JournalTOCs

New Zealand Yearbook of International Law, The
Number of Followers: 10

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ISSN (Print) 1176-6417
Published by RMIT Publishing

[387 journals]

Volume 12 Preface
- Abstract: Baird, Natalie
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Abortion law in transnational perspective: Cases and
controversies [Book Review]
- Abstract: Powell, Rhonda
  Review(s) of: Abortion law in transnational perspective: Cases and controversies, by Rebecca J Cook, Joanna N Erdman and Bernard M Dickens (eds), Philadelphia: University of Pennsylvania Press, 2014, 472 pp, ISBN 978-0-8122-4627-8, USD 69.95.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Treaty action and implementation
- Abstract: Gobbi, Mark
  This article documents governmental activity undertaken to implement New Zealand's international obligations during the current interval. It concludes that the level of activity in the current interval, relative to the previous interval, has increased for the parliamentary and executive branches of government but has decreased for the judicial branch. This overview summarises that activity and compares it with the activity undertaken during the previous interval.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 International human rights law
- Abstract: Breen, Claire
  Obligations stemming from United Nations treaty and Charter based bodies resulted in an active year for New Zealand in 2014. New Zealand engaged, for the first time, with the Committee on the Rights of Persons with Disabilities and also submitted its sixth periodic report1 under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). New Zealand underwent its second Universal Periodic Review (UPR) and continued its active engagement within the UN Human Rights Council. This note reviews these and other aspects of New Zealand's state practice in the area of human rights in 2014.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 The Pacific Islands forum 2014
- Abstract: Angelo, AH
  The 45th Pacific Islands Forum was held in Palau from 29-31 July 2014. It was attended by 14 members of the Forum, two associate members and eight observers. Regional organisations were also present. The theme for the conference was "The Ocean: Life and Future". This theme was supported by the Forum with its adoption of the Palau Declaration on "The Ocean: Life and Future, Charting a Course to Sustainability". That theme with its strong environmental aspect also served to make the Forum meeting a good precursor to both the UN Secretary General's Climate Change Summit 2014 and the Small Island Developing States (SIDS) meeting (the Third International Conference on SIDS) which with its associated activities ran from 25 August to 4 September in Samoa.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 The lawfulness of New Zealand's military deployment to Iraq:
"Intervention by invitation" tested
- Abstract: Nenadic, Sanja
  In 2014, New Zealand won its hard-fought bid for a seat on the United Nations Security Council. One of the items on the Council's agenda is the conflict in Iraq against the Islamic State of Iraq and the Levant (ISIL). New Zealand is now at an important juncture in its role as a State actively concerned with international peace and security. A beleaguered Iraqi Government is proving ineffective at defending itself against ISIL. At its behest, the United States is leading a military intervention to assist in the fight against ISIL and in February 2015 New Zealand decided to join the fight by sending 143 troops and support personnel to help train the Iraqi army.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Jurisdictional headache: Finding a solution to the layers of
trade governance between New Zealand and China
- Abstract: Goodwin, Hugh
  In 2008, New Zealand and China concluded a ground-breaking Free Trade Agreement (the FTA). The FTA was the first such trade agreement signed between China and a developed country. It was a further step in what has become a close economic relationship between the two nations. Since the signing of the FTA, the relationship between New Zealand and China has continued to strengthen, with two-way trade in goods doubling between 2008-2014, ambitious new trade goals set by Prime Minister John Key and President Xi Jinping in recent years, and with no significant trade disputes occurring. China is currently near level with Australia as New Zealand's largest trading partner. Their relationship is set to become even closer with the potential introduction of the Regional Comprehensive Economic Partnership (RCEP), which, if completed, the two nations will both be part of.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Reviving the obligatory abstention rule in the un security
council: Reform from the inside out
- Abstract: Smith, Stephen Eliot
  At the beginning of 2015, New Zealand commenced a two-year term as one of the 10 elected members of the United Nations (UN) Security Council. Upon taking the seat, New Zealand's Minister of Foreign Affairs triumphed that the move "will place us at the heart of international decision-making for the next two years".
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 The un declaration on the rights of indigenous peoples and
self-determination in Australia: Using a human rights approach to promote
accountability
- Abstract: Maguire, Amy
  In September 2007, the UN General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP), with 143 votes in favour, four against and 11 abstentions. It was the first UN resolution drafted by the rights-holders themselves and sought to establish a range of human rights as standards of achievement for the world's Indigenous peoples. Australia, along with Aotearoa/New Zealand, Canada and the United States, voted against the adoption of the UNDRIP. Australia was particularly opposed to the protection of the right of Indigenous peoples to self-determination under art 3. Then Minister for Indigenous Affairs, Liberal Party (conservative) MP Mal Brough, argued: "What it does is it provides rights to one group of Australians over all else." A similar sentiment was more recently expressed by conservative commentator Andrew Bolt, who argued that the current campaign in favour of constitutional recognition of Indigenous peoples as Australia's First Peoples is "racist" and a token movement which seeks to divide Australians based on race.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Holding sovereignty ransom: The German constitutional court and
a sovereign's inability to act during financial crises
- Abstract: Meng, Jia
  Sovereign debt has become a central institution of public finance. In 2001, the same year that Argentina defaulted on USD $100 billion of privately held debt, Niall Ferguson wrote:
  
  [A] long-run view of public debt reveals that an apparently large "mountain" of debt may be far from disadvantageous, provided the institutions of a country's financial system are equal to the task of its management.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 The promises and perils of the TBT agreement: Food quality, food
labelling and market access
- Abstract: Maidana-Eletti, Mariela
