Ship Rider Agreements legally settled, debate should focus on national interest: Dr Aqorau

Pacific fisheries expert Dr. Transform Aqorau has clarified the ongoing public debate surrounding Ship Rider Agreements, asserting that the discussion has confused international law with geopolitics. He argues that the legal standing of these agreements is largely settled, and the crucial question for Solomon Islands is whether they align with the nation's best interests.

“

The first issue is a question of international law: Are Ship Rider Agreements lawful, and are they consistent with the sovereignty of Solomon Islands? “The second is a question of geopolitics and national policy: Should Solomon Islands choose to enter into such an agreement with a particular country, taking into account today’s international political environment? “These are fundamentally different questions. Unfortunately, much of the current debate treats them as though they are interchangeable. They are not,”

Dr. Aqorau explained that international law recognizes the sovereign rights of coastal states within their Exclusive Economic Zones. These rights can be exercised through various agreements, and the ability to choose such arrangements is a fundamental aspect of sovereignty itself. He noted that Ship Rider Agreements have been a long-standing practice in the Pacific and Caribbean, enabling coastal states to leverage the operational capabilities of partner countries while retaining their own legal authority.

“

None of these options diminish sovereignty. Indeed, the very ability to make those choices is one of the defining attributes of sovereignty itself.

"The legal authority never belongs to the foreign vessel. The enforcement authority remains with the coastal State," Dr. Aqorau stated. "The foreign vessel simply provides a platform from which the coastal State’s authorised officers can exercise their own legal powers." He further elaborated that these arrangements evolved as a practical solution for Pacific nations facing challenges in policing vast maritime zones with limited resources, allowing for more effective exercise of sovereign authority through trusted partners.

“

The legal authority never belongs to the foreign vessel. The enforcement authority remains with the coastal State. “The foreign vessel simply provides a platform from which the coastal State’s authorised officers can exercise their own legal powers,”

The expert highlighted that the more challenging aspect of these agreements is geopolitical, not legal. He acknowledged that reasonable disagreements exist, with some arguing that security cooperation with a major power might imply alignment with its strategic interests. Conversely, others view practical cooperation against illegal fishing, drug trafficking, and transnational crime as simply good governance, independent of global power dynamics.

“

Ship Rider arrangements evolved as another practical solution to a practical problem. “They enabled Pacific countries to exercise their own sovereign authority more effectively by making use of the ships, aircraft and logistics of trusted partners while retaining complete legal control over enforcement decisions,”