scholarly journals The need for a structured approach to extradition between China and New Zealand

2021 ◽  
Author(s):  
◽  
Joseph Griffiths
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Justice System ◽  
Ad Hoc ◽  
Law Enforcement Agencies ◽  
United Nations Convention ◽  
Extraterritorial Jurisdiction ◽  
Bilateral Treaties ◽  
Structured Approach ◽  
Rights Issues

<p>New Zealand will increasingly be confronted with human rights issues arising from the extradition of individuals to China due to perceived inadequacies in China’s criminal justice system and the practice of using force to extract confessions by China’s law enforcement agencies. This thesis examines the failings of New Zealand’s current ad hoc extradition system with its reliance on diplomatic assurances to guarantee fair trial rights and protection against torture for individuals extradited to China. Due to these inadequacies it is possible that the only way in which New Zealand can fulfil its obligations under the United Nations Convention against Corruption in cases involving corruption is for New Zealand to exercise its extraterritorial jurisdiction as an alternative to extradition. The Law Commission’s approach in its 2016 report recommending changes to the Extradition Act 1999 fails to comprehend the essential role bilateral treaties are likely to play in terms of New Zealand’s extradition relationships with countries such as China in the future. It is argued that a more structured approach is needed by concluding a legally binding treaty with China that provides for specific human rights guarantees and a monitoring regime. This treaty should also allow either state party to offer to try an individual sought for extradition by exercising the requested party’s extraterritorial jurisdiction as an alternative to extradition. Furthermore, consideration should be given to expanding the scope of New Zealand’s extraterritorial criminal jurisdiction in cases involving individuals requested for extradition under the treaty.</p>

scholarly journals The need for a structured approach to extradition between China and New Zealand

2021 ◽  
Author(s):  
◽  
Joseph Griffiths
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Justice System ◽  
Ad Hoc ◽  
Law Enforcement Agencies ◽  
United Nations Convention ◽  
Extraterritorial Jurisdiction ◽  
Bilateral Treaties ◽  
Structured Approach ◽  
Rights Issues

<p>New Zealand will increasingly be confronted with human rights issues arising from the extradition of individuals to China due to perceived inadequacies in China’s criminal justice system and the practice of using force to extract confessions by China’s law enforcement agencies. This thesis examines the failings of New Zealand’s current ad hoc extradition system with its reliance on diplomatic assurances to guarantee fair trial rights and protection against torture for individuals extradited to China. Due to these inadequacies it is possible that the only way in which New Zealand can fulfil its obligations under the United Nations Convention against Corruption in cases involving corruption is for New Zealand to exercise its extraterritorial jurisdiction as an alternative to extradition. The Law Commission’s approach in its 2016 report recommending changes to the Extradition Act 1999 fails to comprehend the essential role bilateral treaties are likely to play in terms of New Zealand’s extradition relationships with countries such as China in the future. It is argued that a more structured approach is needed by concluding a legally binding treaty with China that provides for specific human rights guarantees and a monitoring regime. This treaty should also allow either state party to offer to try an individual sought for extradition by exercising the requested party’s extraterritorial jurisdiction as an alternative to extradition. Furthermore, consideration should be given to expanding the scope of New Zealand’s extraterritorial criminal jurisdiction in cases involving individuals requested for extradition under the treaty.</p>

Art.35 Reports by States Parties

2018 ◽  
Author(s):  
Kanter Arlene
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Final Section ◽  
Ad Hoc ◽  
Country Report ◽  
Persons With Disabilities ◽  
Reporting Requirements ◽  
Human Rights Treaties ◽  
Sixth Session ◽  
United Nations Convention

This chapter examines Article 35 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the requirements for reporting by states parties to the CRPD Committee. It begins with an overview of the background and travaux préparatoires of Article 35. Although the reporting requirements were discussed at several sessions of the Ad Hoc Committee, it was not until the sixth session, in August of 2005, when the Committee considered the substantive proposals related to Article 35. The following sections of the chapter discuss each paragraph of Article 35, including what constitutes a ‘comprehensive’ country report, as required under Article 35(4). The final section compares the language of Article 35 with the reporting requirements of other human rights treaties, followed by a conclusion.