  Perception plays an instrumental role in determining what we consider to be of high quality. The law, as a reflection of society, has the task of reinforcing those social perceptions at any given time.1 Food quality legislation addressing labelling requirements provides a proxy to assess the ability of the law to reflect consumers' preferences, while promoting transnational trade. More often than not, domestic food quality standards will be implemented through food labelling schemes. The rationale behind this regulatory strategy is primarily based on a two-fold premise, whereby labels allow consumers to distinguish between products and so make more informed choices on the one hand, and governments are able to regulate market access more efficiently. However, the fact that product labelling responds more quickly to consumer demands (than the law) and, by doing so, contributes to shaping consumers' habits, may result in alterations to the flow of international food trade. Furthermore, perception and consumers' preferences are bound to change according to circumstance - social, economic, geographical and moral factors. And so, while in Germany ham produced with more than 10 per cent added water is considered a low quality foodstuff, the same product in the United States (US) is deemed produce of average quality - it is the norm rather than the exception.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 The Conference on Small Island States 2014
- Abstract: Majeed, Mothla
  The Third International Conference on Small Island States (the Conference), jointly hosted by the United Nations and Samoa, took place in Apia on 1-4 September 2014. This note provides a brief report on the events and outcomes.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Pacific Islands Law Officers' Network 2014
- Abstract: Kwan, Kerryn
  The Pacific Islands Law Officers' Network (PILON) is a network of senior government law officers from Pacific island countries. The PILON membership is made up of seventeen member countries and twelve observer members comprising various regional organisations.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 The challenges to human rights posed by threats to food security
in the Pacific Islands
- Abstract: Farran, Sue
  International treaties impose a comprehensive range of obligations on states parties and raise the expectations of citizens. Most states, however, cannot give equal effect to all their international obligations, so a hierarchy or preferential ranking emerges. Inevitably there is an uneven playing field. Although increasingly the United Nations has recognised the particular needs of small island developing states (SIDS) and least developed countries (LDCs), as well as the rights of Indigenous peoples, the right to development gives rise to tensions which may undermine or threaten certain other fundamental rights. Determining the pace and form of development is rarely within the sole control of those states which wield the least power in the international arena despite their constitutional sovereignty. This note is concerned with the most basic of human needs, access to food and the question of food security, providing an overview of a number of issues which have an actual or potential impact on food security in Pacific island states. While food poverty is not absent in developed economies, in many developing countries, food security either is, or is becoming, a key issue for a number of reasons including: the impact of climate change and the related experience of more extreme weather patterns; dependency on imported food and consequential health and nutrition problems; changing patterns of agriculture to meet development agendas; and the introduction of new intellectual property laws as a result of trade agreements, which have the potential to impact on traditional ways of sharing and exchanging food resources. The island countries of the Pacific region experience these aspects of food security in different ways, but increasingly few are escaping the consequences of one or more of these issues. This note argues for a holistic appreciation of the threats to food security in the region and suggests that answers should be informed by a human rights approach.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 International environmental law
- Abstract: Toop, Josephine
  In 2014, New Zealand participated in the twentieth Conference of the Parties (COP-20) to the United Nations Framework Convention on Climate Change (UNFCCC) and the tenth Meeting of the Parties (MOP-10) to the Kyoto Protocol, in Lima, Peru. Among other things New Zealand was questioned about its emissions targets under the new multilateral assessment process and made a pledge towards the Green Climate Fund. New Zealand attended the 45th Pacific Islands Forum, which had the theme: "The Ocean: Life and Future", with a focus on the issue of commercial fishing and on climate change and rising sea levels in the Pacific Ocean. New Zealand attended the third United Nations Conference on Small Islands Developing States (SIDS) held in Samoa. New Zealand also took action on a number of renewable energy projects, especially in the Pacific. The International Whaling Commission Scientific Committee (IWC SC) once again reiterated its "extreme concern" about the survival of Maui's dolphin and noted that the measures taken to address this within New Zealand fell significantly short. Nationally, the government announced it was ahead of international deadlines to phase out imports of hydrochlorofluorocarbons (HCFCs), released figures on its greenhouse gas emissions, made some amendments to the New Zealand Emissions Trading Scheme (NZETS), and took action to classify exploratory drilling for oil and gas as a non-notifiable activity (ie not publicly notified and not open to public submissions or public hearings). 2014 also saw case law relating to refugee and/or protected person status due to sea level rise associated with climate change by a citizen of Kiribati, creation of a number of marine reserves, potential threats to the Maui's dolphin, the introduction of a Bill which would require regular reporting on New Zealand's environment and further case law about the precautionary principle. In addition, there were a number of national and international developments connected with fisheries, the marine environment, and Antarctica, which are not addressed here because they are covered in the reviews of Joanna Mossop "Law of the Sea and Fisheries" and Alan Hemmings "The Antarctic Treaty System" (this issue). Reference to those reviews is necessary for a full account of New Zealand's activities relating to international environmental law in 2014.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 International economic law
- Abstract: Frater, Charlotte
  During 2014 New Zealand completed negotiations towards a new free trade agreement with the Republic of Korea, and agreed amendments to existing trade agreements with China, and with the Association of Southeast Asian Nations (ASEAN) and Australia. Amongst other agreements, negotiations continued towards the Trans Pacific Partnership (TPP), Regional Comprehensive Economic Partnership (RCEP), and the Trade in Services Agreement (TISA). New Zealand also concluded negotiations on the Partnership Agreement on Relations and Cooperation between New Zealand and the European Union, which will provide a platform for New Zealand's ambitions for a free trade agreement with the European Union.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Indigenous peoples' rights under international law
- Abstract: Adcock, Fleur
