International Law

Where is the UN idealism also encapsulated in?

the UN's Universal Declaration of Human Rights adopted in 1948. It is a clear example of natural law influencing international law

Result of the 1986 ICJ ruling that the US had breached international customary law by supporting the Contra guerrillas in their war against the Nicaraguan government

the US withdrew from the ICJ's compulsory jurisdiction

What has undermined the effectiveness of the court?

the ability to 'opt out'

Specific prohibitions and punishments that have received attention in the West

the ban on drinking intoxicating substances and punishments such as the amputation of hands for theft, flogging for fornication (sexual intercourse between unmarried people), and stoning for adultery. These contravene international human rights

The Immigration Amendment Act 1999

the belated implementation of the 1951 United Nations Convention Relating to the Status of Refugees, signed by NZ in 1960

Opinio juris

the belief that an action was carried out because it was a legal obligation. Opinio juris is the second element (along with state practice) necessary to establish a legally binding custom

NZ war on terror has led to controversy with...

the detainment of Algerian terrorist suspect Ahmed Zaoui in 2003. NZ government argued that national security was at stake while civil libertarians argued that Zaoui was a refugee whose basic human rights had been compromised. The denial of Zaoui's right to know the case against him and his right to a speedy trial are two examples of breaches of the rule of law. September 2007, the Security Risk Certificate against him was withdrawn. He was never designated a terrorist under the Terrorism Suppression Act

Example of widespread recognition of Sharia law in Britain

the establishment of Sharia courts

Recent changes to Chinese legal system have not prevented human rights abuses for example...

the imprisonment of Nobel Peace Prize winner Liu Xiaobo in 2009. He has been sentenced to 11 years for protesting in favour of democracy and human rights. This raises serious questions about the extent to which the rule of law operates in China

Interesting legal issue in Iraqi war

the legality of the decision to invade in 2003

The most dramatic event in world history since the collapse of the Soviet Union in 1991

the terrorist attack on New York City on 11 September 2001

The main weakness in NZ's regulatory regime?

the understandable reluctance to damage the powerful and lucrative dairy industry

Islamic law link to Maori customary law

there is a strong emphasis on oral communication.In Islamic law, the oath plays a vital part in examining evidence

All nations are welcomed into the UN but...

they can also be suspended or expelled following a recommendation from the Security Council

UN-backed military operation in Libya, March 2011

they carried out air operations to protect Libyan civilians from the forces of Libyan dictator Muammar Gaddafi

International treaties

they have a higher profile than international customary law. They can be bilateral (between two nations) or multilateral (between more than two nations)

2007 Labour-led government announced details of its emissions trading scheme designed to combat global warming. Climate Change Response (Emissions Trading) Amendment Act 2008

this created 'emission units' to offset greenhouse gas emissions. The more units an emitting company has, the more greenhouse gases it can emit. The catch is that units cost money; therefore there is an incentive for emitters to reduce emissions. They can also sell unneeded units for a fee

'Bali Summit' 2007

to negotiate a climate change plan to succeed the Kyoto Protocol, which expires in 2012. NZ representatives were able to proudly proclaim the nation's commitment to being the first carbon-neutral country by 2020 (although this ambitious target has now been dropped). Subsequent meetings in Copenhagen in 2009 and Cancun in 2010 failed to confirm a replacement for the Kyoto Protocol

3 sources of international law

treaties, custom and general principles of law

Example of ICJ going to great lengths to avoid conflict with the SC

trying to avoid giving judgements contradicting a SC decision

Civil law systems (differences to common law)

usually rely on legislation contained in large codes. Unlike in a common law system, another source of civil law is scholarly writings. Judges play a reduced role in creating the law compared with common law systems. A comprehensive civil code leaves less room for judicial interpretation. Case decisions are based on codified law rather than on other cases. That said, civil law judges play an important role in interpreting the codes. Another key difference is the nature of judicial appointment. In civil law systems, judges are practitioners of a separate profession to lawyers. They do not usually have experience at the Bar. Civil law judges can act as prosecutors and take an investigatory approach to cases as opposed to strict objectivity

United Nations Framework Convention on Climate Change 1992

was agreed upon at the 'Earth Summit' in Rio de Janeiro, Brazil. It is a broad treaty with the aim of decreasing greenhouse gas emissions and thus reducing global warming

Environmentalism

was embraced by young people during the social revolution of the 1960s. Environmentalists exhort individuals to 'think globally and act locally'. Thus, we look at international law to safeguard the global environment for future generations.

