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NZ depends on the rules-based world Trump is dismantling – why the silence?

  • Written by Alexander Gillespie, Professor of Law, University of Waikato

The Ministry of Foreign Affairs’ 2023 strategic foreign policy assessment, “Navigating a shifting world[1]”, accurately foresaw a more uncertain and complex time ahead for New Zealand. But already it feels out of date.

The Trump administration’s extreme disruption of the international order[2] (which New Zealand helped construct) is going further and faster than foreseen in the assessment. Were another nation responsible, the government would have been quick to condemn it.

But New Zealand has so far been largely mute while Trump has quit the World Health Organization[3] and the Paris Climate Accord[4], attacked foreign assistance programs[5] and withdrawn funding from key United Nations organisations[6].

Had Russia or China threatened the annexation or acquisition of Canada, Panama and Greenland, New Zealand would have reacted strongly. But it has said nothing substantive.

The United States still belongs to the World Trade Organization and various regional trade agreements. But Trump’s use of tariffs[7] threatens havoc throughout the multilateral trade system.

Similarly, Trump has not quit the International Court of Justice. But his proposal to remove two million Palestinians from Gaza amounts to an unequivocal rejection of the court’s recent ruling on Israeli policies and practices in the Occupied Territories[8] – as well as international law.

On all these fronts, New Zealand has preferred not to make a stand.

The coming Russia-Ukraine test

While other countries have been quick to criticise Trump’s Gaza plan[9], New Zealand has opted not to comment until greater clarity[10] is available, other than to reiterate its support for a two-state solution for Palestine.

When Trump imposed sanctions on the International Criminal Court[11], New Zealand (along with Australia and Japan) failed to join a statement from 79 other countries[12] expressing unwavering support for the court.

The next likely test will be Trump’s attempt to broker a peace deal[13] between Russia and Ukraine. While the goal is undoubtedly worthy, the question will be at what cost.

If the price is ignoring the UN Charter, and if European supporters of Ukraine[14] find the illegal annexations of its sovereign territory unpalatable, New Zealand will face a stark choice.

For Australia, with its special trade relationship with the US and membership of the AUKUS security pact, this may be simple politics. For New Zealand, without a special free trade agreement with the US, frozen out of ANZUS and not part of AUKUS, the equation is more complex.

Discord in the Pacific

Last year, Prime Minister Christopher Luxon said[15] New Zealand must “stand up for this international rules-based system that has actually served New Zealand incredibly well”. Quietly sitting down will not be an option forever.

Furthermore, all this is happening against the backdrop of New Zealand’s apparently waning influence in its own back yard, the South Pacific.

While China seeks to expand its own influence[16], cuts and possible retrenchment[17] in New Zealand’s aid budget suggest little appetite for tangible counteraction.

The loss of influence was first apparent with Kiribati, which has steered towards a much closer relationship with China[18] since 2022. More recently, China has made inroads into other Pacific countries, including the Solomons[19] and East Timor[20], working in an increasingly grey zone with support for civilian and military security.

But the recent fracture with the Cook Islands[21] takes things to a new level.

Struggling to find a voice

While no longer a dependency, the Cooks’ free association agreement[22] with New Zealand gives its people immense benefits, including citizenship and the right to work and live in New Zealand.

In return, the Cooks undertakes to consult over foreign affairs matters[23], including any policy or initiative that might affect the interests of the other signatory.

But the development of a somewhat opaque “comprehensive strategic partnership” with China blindsided New Zealand, and has strained what is meant to be a good-faith relationship. Again, however, New Zealand has struggled to find its voice.

If it speaks too loudly, it risks further undermining that special Pacific relationship, as well as irritating its largest trade partner, China. If it speaks too softly, the respect and influence the country deserves will fade.

New Zealand’s vaunted independent foreign policy is a fine ideal and has been a workable mechanism to navigate the challenges facing a small trading nation reliant on a rules-based global order.

This has worked well for the past few decades. But as the old world order erodes, losing its voice for fear of offending bigger powers cannot become the country’s default position.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/nz-depends-on-the-rules-based-world-trump-is-dismantling-why-the-silence-249857

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