  In 2014 Indigenous peoples' rights under international law were in the spotlight due to the high-level plenary meeting of the United Nations (UN) General Assembly (GA), known as the World Conference on Indigenous Peoples (WCIP), the first meeting of its kind. Discussions relevant to Indigenous peoples' rights occurred in relation to the draft Sustainable Development Goals (SDGs), the Climate Summit and the UN Framework Convention on Climate Change (UNFCCC). Domestically, Māori rights were affirmed in an important Waitangi Tribunal report, a novel piece of legislation and a Police apology. New Zealand had its second Universal Periodic Review (UPR) through the UN Human Rights Council (HRC). The UN Committee on the Rights of Persons with Disabilities (CRPD), the UN Working Group on Arbitrary Detention (WGAD) and the UN Subcommittee on the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) each commented on the human rights situation of Maori. The GA, the HRC and World Intellectual Property Office (WIPO), amongst others, considered Indigenous peoples' rights in the course of their work. International human rights treaty monitoring bodies and states participating in the UPR progressed jurisprudence on the rights of Indigenous peoples, which will inform the bodies' future reviews of New Zealand. This note reviews New Zealand's state practice regarding Indigenous peoples' rights under international law in 2014 and traces key international developments concerning those rights.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Law of the sea and fisheries
- Abstract: Mossop, Joanna
  2014 saw a number of matters reach conclusion after several years in development. These included the ratification of three marine pollution conventions, the formal establishment of the Headquarters to the South Pacific Regional Fisheries Management Organisation in Wellington and the passing of legislation for the reflagging of foreign charter fishing vessels. New Zealand's intervention in the ICJ 'Whaling in the Antarctic' case bore fruit, with the Court ordering Japan to stop issuing permits under the existing research programme. In addition, New Zealand continued to put diplomatic effort into fisheries and oceans issues in the Pacific region.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 African participation at the world trade organization - legal
and institutional aspects, 1995-2010 [Book Review]
- Abstract: Bigdeli, Sadeq Z
  Review(s) of: African participation at the world trade organization - legal and institutional aspects, 1995-2010, by Joan Apecu Laker, Martinus Nijhoff Publishers, 2014, 332 pp, ISBN 1572-5618. Euro119.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Advanced introduction to international human rights law [Book
Review]
- Abstract: Breen, Claire
  Review(s) of: Advanced introduction to international human rights law, by Dinah L Shelton, Cheltenham: Edward Elgar Publishing, 2014, 331 pp, ISBN: 978-1-78254-521-7. GB pounds 81.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 Factors influencing the content of acts that implement New
Zealand's international obligations
- Abstract: Gobbi, Mark
  This article considers several factors that influence the inclusion of certain provisions in Acts that implement New Zealand's international obligations. Part II sets the stage by outlining the process by which New Zealand implements its international obligations. Part III delves into aspects of the select committee component of this process, particularly its international treaties examination and legislative scrutiny functions. Part IV sets out a selection of legislative provisions usually found in implementing Acts and the reasons for their inclusion. Part V concludes that the makers and users of legislation that implements New Zealand's international obligations are well-served by the select committee process that is in place and the standardised drafting techniques that are used.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 International criminal law and international humanitarian law
- Abstract: Dunworth, Treasa
  The entry into force of the Arms Trade Treaty (ATT) in December 2014 was widely seen as a successful humanitarian initiative, seeking as it does to regulate the international arms trade and in particular reduce illicit arms deals. New Zealand was among the original states parties. New Zealand also remained actively involved in the Humanitarian Initiative - a challenge to reframe discussions around nuclear weapons. Less progress was made in international criminal law, with the Kampala amendments to the Rome Statute apparently languishing domestically.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 12 The antarctic treaty system
- Abstract: Hemmings, Alan D
  The key Antarctic Treaty System (ATS) events of 2014 were the two annual diplomatic meetings, the Antarctic Treaty Consultative Meeting and the Meeting of the Commission for the Conservation of Antarctic Marine Living Resources. These diplomatic meetings include the main sessions of the advisory bodies, the Committee for Environmental Protection (CEP) and the Scientific Committee for the Conservation of Antarctic Marine Living Resources (SC-CAMLR), established under the relevant international instruments. Reports were received (as Working papers - WPs) from a number of mandated and informal intersessional contact groups operating through electronic means between the 36th and 37th ATCMs. No Meeting of Experts was held between the ATCMs. Following normal practice, three intersessional meetings of Working Groups of SC-CAMLR (Ecosystem Monitoring and Management; Statistics, Assessments and Modelling; and Fish Stock Assessment) and a meeting of the Subgroup on Acoustic Survey and Analysis Methods, were held during 2014. New Zealand was, as usual, an active participant across all the ATS current issues. Although the level of effort in relation to the Ross Sea MPA proposal (as measured by papers and meeting interventions) continued unabated in 2014, no substantive progress was made on MPA designation. Given the repeated failures within CCAMLR fora over the last several years to reach consensus on designation of any further MPAs, the prognosis for success in the near-term remains bleak.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 The Arab spring: A testing time for the application of
international humanitarian law
- Abstract: Breen, Claire
  The term "Arab Spring" has been used to describe the series of political revolutions that swept through Tunisia, Egypt, Bahrain, Yemen, Libya and Syria in the (Northern) Spring of 2011. Each of these revolutions had different political, social, and historical backgrounds, although all were aimed at challenging autocratic or dictatorial regimes. The incumbent regimes responded to these challenges with different levels of violence but it was only in Libya and Syria that the use of force culminated in the outbreak of armed conflict.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 'Whaling in the Antarctic': Some reflections by counsel
- Abstract: Geddis, Elana; Ridings, Penelope
  On 2 April 2014, the International Court of Justice issued its decision in the 'Whaling in the Antarctic (Australia v Japan: New Zealand Intervening)' case brought by Australia against Japan. By twelve votes to four the decision declared Japan's "JARPA II" whaling programme in the Southern Ocean to be in breach of the International Convention on the Regulation of Whaling (the Whaling Convention). It ordered Japan to cease that programme. The Court's decision was immediately hailed in media reports in Australia as a "land mark ruling". The New Zealand Minister of Foreign Affairs and Trade described it as "a giant harpoon" in the legality of JARPA II.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 The Pacific Islands forum 2013
- Abstract: Angelo, AH
  The 44th Pacific Islands Forum (PIF) was held in Majuro, Marshall Islands, in September 2013. This Forum was accompanied by considerably less fanfare than the 43rd Forum held in the Cook Islands the previous year. The significant initiatives and high profile international guests of the Cook Islands Forum were absent from Majuro.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Indigenous peoples rights under international law
- Abstract: Adcock, Fleur