Example of a market economy

when China joined the World Trade Organization in 2001 it was obligated to pass laws to protect intellectual property. In a capitalist-style economy, lawyers and courts also become increasingly important

After 9/11 the US and allies declared

'war on terrorism'. This has continued unbated since 2001 and shows no sign of ending, despite the assassination of Osama bin Laden in May 2011

Four main sources of Islamic law (in order of importance)

1. The Koran (principal religious text) 2. Sunna (the life and teachings of Muhammed 3. Ijma (consensus among scholars on contentious points of law) 4. Qiya (legal precedents that can be applied to new fact situations by analogy)

Example of government's intent to face the anger of international institutions rather than the anger of the voting public

2003, when the Labour government attempted to introduce a 'flatulence tax'. This measure would have required farmers to pay a tax to fund research into decreasing methane emissions, which in NZ come largely from farm animals. Concerted opposition from the rural sector forced the government to back down.

The current regulatory framework for the protection of the environment is fraught with problems:

>Few general legal principles have evolved in international environmental law (there are mostly vague directions with no clear expectations for parties) >Few customary rules have risen compared to other areas of international law >Most problems have been regulated through non-binding resolutions and declarations so-called 'soft law' with no real pressure on parties >Many treaties have been concluded, but most of them are just framework agreements that require further specific negotiation, for example the Rio Summit >There are no real judicial measures to deal with non-compliance. Supervisory and preventative mechanisms are used instead

The court (ICC) suffers from serious jurisdictional limitations:

>The ICC can act only when nations are either unwilling or unable to act themselves >The court can usually hear cases only involving acts that have occurred in or have been perpetrated by individuals from any of the 114 states that have ratified the Rome Statute. There is an important exception to this: the UN SC can initiate proceedings at the ICC against an individual from a non-participating nation, as in the case of the Darfur conflict >The US has refused to be part of the ICC. The lack of support from the world's only superpower has damaged the ICC's credibility as a truly 'international' court. Another problem is the reluctance of certain countries to hand over alleged criminals

The international treaty-making process in NZ

>The treaty is negotiated >Cabinet approves the treaty text >At this stage, some multilateral treaties can be signed, as the signature is commonly non-binding. Binding treaty action can be taken on minor bilateral treaties >Multilateral treaties and major bilateral treaties go before Parliament for select committee analysis and possible debate in the HOR >Executive responds to the select committee's non-binding recommendations >Legislation implementing the treaty into domestic law is often necessary before ratification (formal acceptance of the treaty). NZ therefore strives to meet treaty requirements before actually officially ratifying a treaty. Sometimes no legislation is needed if the treaty affects only international obligations or if NZ's legal system is already consistent with the treaty. If legal change is needed an Act can be passed: ->implementing the treaty directly into domestic law ->implementing some of the treaty wording, or ->implementing the substance of the treaty without direct reference to the treaty text (e.g. NZ BORA)

Deborah Manning

>represented Algerian exile Ahmed Zaoui >she exemplifies the duty of lawyers to represent their clients to the best of their ability. She never lost faith in her client's innocence >Zaoui now runs a Kebab stall in Palmerston North

Rainbow Warrior, 1985

>terrorist attack carried out by French agents >a settlement between France and NZ was brokered by the Secretary-General of the UN. French government to pay NZ $13mil in compensation and to apologise >in return, NZ transferred the two convicted agents into French custody to serve their sentences

How can the Chinese legal system help us to understand the NZ Legal system? It demonstrates:

>that law does not need to be structured in the same fashion as in Western systems; China has a radically different system but it still works; >that in a globalised world it is very difficult to avoid some kind of formal, rules-based system; >the importance, for a legal system, of focusing first and foremost on relationships. An appreciation of Chinese legal traditions has become increasingly important for NZ lawyers as our trade with China increases and the Chinese population in NZ grows. In April 2008, NZ and China signed an historic free trade agreement, the first China has signed with a developed nation

Protocol function

A protocol amends an earlier international agreement

The ICJ and the UN Security Council curious relationship

All UN members must comply with ICJ decisions that apply to them. If they fail to do so, the SC will step in to enforce the decision. Unfortunately, the veto system means that an ICJ decision unfavourable to one of the five permanent members usually leads to the member's veto of the subsequent enforcement resolution. This weakens the potential for enforcement of ICJ decisions

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act 2001 'US PATRIOT Act'

American legislation places far more restrictions on civil liberties. Provide authorities with increased powers in an effort to suppress terrorism

Over the past few decades...

