New Zealand Yearbook of International Law

2022 ◽  
Christian Riffel ◽  
Róisín Burke
1979 ◽  
Vol 73 (4) ◽  
pp. 628-646 ◽  
James Crawford

In a series of articles in this Journal, Professor Robert Wilson drew attention to the incorporation of references to international law in United States statutes, a technique designed to allow recourse to international law by the courts in interpreting and implementing those statutes, and, consequently, to help ensure conformity between international and U.S. law. The purpose of this article is to survey the references, direct and indirect, to international law in the 20th-century statutes of two Commonwealth countries in order to see to what extent similar techniques have been adopted. The choice of the United Kingdom and the Commonwealth of Australia as the subjects of this survey is no doubt somewhat arbitrary (although passing reference will be made to the legislation of Canada and New Zealand). But the United Kingdom, a semi-unitary state whose involvement in international relations has been substantial throughout the century, and the Commonwealth of Australia, a federal polity with substantial legislative power over foreign affairs and defense -whose international role has changed markedly since 1901, do provide useful examples of states with constitutional and legislative continuity since 1901, and (as will be seen) considerable legislative involvement in this field.

1999 ◽  
Vol 30 (2) ◽  
pp. 489
John Salmond

This article is a report from the New Zealand Mail, 1 August 1906, which covered Professor John Salmond's inaugural address as the chair of law at Victoria College (now Victoria University of Wellington). Professor Salmond dealt with the subject of international law with regards to the conditions of modern warfare. He discusses important international treaties, the role of the civil population, and what would happen if war came to New Zealand. Professor Salmond concludes that a key player in resolving international disputes was arbitration, which he believed was full of hope and promise for the future. 

2012 ◽  
Vol 43 (4) ◽  
pp. 547 ◽  
Christopher Foulkes

This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.

Hook Maria

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.

Kenneth Keith

This concluding chapter discusses New Zealand’s interaction with international law, adopting a chronological approach which takes account of the increasing authority of New Zealand’s institutions since 1840, when British colonization began. Over this period, New Zealand has developed and diversified its international trading, political, and strategic relations with other states, and has experienced the broadening and deepening of international law which has responded to massive scientific, technical, environmental, and geopolitical developments. The chronological approach also helps to identify major changes in New Zealand’s positions on, and contributions to, international law. Also central are New Zealand’s geography and population. It was first settled by Polynesians and later populated by Europeans, mainly British, who began to arrive only 200 years ago. Now, New Zealand has a rapidly diversifying population, with increasing numbers of people relocating from the Pacific and Asia.

Richard P. Boast

This chapter examines the connections between the field of legal history and the various ways in which claims against states by indigenous groups are adjudicated and resolved. It focuses on ‘indigenous’ and ‘settler’ relationships, and on redress mechanisms in Australia and New Zealand. In both cases, the establishment of such mechanisms arose out of political and legal conjunctures within each country, and owed little to developments in international law. The Waitangi Tribunal in New Zealand and the Native Title Tribunal in Australia have very different functions, utilize different kinds of expert evidence, and operate in very different political and constitutional settings. While both bodies require expert evidence typically provided by non-indigenous specialist researchers, the required expertise in each case is different: anthropology in the Australian case, and history in New Zealand.

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