Art.29 Participation in Political and Public Life

2018 ◽  
Author(s):  
Plessis Ilze Grobelaar Du ◽  
Njau Jehoshaphat
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Public Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
Protection Mechanism ◽  
Human Rights Treaties ◽  
Draft Convention ◽  
United Nations Convention

This chapter examines Article 29 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Like all rights provided for under international human rights law, political and public life participation is to be recognized, enjoyed, and exercised without exclusions and/or restrictions. The Working Group to the Ad Hoc Committee of the draft Convention was given a mandate to draft Article 29 CRPD in line with the universal human rights treaties, to provide a protection mechanism that would ensure that persons with disabilities are entitled to the same entitlement to participate in political and public life in the same manner as other persons without disabilities.

scholarly journals Domain Name Disputes: Is Private Dispute Resolution Working?

2021 ◽  
Author(s):  
◽  
Joy Jennifer Liddicoat
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Dispute Resolution ◽  
Low Cost ◽  
The Internet ◽  
Domain Name ◽  
High Quality ◽  
Internet Policy ◽  
Service Policy ◽  
Rights Issues

<p>InternetNZ has responsibility for management of the .nz domain name space. This dissertation examines InternetNZ's development and implementation of the Dispute Resolution Service Policy (the DRS). The DRS, which is being reviewed in 2010, provides a substantive legal test for unfair registration of a domain name and a dispute resolution process. This dissertation asks whether the DRS is working effectively and, if so, what this reveals about the operation of the Internet in New Zealand. The dissertation shows that the DRS is a low cost, high quality alternative to litigation and is being run in a pragmatic but principled way by InternetNZ. Implications are discussed and recommendations are made for minor improvements. The dissertation concludes with a call for more participation in, and critique of, Internet policy developments given the important human rights issues that can arise and the significance of the Internet in New Zealand today.</p>

scholarly journals Disability Rights and Compulsory Psychiatric Treatment: The Case for a Balanced Approach under the Mental Health (Compulsory Assessment and Treatment) Act 1992

2021 ◽  
Vol 52 (1) ◽  
pp. 221-244
Author(s):  
Toni Wharehoka
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
New Zealand ◽  
Psychiatric Treatment ◽  
Current Approach ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Balanced Approach ◽  
Assessment And Treatment ◽  
United Nations Convention

This article argues the New Zealand Government's current approach to compulsory psychiatric treatment is unjustifiable in a human rights context. Under s 59 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, clinicians are empowered to administer compulsory psychiatric treatment to individuals without, or contrary to, their consent. This article analyses s 59, and its underlying justifications, in light of the New Zealand Government's commitments under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Further, it analyses the approach for compulsory psychiatric treatment advocated by the UNCRPD in light of Aotearoa New Zealand's mental health context to evaluate whether this approach would be more desirable than the current approach under s 59. The article then advocates for a more balanced approach to compulsory psychatric treatment which puts the rights of disabled individuals at the forefront and also ensures there are limits to these rights which are justifiable within a human rights context.

scholarly journals Domain Name Disputes: Is Private Dispute Resolution Working?

2021 ◽  
Author(s):  
◽  
Joy Jennifer Liddicoat
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Dispute Resolution ◽  
Low Cost ◽  
The Internet ◽  
Domain Name ◽  
High Quality ◽  
Internet Policy ◽  
Service Policy ◽  
Rights Issues

<p>InternetNZ has responsibility for management of the .nz domain name space. This dissertation examines InternetNZ's development and implementation of the Dispute Resolution Service Policy (the DRS). The DRS, which is being reviewed in 2010, provides a substantive legal test for unfair registration of a domain name and a dispute resolution process. This dissertation asks whether the DRS is working effectively and, if so, what this reveals about the operation of the Internet in New Zealand. The dissertation shows that the DRS is a low cost, high quality alternative to litigation and is being run in a pragmatic but principled way by InternetNZ. Implications are discussed and recommendations are made for minor improvements. The dissertation concludes with a call for more participation in, and critique of, Internet policy developments given the important human rights issues that can arise and the significance of the Internet in New Zealand today.</p>

scholarly journals The Construction of Crime: The Presumption of Blue-Collar Guilt and White-Collar Innocence