China has adopted more Western approaches to its economy and legal system. It has developed a thriving market economy

United Nations formation

Formed in 1945 in the aftermath of the Second World War

Napoleon Bonaparte

French emperor. Took Justinian's Code as his model in the early 1800s, resulting in the French Napoleonic Code. This Code influenced conquered territories. His influence on Spain and Italy remains to this day, despite his defeat at Waterloo in 1815. The reasons for a legal system's existence are often political than anything else

Article 13 of UN Charter

GA's power to conduct studies

Article 10 of UN Charter

General Assembly's powers for discussion and recommendations

Role of law in Chinese life before 1949

In 1949 the Chinese Communist Party overthrew the Chinese Nationalist government and established a socialist state. Law had a limited role before 1949- regarded in a neutral way. However, the law did not 'wither' away in communist China. Instead, the Communist Party became the new head of the national hierarchy and used law to support its regime, including violent crackdowns on peaceful demonstrations such as the Tiananmen Square protests calling for democratic reform in 1989

Nuclear testing dispute between NZ and France (ICJ in action)

In 1973, France decided to begin atmospheric nuclear testing in the South Pacific. France had stopped tests by 1974 when case heard and decided no case to hear. 1995- NZ appealed but was rebuffed as new tests were underground rather than atmospheric

Example of the UN being powerless in the face of genocide and war

In 1994, approx. one million members of the Tutsi ethnic group in Rwanda were massacred by members of the Hutu group in approx. 100 days. The UN did little to prevent this.

International Criminal Court (ICC)

In July 2002, a sufficient number of nations ratified the enabling statute (Rome Statute) to make the ICC operational. Can only investigate crimes after this date and only civil jurisdiction. Not a UN organ

Problems with John Austin's theory relating to international law

International bodies do issue commands to nations e.g. the UN did in 1990 when Iraq was ordered to withdraw from Kuwait or face military action. But usually international law relies on nations voluntarily signing up to treaties, rather than adhering to commands. Few real sanctions exist to enforce the commands e.g. when the US went against UN wishes and overthrew Saddam Hussein's Iraqi dictatorship in 2003, the UN could not punish the US. There is also NO RECOGNISABLE SOVEREIGN in international law

Judiciary's role in interpreting the place of international treaties

International treaties can be used as a tool for interpreting domestic legislation e.g. in certain cases judges have referred directly to the ICCPR when interpreting the NZ BORA. However, international treaties do not have the force of law unless specifically incorporated into domestic legislation. International law is becoming more pervasive in NZ- we try to solidify our roles as responsible international citizens

Example of difference between civil and common law judges

Italian judges, Giovanni Falcone and Paolo Borsellino took a vow to bring down the powerful Sicilian Mafia. They could act as state prosecutors. They were able to convince Tommaso Buscetta to become the first Sicilian Mafia member ever to break the 'code of silence' and betray his colleagues. He provided vital secrets leading to the arrest and conviction of hundreds of Mafia members during the mid 1980s. Several judges were assassinated-two martyrs. Today the Mafia has a significantly weakened presence in Sicily, and photos of Falcone and Borsellino hang in the offices of many Sicilian judges

Arms Act 1983

Iti and others were charged with firearms offences under this act

United States-backed Iraqi government

Militants and terrorist organisations are still fighting a guerrilla war to destabilise it

Nuclear Tests case illustrates

NZ experiences with the world court have been disappointing. The ICJ faces major problems with enforcement

NZ and the 2003 invasion of Iraq

NZ followed international law, refusing to join the 'Coalition of the Willing'. The invasion was probably contrary to IL, based on dubious info purporting to show that Iraq was developing 'weapons of mass destruction' that posed a threat to the US. The US argued that it could not afford to sit back and wait to be attacked again. Experts cannot agree on the legality=IL indeterminate state. George W Bush believed that Saddam Hussein posed a 'threat to world peace'. Iraq's fragile democracy is still held together by American military and political support. 'Might is right' still has a dominant place in international affairs

How has NZ ratified the multilateral specialist treaties?