  Indigenous peoples' rights under international law continued to advance in 2013. Preparations for the 2014 high-level plenary meeting of the United Nations (UN) General Assembly (GA) to be known as the World Conference on Indigenous Peoples (WCIP) picked up pace. Developments relevant to Indigenous peoples' rights occurred under the UN Framework Convention on Climate Change (UNFCCC). Domestically, reports were released on a Government instigated constitutional review and on an independent review into police conduct during "terror" operations in Maori communities. In addition, Maori unsuccessfully challenged the partial privatisation of a state-owned power company in the courts. New Zealand's Indigenous rights situation was the subject of scrutiny by the UN Committee on the Elimination of Racial Discrimination (CERD). Discussion on Indigenous peoples' rights occurred in various international fora, including in the GA, the Human Rights Council (HRC) and in sessions of the World Heritage Committee and a committee of the World Intellectual Property Office (WIPO). International human rights treaty monitoring bodies and states participating in the HRC's Universal Periodic Review (UPR) progressed jurisprudence on the rights of Indigenous peoples. This note reviews New Zealand's state practice regarding Indigenous peoples' rights under international law in 2013 and traces key international developments concerning those rights.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Pacific Islands law officers' network 2013
- Abstract: Kwan, Kerryn
  The Pacific Islands Law Officers' Network (PILON) is a network of senior government law officers from Pacific island countries. The PILON membership is made up of seventeen member countries, and ten regional organisations as observer members.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Triple wins or Trojan Horse': Examining the recognised
seasonal employer scheme under a Twail Lens
- Abstract: Hao'uli, Ema
  Pacific Islanders have been migrating across the Pacific Ocean in search of labour opportunities since the early 19th century. The latest variation on this theme has been Pacific participation in temporary labour migration schemes in New Zealand and Australia. This sees the recruitment of thousands of low-skilled Pacific Islanders for employment in the horticulture and viticulture industries in New Zealand and Australia for several months in a year, after which the Pacific Islanders return to their home country. New Zealand's programme, the Recognised Seasonal Employer (RSE) scheme, has been roundly hailed as a success, most notably for its capacity as a development initiative. The access to income for under-employed Pacific Islanders rounds off the much-vaunted "triple win" scenario in the RSE scheme that sees benefits for New Zealand, through filling labour shortages; Pacific states, through the provision of employment for a larger proportion of their populations; and of course, the Pacific RSE workers themselves.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 International human rights law
- Abstract: Breen, Claire
  In 2013, New Zealand continued its wide-ranging engagement with the United Nations treaty and Charter based bodies. As regards human rights treaty bodies, New Zealand met with the Committee on the Elimination of Racial Discrimination to discuss New Zealand's 18th to 20th combined periodic reports and subsequently received that Committee's concluding observations under the International Convention on the Elimination of All Forms of Racial Discrimination. New Zealand also submitted its initial report to the Committee on the Rights of Persons with Disabilities. New Zealand was an active observer State of the Human Rights Council. At the domestic level, the Human Rights Commission continued with its work on the advancement of international human rights law in New Zealand. This note reviews these and other aspects of New Zealand's state practice in the area of human rights in 2013.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 International economic law
- Abstract: Frater, Charlotte
  Several new trade related agreements entered into force for New Zealand in 2013, including the Protocol on Investment to the New Zealand - Australia Closer Economic Relations Trade Agreement, and the Agreement between New Zealand and the Separate Customs Territory of Taipei, Penghu, Kinmen, and Matsu on Economic Cooperation (ANZTEC). New Zealand also continued its active engagement in Free Trade Agreement negotiations; participating in ongoing negotiations towards the Trans-Pacific Partnership (TPP), PACER Plus, and a New Zealand India Free Trade Agreement; relaunching negotiations with Korea; and starting negotiations towards a Regional Comprehensive Economic Partnership (RCEP).
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Up in arms: A humanitarian analysis of the arms trade treaty and
its New Zealand application
- Abstract: O'Connor, Susan
  On 2 April 2013 the Arms Trade Treaty (ATT) was adopted by the United Nations General Assembly (UNGA). The ATT is intended to increase global security by reducing armed conflict and restricting access to weapons for human rights abusers and perpetrators of certain crimes. This is to be achieved through the regulation of the international trade in conventional weapons.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Is the United Kingdom nuclear deterrence policy unlawful'
- Abstract: Drummond, Brian
  In March 2013, 127 states participated in a conference convened by Norway to address the humanitarian consequences of nuclear weapons (the March 2013 Conference). In the general debate session of the 2013 Preparatory Committee for the 2015 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), a group of 74 states made a joint statement which referred to the March 2013 Conference and noted that "the catastrophic effects of a detonation are of concern and relevance to all ... All efforts must be exerted to eliminate this threat".
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 A solution for the third international decade for the
eradication of colonialism: A 'fourth' option to obviate the need for a
fourth decade'
- Abstract: Perham, Elisabeth
  Despite concerted efforts by the international community over almost six decades to bring an end to the era of colonialism, 17 territories remain on the United Nations (UN) list of non-self-governing territories. In 2011 the UN declared 2011-2020 the Third International Decade for the Eradication of Colonialism, but few of the non-self-governing territories appear to be getting much closer to completing the decolonisation process. For some of the territories this is in large part due to territorial disputes. However, for other territories the stalemate may be due to the fact that the UN currently accepts only the three methods of decolonisation prescribed in UN General Assembly (UNGA) Resolution 15415 as proof that a territory has become self-governing for the purposes of removing it from the list.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Preface
- Abstract: Baird, Natalie; Woodward, Angela
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Extractive industry, human rights and indigenous rights in New
Zealand's exclusive economic zone
- Abstract: Erueti, Andrew; Pietras, Joshua
  This article is a response to the recent surge of interest over extractive industry in New Zealand and the opposition to this by many iwi. The New Zealand government has in recent years made offshore exploration and production a high priority. By the extractive industry, we mean the people, companies, and activities involved in removing oil and gas, metals, coal, stone and other useful resources from the ground.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 The causes of war: Volume I: 3000 BCE to 1000 CE [Book Review]
- Abstract: Moore, Cameron
  Review(s) of: The causes of war: Volume I: 3000 BCE to 1000 CE, by Alexander Gillespie, [Oxford and Portland, Hart Publishing, 2013, IX pp + 246 pp. ISBN 978-1-84946-500-7, USD 80.75].
