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

  • Mana Takahashi EMAIL logo
Published/Copyright: March 18, 2024

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.


Corresponding author: Mana Takahashi, Faculty of Global Liberal Arts, Kanda University of International Studies, Chiba, Japan, E-mail:

Acknowledgments

I would like to acknowledge the interviewees and practitioners who kindly agreed to participate in interviews for this research project. I would also like to express my gratitude and appreciation to Hon. Kahealani Sinahemana Hekau, a lawyer and the Associate Minister to the Premier at the Government of Niue, for inspiring me as my mentor in Niue. I highly appreciate Mr. Darren Tohovaka, Secretary to Justice and Registrar of the High Court of Niue, and Ms. Jay Gataua, the University of the South Pacific Niue Campus Director, whose guidance and support have been invaluable. “Fakaaue Lahi” to the warm people in the beautiful island country of Niue. This work was also supported by the Japan Society for the Promotion of Science (JSPS) KAKENHI (Grant-in-Aid for Early-Career Scientists), Grant Number 20K20095.

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Interviews

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Interview with Hon. Kahealani Sinahemana Hekau, Lawyer and a Member of the Parliament of Niue 8 February 2023 Online Search in Google Scholar

Interview with staff of the Department of Justice, Lands and Survey 23 February 2023 Alofi, Niue Search in Google Scholar

Interview with an anonymous interviewee (1) 18 February 2023 Alofi, Niue Search in Google Scholar

Interview with an anonymous interviewee (2) 18 February 2023 Alofi, NiueSearch in Google Scholar

Interview with an anonymous interviewee (3) 21 February 2023 Alofi, NiueSearch in Google Scholar

Interview with an anonymous interviewee (4) 22 February 2023 Alofi, NiueSearch in Google Scholar

Received: 2024-02-17
Accepted: 2024-02-25
Published Online: 2024-03-18
Published in Print: 2025-06-26

© 2024 Walter de Gruyter GmbH, Berlin/Boston

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