A Solomon Islands academic has dismissed claims that the recently signed Shiprider Agreement with the United States undermines the country’s sovereignty, arguing that critics are conflating political concerns with legal principles.
Dr Joe Foukona, an Assistant Professor in the Department of History at the University of Hawaiʻi at Mānoa whose research focuses on Pacific law and history, said arguments linking the agreement to the United States’ non-ratification of the United Nations Convention on the Law of the Sea (UNCLOS) are legally unsound.
His comments come after Independent Group Leader Peter Shanel Agovaka called for the agreement to be tabled in Parliament, arguing that MPs should examine whether it is consistent with Solomon Islands’ Constitution and international obligations, including UNCLOS.
In a commentary, Foukona described the sovereignty argument as “twisted”, saying it centres more on “political concerns than legal ones”.
He argued that using the United States’ non-ratification of UNCLOS or the absence of parliamentary scrutiny as grounds to question the agreement “lacks a legally sound premise”.
According to Foukona, the Shiprider Agreement is a bilateral treaty between Solomon Islands and the United States, while UNCLOS is a multilateral convention that establishes the broader legal framework governing the world’s oceans.
Although the United States has not ratified UNCLOS, he noted that Washington generally recognises and follows its provisions as customary international law.
Foukona also rejected criticism that the agreement should have been subjected to parliamentary scrutiny before it was signed.
He said the Government has the constitutional authority to negotiate and conclude international agreements, adding that successive governments have signed treaties and memoranda of understanding without parliamentary approval.
“The Shiprider Agreement has been around for almost a decade but remained unsigned because of a lack of political will,” he argued.
Foukona said critics should instead assess whether the agreement supports Solomon Islands’ existing legal obligations and maritime enforcement responsibilities.
He argued that the agreement complements a range of international treaties and regional security frameworks already endorsed by Solomon Islands, including the High Seas Treaty, the International Maritime Organization’s MARPOL conventions, the South Pacific Tuna Treaty, the Niue Treaty, the Boe Declaration and UNCLOS.
According to Foukona, these agreements establish legal obligations for managing fisheries, protecting the marine environment and combating transnational crime, but require effective enforcement mechanisms.
He said the Shiprider Agreement provides that mechanism by allowing United States Coast Guard vessels to carry Solomon Islands law enforcement officers, enabling them to enforce Solomon Islands laws within the country’s maritime jurisdiction.
“In short, the Shiprider Agreement provides the enforcement mechanism to support capacity and enable local officers to implement and enforce treaty provisions and maritime laws,” he said.
The agreement has become the subject of political debate following calls from the the Opposition and Independent Group for it to be tabled in Parliament and referred to a parliamentary committee for scrutiny.
The GREAT Coalition has defended the agreement as part of its broader efforts to strengthen maritime security cooperation and combat illegal fishing, transnational crime and other illicit activities in Solomon Islands’ vast maritime domain.
It also said the agreement will be made public.