NZ has ratified the ICCPR primarily through the NZ BORA 1990. The CEDAW has been implemented through a range of statutes e.g. the Prostitution Reform Act 2003. NZ has ratified the CERD but in 2007 was heavily criticised by the CERD committee for failing to implement the convention (especially in relation to the Foreshore and Seabed controversy)

NZ on Security Council

NZ has served on the Security Council three times since 1945

NZ and ICJ

NZ is one of 66 nations that have accepted the ICJ's compulsory jurisdiction. This means that when a dispute that falls within the scope of that acceptance is submitted to the court, NZ must agree to the ICJ's power to settle that dispute.

Muslims in NZ

NZ's muslim population is growing

Was NZ part of the 'Coalition of the Willing'?

No. Questions our state of emergency

Article 27 of UN Charter

Permanent members have a veto right on Security Council decisions

Example of conflict between statute and common law in Sharia law

Police v Abdul Zohoor Razamjoo (2005). Two female muslim witnesses requested that they be allowed to wear burqas when addressing the court. The judge compromised (they were required to remove 'veil' but cross-examination took place in view of only the judge, counsel, and female court staff. The case raised the important issue of how to balance freedom of religion with a defendant's right to a fair trial, in particular the right to examine witnesses for the prosecution

Why did the Security Council refuse to send reinforcements?

Political reasons. e.g. France was concerned about having an American or British-led UN intervention force in its geopolitical sphere of influence. The US had recently experienced a military disaster after intervening in Somalia and was reluctant to risk a similar outcome in Rwanda

Article 41 UN Charter

Power of Security Council to give sanctions

Article 39 & 40 UN Charter

Security Council cam determine existence of dispute and recommend provisional measures

Article 33 of UN Charter

Security Council can call on parties to resolve disputes

Article 34 of Un Charter

Security Council can investigate dispute

Article 24 of UN Charter

Security Council primary responsibility for international peace and security

Who sits permanently on the Security Council ?

The US, Russia, China, the UK, and France and each has the power to veto any Security Council decision. They are joined by ten other nations, each of which is given a two-year temporary membership

The Security Council does not accurately reflect the power dynamics of the 21st century

The third and fourth biggest economies in the world, Japan and Germany, are not permanently represented. The second most populous nation in the world, India, also lacks permanent representation

Article 9 UN Charter

UN General Assembly includes all UN members

Article 12 of UN Charter

UN has no power in relation to any dispute the Security Council is already dealing with

Article 25 of UN Charter

UN members must carry out Security Council decisions

Article 51 of UN Charter

UN right to self-defence

Which country has acknowledged the dangers of climate change yet taken little action to mitigate its effects?

US. This is primarily due to the perceived economic harm flowing from regulation of carbon emissions. Generally, domestic legislatures trump international law, especially where superpowers are concerned. International law has thus failed to effectively implement a regime to tackle climate change

Examples of well-known international bodies include:

United Nations, International Court of Justice, International Criminal Court, World Bank, International Monetary Fund, World Trade Organization, World Wildlife Fund, Red Cross, International Federation of Association Football (FIFA), and the International Criminal Police Organization (INTERPOL)

Case study: climate change and the law, the consensus...

a consensus is now emerging that human activity is contributing to rising global temperatures. The Kyoto Protocol is an agreement that illustrates the limitations and frustrations involved in international law.

veto

a constitutional right to reject a decision or proposal made by a lawmaking body

theocracy

a governmental system in which the Church and state are combined as one

Confucianism

a system of philosophical and ethical teachings founded by Confucius and developed by Mencius. A system of ethics, education, and statesmanship stressing love for humanity, ancestor worship, reverence for parents, and harmony in thought and conduct

Function of a treaty

a treaty can bring about peace, determine the status of colonies, or facilitate trade

NZ problem with Kyoto Protocol:

after NZ committed to the targets, it became clear in 2005 that emissions would be much greater than anticipated. Economic growth and a lack of new planting resulted in increased emissions and fewer 'credits'. The National Party in 2005 even mooted the idea of withdrawing from the Kyoto Protocol if it won power in 2005 general election. The concept of withdrawing from a ratified agreement is one that would be very dangerous in any legal setting beyond international law. e.g. cancelling a business contract would result in legal penalties, or the defaulting party could be forced to comply with the contract.