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Treaty action and implementation
- Abstract: Gobbi, Mark
  This article documents governmental activity undertaken to implement New Zealand's international obligations during the current interval. It concludes that the level of activity in the current interval, relative to the previous interval, has decreased for the parliamentary, executive and judicial branches of government. This overview summarises that activity and compares it with the activity undertaken during the previous interval.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 International criminal law and international humanitarian law
- Abstract: Dunworth, Treasa
  Two long-standing issues were completed in the course of 2013. In October, New Zealand acceded to the Third Protocol to the Geneva Conventions, paving the way for its entry into force for New Zealand on 23 April 2014. Second, New Zealand acceded to the First and Second Protocols to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. The necessary implementing legislation had been passed in late December 2012, and came into force on 1 July 2013. Accession to the Protocols paved the way for entry into force of the Protocols for New Zealand in 2014.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 The Antarctic treaty system
- Abstract: Hemmings, Alan D
  The key Antarctic Treaty System (ATS)1 events of 2013 were the two annual diplomatic meetings, the Antarctic Treaty Consultative Meeting and the Meeting of the Commission for the Conservation of Antarctic Marine Living Resources. These diplomatic meetings include the main sessions of the advisory bodies, the Committee for Environmental Protection (CEP) and the Scientific Committee for the Conservation of Antarctic Marine Living Resources (SC-CAMLR), established under the relevant international instruments. Reports were received (as Working Papers - WPs) from a number of mandated and informal intersessional contact groups operating through electronic means between the 35th and 36th ATCMs, including one chaired by New Zealand. No Meeting of Experts was held between the ATCMs, although a Workshop on the Development of a Multi-Year Strategic Work Plan for the ATCM was held on the first two days of the 36th ATCM. However, around the continuing vexed issue of Marine Protected Area (MPA) designation under CCAMLR, 2013 saw a 'Second Special Meeting of the Commission', and the 'First Intersessional Meeting of the Scientific Committee' of CCAMLR in Bremerhaven in July 2013. In addition, and following normal practice, three intersessional meetings of Working Groups of SC-CAMLR (Ecosystem Monitoring and Management; Statistics, Assessments and Modelling; and Fish Stock Assessment) and a meeting of the CCAMLR Scheme of International Scientific Observation Review Panel, were held during 2013. New Zealand was, again, actively engaged across all the ATS current issues. The ongoing project of securing agreement within CCAMLR to a Ross Sea MPA was a major focus.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Law of the sea and fisheries
- Abstract: Mossop, Joanna
  2013 was a busy year for law of the sea issues in New Zealand, particularly on the domestic legislative front. A number of actions to strengthen environmental protection as well as streamlining economic development in New Zealand's maritime zones are in process. As well, New Zealand has continued to participate actively in international organisations such as regional management fisheries organisations. A noteworthy development was the intervention by New Zealand in the International Court of Justice (ICJ) case between Australia and Japan relating to whaling in the Southern Ocean.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 International environmental law
- Abstract: Toop, Josephine
  In 2013, New Zealand announced its unconditional target to reduce greenhouse gas emissions under the United Nations Framework Convention on Climate Change (UNFCCC), participated in the nineteenth Conference of the Parties to the UNFCCC (COP-19) and the ninth Meeting of the Parties (MOP-9) to the Kyoto Protocol, submitted reports to the UNFCCC, hosted informal climate change dialogues, co-hosted the Pacific Energy Summit, announced new emissions projections, and amended the New Zealand Emissions Trading Scheme. There was also climate change related case law. 2013 saw New Zealand sign the Minamata Convention on Mercury, changes to petroleum and mineral regulation in New Zealand including in the exclusive economic zone and case law about the precautionary principle. In the biodiversity area, New Zealand was successful in its proposal to have nine species of New Zealand geckos which were originally listed in Appendix III under the Convention on International Trade in Endangered Species (CITES)4 transferred to Appendix II, and the Scientific Committee of the International Whaling Commission reiterated its concern about the survival of Maui's dolphin (an endangered species found only in New Zealand). Some new domestic regulation in regard to these dolphins was promulgated. New Zealand also released a National Plan of Action for the Conservation and Management of Sharks. In addition, there were a number of national and international developments connected with fisheries, the marine environment, and Antarctica, which are not addressed here because they are covered in the reports of Joanna Mossop "Law of the Sea and Fisheries" and Alan Hemmings "The Antarctic Treaty System" (this volume). Accordingly, recourse to those reports is necessary for a fuller account of New Zealand's activities relating to international environmental law in 2013.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 Combating corruption: Legal approaches to supporting good
governance and integrity in Africa [Book Review]
- Abstract: Boister, Neil
  Review(s) of: Combating corruption: Legal approaches to supporting good governance and integrity in Africa, by John Hatchard, [Cheltenham, Edward Elgar, 2014, xx + 381pp. ISBN 978 1 781004364, USD 90].
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 The law of the sea and the polar regions [Book Review]
- Abstract: Hemmings, Alan D
  Review(s) of: The law of the sea and the polar regions, edited by Erik J Molenaar, Alex G Oude Elferink and Donald R Rothwell, [Publications on Ocean Development, Volume 76, Leiden and Boston, Martinus Nijhoff, 2013, 432 pp. ISBN: 9789004255203, USD 215.00].
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 11 LLM International Law and Politics
- PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 The silent killer: Toxic chemicals for law enforcement and the
chemical weapons convention
- Abstract: Dunworth, Treasa
  States parties to the Chemical Weapons Convention undertake "never, under any circumstances" to develop, use, stockpile, transfer or otherwise deal with chemical weapons. They are obliged to declare and then to destroy, under international verification, all chemical weapons. The treaty establishes an elaborate system of declarations and inspections created to deter future proliferation. It was at the time, and remains today, the only multilateral, disarmament and non-proliferation treaty with an inbuilt system of verification. Since its entry into force, 78% of the world's stockpiles of chemical weapons have been destroyed under international supervision. It is almost universally ratified, with 190 states parties. It is generally accepted that the prohibition against the use of chemical weapons has attained the status of customary international law.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Preface
- Abstract: Baird, Natalie; Woodward, Angela
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 From bilateralism to community interest: Essays in honour of
judge Bruno Simma [Book Review]
- Abstract: French, Duncan
  Review(s) of: From bilateralism to community interest: Essays in honour of judge Bruno Simma, Edited by Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer and Christoph Vedder, Oxford: Oxford University Press, 2011, 1312 pp. ISBN: 9780199588817, USD212.00.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Treaty action and implementation
- Abstract: Gobbi, Mark
  This article documents governmental activity undertaken to implement New Zealand's international obligations during the current interval. It concludes that the level of activity in the current interval, relative to the previous interval, has increased for the parliamentary, executive and judicial branches of government. This overview summarises that activity and compares it with the activity undertaken during the previous interval.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 International human rights law
- Abstract: Breen, Claire
