund, although financed from royalties demic terms but, in the final analysis, on phosphate exports, was handed to this is not so much an academic work the Nauruan authorities at indepen- as a tract. Although it is written in a Am = THE CONTEMPORARY PACIFIC· SPRING 1994 style that takes for granted its own three essays are each distinct in topic conclusions, and is thus to some extent and increasingly wide in focus. The an exercise in self-fulfilment, it is in first two serve as case studies of the fact a powerful statement ofthe Nau Polynesian expansion into the Pacific ruan case for compensation.

Load more