The Australian and New Zealand Society of International Law

1934 ◽  
Vol 28 (1) ◽  
pp. 138-139
Keyword(s):  
New Zealand ◽  
International Law ◽  
Law School ◽  
Annual Conference ◽  
Private International Law ◽  
Law Schools ◽  
Public And Private ◽  
The Law

In 1932, representatives of the legal practitioners, the judges, the law schools and the legal and diplomatic departments of the governments, founded the Australian and New Zealand Society of International Law, with the object of fostering in Australia the study of public and private international law, particularly the study of those topics which affect, or are likely to affect, Australia or New Zealand. The First Annual Conference was held at the Sydney University Law School from Thursday, August 17, until Saturday, August 19, 1933.

Part 2 National and Regional Reports, Part 2.3 Australasia: Coordinated by Brooke Marshall, 42 New Zealand: New Zealand Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Hook Maria
Keyword(s):  
New Zealand ◽  
International Law ◽  
General Position ◽  
Common Law ◽  
Case Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Legislative Reform ◽  
The Hague ◽  
The Law

This chapter examines the choice of law rules that determine the law applicable to international contracts in New Zealand, comparing them to the Hague Principles. Private international law in New Zealand is still largely a common law subject, and the choice of law rules on international commercial contracts are no exception. The general position, which has been inherited from English common law, is that parties may choose the law applicable to their contract, and that the law with the closest and most real connection applies in the absence of choice. There are currently no plans in New Zealand for legislative reform, so the task of interpreting and developing the choice of law rules continues to fall to the courts. When performing this task, New Zealand courts have traditionally turned to English case law for assistance. But they may be willing, in future, to widen their scope of inquiry, given that the English rules have long since been Europeanized. It is conceivable, in this context, that the Hague Principles may be treated as a source of persuasive authority, provided they are consistent with the general principles or policies underlying the New Zealand rules.

scholarly journals A Capital Opportunity: Creating a New Zealand Jurisprudence in Public and International Law

2010 ◽  
Vol 41 (4) ◽  
pp. 703
Author(s):  
David Baragwanath
Keyword(s):  
New Zealand ◽  
International Law ◽  
Public Law ◽  
Law Schools ◽  
Global Context ◽  
Law Faculty ◽  
Written Form ◽  
The Creation ◽  
The Law ◽  
Court Of Appeal

This is the written form of a lecture delivered at the Law Faculty on 28 April 2010 by Justice Baragwanath as part of a series of lectures delivered the various New Zealand law schools, to mark the judge's retirement from the New Zealand Court of Appeal.  In this lecture the judge argues for the creation of a New Zealand public law that both acknowledges the special nature of New Zealand society and recognises the global context within which all New Zealand law must now fit and to some extent must be judged.

An Historical Introduction to the Teaching of International Law in Canada

1975 ◽  
Vol 12 ◽  
pp. 67-110 ◽  
Author(s):  
R. St. J. MacDonald
Keyword(s):  
International Law ◽  
Law School ◽  
Point Of View ◽  
Early Years ◽  
Law Schools ◽  
Maritime Provinces ◽  
General Curriculum ◽  
Present Decade ◽  
The Subject ◽  
The Law

The purpose of this paper is to describe from an historical point of view the main developments in the teaching of international law in Canadian law schools from the time when the subject was first taught, in the mid-nineteenth century, to the early years of the present decade.The paper is divided into five parts, dealing respectively with the law schools of Quebec, the Maritime provinces, Ontario, the Prairie provinces, and the Pacific coast. A chronological account is given of the teaching of international law in each law school, describing first the teachers, their backgrounds, personalities, attitudes to international law and other interests, and, second, the courses taught, texts and casebooks used, and the importance placed on international law in the general curriculum, as indicated by the time devoted to it, whether it was elective or compulsory, and the year in which it was taught. For the most part, the discussion is restricted to the law schools in the various universities. Although it would be interesting to consider the parallel development of international law teaching in other disciplines, such as political science, the subject is so vast that some limit must be imposed on it.

scholarly journals Why judges need jurisprudence in cyberspace

Legal Studies ◽  
2018 ◽  
Vol 38 (2) ◽  
pp. 263-278
Author(s):  
Chris Reed
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Private International Law ◽  
Public And Private ◽  
The Rule Of Law ◽  
Internal View ◽  
National Legal System ◽  
The Law

AbstractJudges are increasingly asked to decide whether a rule of national law is applicable to a cyberspace actor who is not present in their jurisdiction, or whose activities do not clearly fall within the established understanding of the rule. They do this through interpreting the applicability and meaning of the law.Every attempt to enforce a national law makes a claim that the law has authority over the cyberspace actor. By accepting that claim, the judge asserts that the law's claim is legitimate. This is a Hartian exercise, adopting the internal view of the national legal system as the test for legitimacy.But in cyberspace the legitimacy of a national law claim is determined not by the internal perspective of the legal system but by the external perspective of cyberspace actors. A law will only have authority in cyberspace if it can convince cyberspace actors that its claim is legitimate. And a legal system which repeatedly makes illegitimate claims thereby weakens its status as a system which adheres to the rule of law.Judges can help solve this problem by interpreting laws and applying public and private international law so as to reject applicability claims which are illegitimate. To do this successfully, they need to understand the jurisprudential foundations of any law's authority in cyberspace.

scholarly journals Hans Kelsen: A Peacemaker Through Law

2014 ◽  
Vol 45 (4) ◽  
pp. 647 ◽  
Author(s):  
Mario Patrono
Keyword(s):  
New Zealand ◽  
International Law ◽  
First Trimester ◽  
The United States ◽  
Law School ◽  
Intellectual Life ◽  
European Union Law ◽  
Hans Kelsen ◽  
The Law ◽  
Masters Students

Mario Patrono has made many visits to New Zealand, and to Victoria University of Wellington School of Law in particular, during the course of his career. Most recently he has been a Visiting Professor at the Law School, arriving for the first trimester of 2013, 2014, and soon 2015, enjoying Wellington's calmer autumn months, then sensibly returning to Rome before winter takes hold. During each of these visits Professor Patrono leads a seminar class on the fundamentals of European Union law for honours and masters students. He also contributes to the intellectual life of the Law School more generally, speaking at staff and student events. This article is based on one of those speaking engagements. The context of this talk was a Law School student seminar on the history and theory of international law led by Dr Guy Sinclair. Professor Patrono was invited to introduce the students to the work of Hans Kelsen. In this lecture he outlines Kelsen's background and key works for this audience, touching on subjects such as Kelsen's departure from Europe and early reception in the United States, before challenging those present with the notion that Kelsen's work might have something to offer New Zealand constitutional scholarship.

Private International Law

2018 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Application Of Law ◽  
Cross Border ◽  
Corrective Measures ◽  
The Supreme Court ◽  
The Law

In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards. The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.

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