  In 2012, New Zealand continued its wide-ranging engagement with the United Nations treaty and Charter based bodies. In its engagement with the human rights treaty bodies, New Zealand met with the Committee on Economic, Social and Cultural Rights (the Committee) over the course of three meetings in May to discuss New Zealand's third periodic report and subsequently received that Committee's concluding observations under the International Covenant on Economic, Social and Cultural Rights (ICESCR) which, inter alia, called for human rights to inform the rebuilding of Christchurch. New Zealand also submitted its 18th to 20th consolidated periodic report to the Committee on the Elimination of Racial Discrimination and presented New Zealand's Submission of Follow-up Responses to the Human Rights Committee. The Committee Against Torture prepared a list of issues concerning the submission of New Zealand's sixth periodic report. New Zealand was an active observer State of the Human Rights Council. Notably, it introduced and sponsored a draft resolution on preventable maternal mortality and morbidity and human rights which was adopted. New Zealand was also an active participant in the Council's Special Session on Syria. The Human Rights Commission continued with its work, much of the focus of which was on the rebuilding of Christchurch. It also played an active role during the Committee on Economic, Social and Cultural Rights' consideration of New Zealand's third periodic report. This note reviews these and other aspects of New Zealand's state practice in the area of human rights in 2012.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 The Pacific Islands forum 2012
- Abstract: Angelo, AH
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Mali: A legally justifiable interventionby France'
- Abstract: Laird, Amy
  This note reviews the legal justifications that France provided after it intervened in the armed conflict that was taking place in Mali in January 2013. France provided three primary legal justifications in various communications directly after it intervened, being the request for assistance from the Interim President of the Republic of Mali, collective self-defence under Article 51 of the United Nations Charter and Security Council Resolution 2085. In section II of this note I will provide a brief history and background on the armed conflict that was taking place in Mali in order to set the scene for section III. In section III, the justifications provided by France for intervening in Mali will be examined and analysed from an international law perspective in order to conclude whether or not those justifications were appropriate. In section IV, I will make my final conclusions on the justifications provided by France.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Amidst fragmentation and coherence: A systemic interpretation of
the world heritage convention and the UNFCCC regime
- Abstract: Quirico, Ottavio
  Current estimates indicate that global average temperatures might increase by 6.4 degreesC from 1990 to 2100, due to the influence of anthropogenic greenhouse gas (GHG) emissions. Even limiting projected temperature increases to below 4 degreesC above pre-industrial levels would require a radical reframing of the economic direction of contemporary society. This is extremely problematic, since it is currently assumed that the 2 degreesC increase from pre-industrial levels urged by the Copenhagen Accord and restated by the Cancun Agreements, the Durban Outcomes and the Doha Climate Gateway will result in serious impacts on human institutions and ecosystems.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 The un special rapporteur on the rights of indigenous peoples
and New Zealand: A study in compliance ritualism
- Abstract: Adcock, Fleur
  New Zealand has long championed itself as a world leader in the recognition of Indigenous peoples' rights. Yet, its Indigenous rights situation has come under the scrutiny of the United Nations (UN) Special Rapporteur on the rights of indigenous peoples several times since 2005. The Special Rapporteur is one of a collection of UN human rights reporting mandates known as the "special procedures." The special procedures are unsalaried independent experts engaged by the UN to investigate human rights issues either on a thematic or a country basis. The Special Rapporteur on the rights of indigenous peoples' role is to investigate and provide recommendations on how to prevent and remedy alleged violations of Indigenous peoples' human rights. It has conducted two country missions to New Zealand in order to examine the human rights situation of Maori as well as issuing two communications to the government asking it to comment on alleged Indigenous rights violations.3 It is one of few international human rights mechanisms to visit New Zealand to carry out investigations. Yet, no scholarly analysis of the Special Rapporteur's influence on the New Zealand Government has been undertaken. This article helps to fill that gap in the literature. It analyses the influence of the Special Rapporteur's recommendations, issued following each country visit, on the New Zealand Government's behaviour towards Maori.6 It proceeds from the assumption that the New Zealand Government should act in accordance with the Special Rapporteur's recommendations, a point addressed more fully below. It argues that the Special Rapporteur has had an imperfect but appreciable influence on the New Zealand Government's behaviour towards Maori. The Government has partially implemented a number of the experts' recommendations, but domestic factors were the prime determinants of these moves. The article draws on regulatory literature to characterise New Zealand's dominant behavioural response to the Special Rapporteur as one of ritualism: ultimately the Government has moved to outwardly agree with many of the Special Rapporteur's recommendations, while inwardly developing techniques to avoid them. The assessment is based on critical document analysis; 18 interviews, including with the two experts that have held the role of Special Rapporteur, advocates of Maori rights, members of the New Zealand Human Rights Commission, a UN bureaucrat and a politician; as well as participant observation in UN fora.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Open trade negotiations as opposed to secret trade negotiations:
From transparency to public participation
- Abstract: Limenta, Michelle
  In May 2012, a group of legal scholars wrote a letter to the then United States Trade Representative (USTR) Ambassador Ron Kirk criticising the lack of transparency in the Trans-Pacific Partnership (TPP) negotiating process. In reply, then-Ambassador Kirk asserted that the TPP negotiating process is more transparent than any previously negotiated Free Trade Agreements (FTAs). The TPP negotiations aim to establish a regional trade agreement amongst twelve Asia Pacific countries: Australia, Brunei, Chile, Malaysia, Peru, Singapore, the United States, Vietnam, New Zealand, Canada, Mexico and Japan.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Pacific Islands Law Officers' network 2012
- Abstract: White, Tracey
  The Pacific Islands Law Officers' Network (PILON) is a network of senior government law officers from Pacific island countries. The PILON membership is made up of 17 member countries, with ten regional organisations as observer members.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Maybe, there is a judge in strasbourg': The European court
of human rightsand torture in Italy
- Abstract: Zanetti, Viviana
  "The most serious suspension of democratic rights in a Western Country since the Second World War" is how Amnesty International referred to the unprecedented violence that occurred in Italy during the Genoa G8 Summit in 2001.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Jurisdictional immunities of the state (Germany v Italy: Greece
intervening): A case note
- Abstract: Scherr, Daniel