2016 ◽  
Vol 16 (2) ◽  
pp. 237-251 ◽  
Author(s):  
Lisa Marriott
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Criminal Law ◽  
Tax Evasion ◽  
Justice System ◽  
White Collar ◽  
Blue Collar ◽  
Financial Crime ◽  
Human Rights Act ◽  
Welfare Fraud

This study examines a recent legislative change in New Zealand social policy that provides for the partners of people engaging in welfare fraud to be prosecuted for the crime and to be jointly liable for the debt generated from the crime. This situation applies where the partner knew, or ought to have known, of the fraud. This approach may be contrasted with the treatment of the partners of those who engage in tax evasion, or other forms of financial crime, who are not liable for prosecution or any debt resulting from the offence.Discrimination of those on welfare is well-established. The article highlights the extent to which welfare beneficiaries are now targeted for greater punitive measures in New Zealand and the increasing criminalisation of welfare in the country. The practices outlined appear to contravene the New Zealand Human Rights Act. Moreover, these practices are not aligned with the basic provisions of criminal law: that a guilty mind and a positive act are present for a crime to be committed. The study draws attention to issues of equity, knowledge of crime, and the construction of crime and criminals in the New Zealand justice system.

Victims’ Rights in England and Wales at the Beginning of the Twenty-first Century

2005 ◽  
Author(s):  
Paul Rock
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Justice System ◽  
First Century ◽  
Reintegrative Shaming ◽  
New Managerialism ◽  
System A ◽  
Gradual Process ◽  
Human Rights Act ◽  
The Impact

This chapter examines the way in which the victim of crime, the ‘forgotten party’ of the criminal justice system has started to regain something of the standing of an interested party with recognised rights in the justice system. A number of causal narratives are involved in this gradual process of change. First, there have been outside influences with statements and declarations of individual rights from the United Nations, North America and Europe which saw the eventual enactment of the Human Rights Act in 1998. Second, the ‘new managerialism’ of recent Conservative and Labour governments gave rise to the idea of the citizen as a customer in a market of services delivered by the state. Third, is the notion of reintegrative shaming, modelled on Maori justice in New Zealand, and intended to lead to a rapprochement in which the victim is no longer so fearful or angry and the offender better understands the impact of his actions and is reunited with the moral community rather than outlawed from it.

From adversarialism to managerialism: criminal justice in transition

Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 519-546 ◽  
Author(s):  
Jenny McEwan
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Financial Crisis ◽  
Criminal Justice System ◽  
Justice System ◽  
Ad Hoc ◽  
State Power ◽  
Significant Degree ◽  
European Convention ◽  
Party Autonomy

The criminal justice system of England and Wales has been subject to a series of essentially ad hoc reforms that depart to a significant degree from its adversarial heritage and represent a threat to fair trial rights under Art 6 of the European Convention on Human Rights. Far from moving closer to the European ‘inquisitorial’ model, as has been suggested by some commentators, criminal procedure is becoming increasingly dominated by managerialist concerns. Intolerance to litigant control is motivated by the desire to increase efficiency and reduce cost, although the replacement of party autonomy in terms of control over the conduct of the case by state power over process corresponds to some degree to the descriptions, in the work of Mirjan Damaška, of the system favoured by ‘activist’ states. However, the financial crisis facing the new government means that the situation is unlikely to be alleviated should the extent of government activity be reduced.

scholarly journals The scope of changes in the criminal law system in India

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Shalinee Vishwakarma
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Law Enforcement Agencies ◽  
Law System ◽  
Natural Justice ◽  
Protection Of Human Rights ◽  
Police System

The criminal justice system is an idea founded on judicial principles and constitutionalism. It includes the interaction of many institutions and remedies. An effective criminal justice system is essential for an orderly society and the protection of human rights. However, quite different from this ideology, Indian criminal justice faces many complications such as soaring crime rates, outdated laws, late proceedings, inefficient law enforcement agencies. to name a few. The criminal justice system urgently needs reform measures, based on natural justice and human rights, to rejuvenate the system. These minimal but essential measures include consistent reform of the criminal law, fostering and building trust in a skeptical justice system, curbing abuses of power by the police system, and obvious measures. of the welfare state and it is the moral duty of every citizen of India to obey and respect criminals. judicial system.  

Sign in / Sign up

Export Citation Format

Share Document