“Under Two Jurisdictions”: Immigration, Citizenship, and Self-Governance in Cross- Border Community Relocations

Author: 
Jane McAdam
Publisher: 
American Society for Legal History, Inc.
Type of Publication: 
Status: 
Purchase
Language of Publication: 
English
Country: 
Fiji
Kiribati
Year of Publication: 
2016

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The article considers the legal implications of relocating communities across international borders, an issue that is receiving increasing attention in the context of climate change and disasters. It draws on extensive archival research (from the national archives of Kiribati, Fiji, Australia and the United Kingdom) and interviews conducted by the author in Fiji and Kiribati to examine the legacy of the relocation of the Banaban community from Kiribati to Fiji in 1945. The unique legal safeguards that were put in place for the community in both countries - including special parliamentary representation, citizenship rights, and governance arrangements - provide important lessons for any future movements. These arrangements have never before been examined by legal scholars. The article therefore also provides original insights into an untold aspect of Commonwealth legal history.

Law and History Review 2016, page 1 of 53
© the American Society for Legal History, Inc. 2016
DOI:10.1017/S0738248016000055