  In its judgment of 3 February 2012, Jurisdictional Immunities of the State (Germany v Italy: Greece intervening), the International Court of Justice (ICJ) affirmed state immunity as a core principle of international law, stemming from the sovereignty of states and, in doing so, confirmed traditional conceptions of international law. The ICJ upheld the customary international law obligation to respect state immunity in civil cases before foreign courts, even in cases involving the perpetration of gross violations of human rights and international humanitarian law. The ICJ rejected the developing notion that certain values of the international community, such as fundamental human rights norms and humanitarian law standards, reflect elementary considerations of humanity that might necessitate exceptions to the traditional sovereignty based system of international law and a removal of the cloak of sovereign state immunity. In sum, the ICJ held that Italy's failure to recognise German immunity in respect of civil actions against Germany constituted a breach of international law. In particular, the ICJ found that Italy breached its obligation to respect the immunity which Germany enjoys under international law, first, by allowing civil claims, secondly, taking enforcement measures and thirdly, declaring enforceable a decision of the Greek courts. Consequently, the ICJ ordered Italy to ensure that the decisions and measures infringing the immunity of Germany should cease to have effect.5 This note will discuss the decision in this case and will explore whether the ICJ's analysis of state immunity is reflective of the contemporary status of customary international law on state immunity.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 The interplay of law, custom and the availability of resources
in Tokelau's criminal law
- Abstract: McGovern, Danica
  This note discusses a recent criminal case in Tokelau, and how the relationship between law, custom and the availability of resources played out in that case. The case is notable as the first homicide in Tokelau, and also as the first time that the involvement of the High Court for Tokelau was in prospect in respect of a criminal matter. Although formal law covering criminal matters has been in place since the Native Laws Ordinance 1917, until recently, breaches of social norms have been addressed through custom rather than law. This case is part of a general trend away from the use of pure custom and towards the imperfect application of Tokelau's formal law. It illustrates the way in which limited resources and the influence of custom can lead to unexpected (at least from a common law perspective) interpretations of legislative provisions, and how custom is used to fill gaps in existing legislation.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Confronting the challenge of human trafficking for forced labour
in the pacific: Some thoughts from New Zealand
- Abstract: Harre, Thomas
  Over the past several years, horror stories of abuses suffered by fishermen working on board foreign-owned fishing vessels in New Zealand's exclusive economic zone (EEZ) have found their way into the media both in New Zealand and internationally.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Indigenous peoples rights under international law
- Abstract: Adcock, Fleur
  There were several developments of relevance to Maori and Indigenous peoples' rights more generally in 2012. Modalities for the World Conference on Indigenous Peoples (WCIP) were agreed. Discussions continued regarding implementation of the United Nations Framework Convention on Climate Change (UNFCCC). Domestically, New Zealand moved to partially privatise selected state-owned assets and prepared for its constitutional review. New Zealand's Indigenous rights situation was the subject of concerned comment by three mechanisms discussed below in Part V. Indigenous peoples' rights were discussed in various international fora, including in relation to Article 8(j) of the Convention on Biological Diversity (CBD) and before the World Summit on Sustainable Development known as Rio+20. The World Intellectual Property Office (WIPO) forged ahead with negotiations for an instrument to protect Indigenous peoples' traditional knowledge (TK), traditional cultural expressions (TCE) and genetic resources (GR). In addition, international human rights treaty monitoring bodies and states participating in the Human Rights Council's Universal Periodic Review (UPR) further developed jurisprudence on the rights of Indigenous peoples. This note reviews New Zealand's state practice regarding Indigenous peoples' rights under international law in 2012 as well as tracing key international developments concerning those rights.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 International criminal law and international humanitarian law
- Abstract: Dunworth, Treasa
  In the period under review, two long-standing items on the legislative agenda were completed: the legislative amendments to allow New Zealand's ratification of the Third Additional Protocol (the Red Crystal Emblem) and the legislation required for ratification of the First and Second Protocols to the Hague Convention on the Protection of Cultural Property in Armed Conflict. Both are discussed below. Also, encouraging progress was made with the Arms Trade Treaty (ATT). While there was a disappointing failure when treaty negotiations collapsed in July, by the end of the year, there was optimism that agreement would be reached in early 2013.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 The Antarctic Treaty System
- Abstract: Hemmings, Alan D
  The key Antarctic Treaty System (ATS) events of 2012 were the two annual diplomatic meetings, the Antarctic Treaty Consultative Meeting (ATCM) and the Meeting of the Commission for the Conservation of Antarctic Marine Living Resources (Commission). These diplomatic meetings include the main sessions of the advisory bodies, the Committee for Environmental Protection (CEP) and the Scientific Committee for the Conservation of Antarctic Marine Living Resources (SC-CAMLR), established under the relevant international instruments. Although reports were received from three Intersessional Contact Groups operating between the 34th and 35th ATCMs, these groups operated through electronic communications and no Meeting of Experts was held in 2012. Five intersessional meetings of Working Groups of SC-CAMLR were held during 2012. Domestic New Zealand legislative activity included enactment of implementing legislation for 'Annex VI of the Madrid Protocol on Liability Arising from Environmental Emergencies'. New Zealand also signed an Antarctic cooperation agreement with South Korea.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Law of the sea and fisheries
- Abstract: Mossop, Joanna
  This Act was passed in August 2012. It establishes an environmental management regime for the New Zealand exclusive economic zone and continental shelf. The Act does not replace existing legislation dealing with the environmental impact of certain activities, such as fishing, which are covered by specific legislation. However, the Act does cover activities such as seabed mining, energy generation, carbon capture and storage and marine farming, which are not currently covered by appropriate regulation. The goal of the Act is to provide principles for making decisions about activities beyond the territorial sea, and to establish a process for considering applications.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 International environmental law
- Abstract: Toop, Josephine
  In 2012, New Zealand announced its decision not to sign up to a second commitment period under the Kyoto Protocol. Instead, it will set its next emission reduction target under the United Nations Framework Convention on Climate Change (UNFCCC). New Zealand also commenced a joint study with the Republic of Korea to investigate linking the emissions trading schemes of these countries. At the United Nations Conference on Sustainable Development (Rio+20), New Zealand focused on the environmental management of oceans and fossil fuel subsidy reform, signed up to the global partnership on oceans, and supported Australia's launch of the World Indigenous Network. New Zealand also signed a Memorandum of Understanding on Environmental Cooperation with Indonesia in 2012. National developments included introduction of a measure to protect Hector's and Maui's dolphins, new emissions projections, and significant amendments to the New Zealand Emissions Trading Scheme (NZETS). The NZETS amendments include the extension of the "one for two" surrender obligation to all non-forestry sectors with no set end date, the introduction of offsetting for pre-1990 forests, and the removal of a start date for surrender obligations for biological emissions from agriculture. There were also a number of developments (both national and international) connected with fisheries, the marine environment, and Antarctica, which are not covered in this report because they are covered in the reports of Joanna Mossop "Law of the Sea and Fisheries" and Alan Hemmings "The Antarctic Treaty System" (this issue). Recourse to those reports is necessary for a full account of New Zealand's activities relating to international environmental law in 2012.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 International economic law
- Abstract: Epps, Tracey
