Unpacking Fragile Access to Justice in a Small Island State Amidst Global Pandemic: Narratives from Experiences of Niue, the Rock of Polynesia

IF 0.4 Q3 LAW

Law and Development Review Pub Date : 2024-03-18 DOI:10.1515/ldr-2024-0038

Mana Takahashi

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Abstract

This study considers the challenges and features of law and development faced by small island developing states (SIDS) during the COVID-19 global pandemic. This research analyzes the pre- and post-pandemic situation of access to justice in SIDS to clarify the transformation of society and the critical impact of the pandemic and to consider potential negative effects and revealed features of fragile justice in small island states. In this context, this research focuses on the case study of Niue, which is a self-governing state in free association with New Zealand since 1974 and is recognized as a small island developing state by the United Nations. Niue, known as “the Rock of Polynesia,” is home to approximately 1900 people and consists of a single isolated island of only 261 square kilometers. The principal research question to be addressed is as follows: What did the COVID-19 pandemic reveal in Niue as a challenge in the context of law and development? By exploring the current situation of access to justice among people in Niue and based on interview responses with local people, government officers, and legal practitioners, this research aims to provide policy suggestions for initiatives and assistance to guarantee the right of access to justice in Niue.

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解读小岛屿国家在全球大流行病中脆弱的司法救助：波利尼西亚岩石纽埃的经验叙述

本研究探讨了小岛屿发展中国家（SIDS）在 COVID-19 全球大流行期间面临的法律与发展挑战和特点。本研究分析了大流行前后小岛屿发展中国家司法救助的情况，以明确社会的转变和大流行的关键影响，并考虑潜在的负面影响和小岛屿国家脆弱司法的显露特征。纽埃自 1974 年起与新西兰自由联合，是一个自治国家，被联合国认定为小岛屿发展中国家。纽埃被称为 "波利尼西亚的岩石"，约有 1900 人，由一个面积仅为 261 平方公里的孤岛组成。要解决的主要研究问题如下：COVID-19 大流行对纽埃法律和发展方面的挑战有何启示？通过探讨纽埃人民诉诸司法的现状，并根据当地人民、政府官员和法律从业人员的访谈答复，本研究旨在为保障纽埃人民诉诸司法的权利的举措和援助提供政策建议。

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来源期刊

Law and Development Review LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.

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