The CSS has recently declared a state of emergency. The CSS does have this power under Article 6 Section 3 of the charter but they cannot actually declare a state of emergency as the Delegate can do that as per Article 5 Section 2 Clause 6 of the charter. Since the CSS and delegate never discussed declaring a state of emergency could the CSS legally have done so?

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CoA: August 2016-January 2017
Minister of Foreign Affairs: October 2019-June 2020, October 2020- February 2021

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HIGH COURT OF THE SOUTH PACIFIC [1604.HQ] ON THE STATE OF EMERGENCY SUBMISSION 01 FEBRUARY 2016 | JUSTICIABILITY 04 MARCH 2021 Whereas this Court has been asked to exercise the judicial power vested in it by Article VIII of the Charter of the South Pacific, it is resolved as follows: DETERMINATION OF JUSTICIABILITY This case is not found justiciable. SUBMISSION OF REQUESTS FOR AN IN-CHAMBERS OPINION Interested parties may request the Chief Justice to provide an opinion with the reasons that led to this determination no later than 14 March 2021 10:00 UTC. It is so ordered. 1604.HQ.DJ | Issued 06 March 2021

Former Delegate of the South Pacific
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