  New Zealand continued its engagement in a full trade negotiating agenda in 2012, following exhortations from Ministers following the APEC Leaders' Meeting in Honolulu in November 2011 to conclude negotiations on the Trans-Pacific Partnership (TPP) Agreement as rapidly as possible. Negotiations also continued with India, and the customs union of Russia, Belarus and Kazakhstan. In addition, negotiations commenced on an economic cooperation agreement with the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei). As noted below, it was a quieter year on the multilateral negotiations front, although the judicial arm of the World Trade Organization (WTO) was busy, with several cases of systemic interest to New Zealand being decided.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Contemporary perspectives on human rights law in Australia [Book
Review]
- Abstract: Rishworth, Paul
  Review(s) of: Contemporary perspectives on human rights law in Australia, edited by: Paula Gerber and Melissa Castan, Pyrmont, NSW: Thomson Reuters, 2013, 578 pp. ISBN 9780455229973, AUD85.00.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 The trans-Pacific partnership. A quest for a
Twenty-first-century trade agreement [Book Review]
- Abstract: Kelsey, Jane
  Review(s) of: The trans-Pacific partnership. A quest for a Twenty-first-century trade agreement, edited by: CL Lim, Deborah K Elms and Patrick Low, Cambridge: Cambridge University Press, 2012, 353 pp. ISBN-13: 9781107612426, NZD58.99.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 International prosecutors [Book Review]
- Abstract: Rogers, Damien
  Review(s) of: International prosecutors, edited by: Luc Reydams, Jan Wouters and Cedric Ryngaert, Oxford: Oxford University Press, 2012, 968 pp. ISBN-10: 0199554293, USD190.00.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 10 Weapons of mass destruction, non-proliferation and disarmament
- Abstract: Woodward, Angela
  New Zealand continued its support for non-proliferation and disarmament regimes and initiatives concerning weapons of mass destruction (WMD), understood here to refer to chemical, biological, radiological and nuclear weapons (also commonly referred to as CBRN) during 2012. While the Government highlighted multilateral cooperation on disarmament and arms control as an area for "special attention" in its foreign policy during 2012, these activities in the WMD area focused on radiological and nuclear security and disarmament. In addition to developments in the respective weapons' regimes, certain international export control regimes for WMD equipment, materials and technology in which New Zealand is a member were also updated during the year. New Zealand voiced its displeasure at the ongoing dysfunction of the United Nations disarmament machinery, in particular the moribund Conference on Disarmament, at the United Nations General Assembly, while also seemingly (and surprisingly, given the country's long-standing and largely bipartisan support for these issues) de-emphasising the political relevance of disarmament and arms control at the national level by subsuming the Disarmament and Arms Control ministerial portfolio into the Foreign Affairs portfolio in early 2012.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 War, commerce, and international law [Book Review]
- Abstract: Al Attar, Mohsen
  Review(s) of: War, commerce, and international law, by James Thuo Gathii, Oxford: Oxford University Press, 2010, 304pp. ISBN 139780195341027.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 The principle of legality in international and comparative
criminal law [Book Review]
- Abstract: Smith, Stephen Eliot
  Review(s) of: The principle of legality in international and comparative criminal law, by Kenneth S Gallant, Cambridge, Cambridge University Press, 2009, 603pp, ISBN 978-0-521-88648-2.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 Freedom from poverty: NGOs and human rights praxis [Book Review]
- Abstract: Gledhill, Kris
  Review(s) of: Freedom from poverty: NGOs and human rights praxis, by Daniel PL Choong, Philadelphia, University of Pennsylvania Press, Philadelphia, 2010, 323pp, ISBN 978-0-12-2242522. US$55.00.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 Compensation for environmental damages under international law:
The role of the international judge [Book Review]
- Abstract: Warnock, Ceri
  Review(s) of: Compensation for environmental damages under international law: The role of the international judge, by Tarcisio Hardman Reis, The Netherlands: Kluwer Law International, 248pp, 2011, ISBN 13:9789041134370, US$135.00.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 Property rights and sustainability: The evolution of property
rights to meet ecological challenges [Book Review]
- Abstract: Toomey, Elizabeth
  Review(s) of: Property rights and sustainability: The evolution of property rights to meet ecological challenges, edited by David Grinlinton and Prue Taylor, Leiden Martinus Nijhoff Publishers, 2011, 415pp, ISBN13 9789004182646, US$192.00.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 Treaty action and implementation
- Abstract: Gobbi, Mark
  This article documents governmental activity undertaken to implement New Zealand's international obligations during the current interval. It concludes that the level of activity in the current interval, relative to the previous interval, has decreased for the parliamentary, executive and judicial branches of government. This overview summarises that activity and compares it with the activity undertaken during the previous interval.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 International economic law
- Abstract: Epps, Tracey
  New Zealand pursued a full trade negotiating agenda in 2011, with work intensifying in the Trans Pacific Partnership (TPP) negotiations, and continuing with various bilateral partners. In the multilateral arena, negotiating activity tailed off in the World Trade Organisation (WTO) Doha Development Round, with a series of Chairs' reports in April highlighting ongoing divergences across numerous negotiating areas. However, there were still a number of developments in the WTO, including accession of four new members, finalisation of a revision of the Plurilateral Government Procurement Agreement, and release of several panel and Appellate Body decisions. This review details multilateral, regional, and bilateral developments in 2011, focusing on New Zealand's involvement. It also reviews key WTO dispute settlement decisions of interest to New Zealand.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 The Antarctic Treaty System
- Abstract: Hemmings, Alan D
  The key Antarctic Treaty System (ATS) events of 2011 were the two annual diplomatic meetings, the Antarctic Treaty Consultative Meeting (ATCM) and the Meeting of the Commission established under the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR). These diplomatic meetings include the main sessions of the advisory bodies, the Committee for Environmental Protection (CEP) and the Scientific Committee for the Conservation of Antarctic Marine Living Resources (SC-CAMLR), established under the relevant international instruments. Although four Intersessional Contact Groups operated between the 33rd and 34th ATCMs, these operated through electronic communications and no Meeting of Experts was held in 2011. Five intersessional meetings of SC-CAMLR were held during 2011. No significant New Zealand legislative activity relating to ATS obligations occurred during 2011, but this Year in Review reports advice received from the Minister of Foreign Affairs in relation to New Zealand's implementing legislation for Annex VI of the Madrid Protocol on Liability Arising from Environmental Emergencies.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT
Volume 9 Law of the sea and fisheries
- Abstract: Mossop, Joanna
  The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill was introduced to Parliament on 24 August 2011. The Bill is intended to fill a regulatory gap in New Zealand's oceans management framework. Although New Zealand has legislation addressing particular activities such as fishing and licensing of mining operations, the legislation has tended to be ad hoc and poorly integrated. Several problems have been identified, including the lack of a framework to assess the environmental impact of new activities and no consenting regime for projects planned beyond 12 nautical miles. Some activities or interests such as energy generation, carbon capture and storage and management of biodiversity were not able to be dealt with under the existing legislative framework. In 2002 and 2005 New Zealand received applications from companies interested in exploring for minerals on the continental shelf. No existing regulatory framework stipulated how environmental assessment of these activities should proceed.
  
  PubDate: Tue, 18 Jun 2019 14:33:02 GMT