In NZ half of our greenhouse gas emissions come from

agriculture

What the UN is NOT

an all-powerful world government and in many respects mirrors the geopolitical power structure of 1945

Modern Chinese legal system

an eclectic blend of Confucianism, communist regulation and Western-style law. A highly structured customary regime was created. Children obeyed parents. Society existed as a fixed hierarchy. Transgressions of social norms by individuals were dealt with in a community context, similar in some ways to Maori society

How the Terrorism Suppression Act 2002 defines terrorism

as an act intending to cause a number of consequences including death, property destruction and economic turmoil and which is: carried out for the purpose of advancing an ideological, political, or religious cause (a) to induce terror in a civilian population (b) to force a government or an international organisation to do or abstain from doing any act

Chinese approach to DR

based on the teachings of Confucius. He believed that personal and public morality should form the basis for regulation in society. Instead of being dominated by laws, society could function effectively if people acted in good faith towards one another. This included self-analysis, respect for authority, and treating others as one would want to be treated. Like Plato, Confucius lived in a society with a definite hierarchy. Thus China and other South-East Asian nations influenced by Confucius do not have legislation-laden, precedent-bound legal systems such as NZ

Article 42 of the UN Charter

can order military action to 'maintain or restore international peace and security'

In the Chinese legal tradition, what replaces the procedural rules of a Western legal system?

ceremony and ritual. Positive law is for foreigners and as a last resort for those who refuse to conform to society's expectations

Private international law

concerned with the clash between laws from different jurisdictions and is sometimes referred to as 'conflict of laws'

Public international law

consists of 'rules' that govern relationships involving states and international organisations. It is a huge field covering war, human rights, refugee law, international trade, the law of the sea, environmental issues, global communications, and even outer space

Helen Clark UN position

currently the Administrator of the UN Development Programme

International customary law

derived from the consistent practices of states and the reason for such consistent practices- states behaving in a particular way because they consider it a legal obligation to do so. Like constitutional conventions, customary international law has a flexibility that allows it to adapt to changing circumstances. Much customary international law has now been enshrined in treaties e.g. laws of war.

Islamic law

derives from the religion of Islam. The two are inseparable. Sharia can be defined as a religious or moral code for living. It is important to make a distinction between Islamic law and the legal systems of Islamic states

Chapter IV

details the General Assembly's powers. It consists of representatives from all 192 UN nations. Every member state has one vote, which effectively acts as the UN's legislative branch. Former Deputy PM Jim McLay is NZ's current permanent representative to the UN. UN resolutions only require a simple majority to pass. Resolutions on international security can be binding in rare circumstances where the Security Council has failed to act due to a permanent member's veto

Disadvantages (from a Western perspective) of the traditional Chinese approach include:

difficulties with enforcement and a focus on one's place in the hierarchy rather than personal rights

Non-controversial examples of customary international law

diplomatic immunity and establishment of 200-mile Exclusive Economic Zones around nations with coastlines

An example of a higher moral code found in international law superseding positive domestic law

during the Nuremberg trials following Nazi Germany's defeat in 1945, the Nazi leaders were found guilty of breaching natural law, universal human rights, and international law, despite their compliance with Germany's domestic laws

Civil law development

during the early modern period in Europe, nation states moved to codify their laws rather than relying on a precedent-based system. England alone resisted this change and kept its common law system (influence due to largest colonial empire in the world from the mid 1700s through to the mid 1900s). Civil law is the most widespread form of law, stemming from Justinian's Code in the 6th century AD- appeal is its efficiency and clarity

Article 18 of UN Charter

each GA member has one vote

Those practising Sharia law accuse their opponents of

ethnocentrism (applying Western cultural values to other cultures)

Advantages of the traditional Chinese approach include:

flexibility, lower monetary costs, and the potential for effective preservation of relationships

Kenneth Keith (1937-)

former NZ Supreme Court and Court of Appeal judge who was elected to the International Court of Justice in 2005. Key member of the legal teams that represented NZ at the ICJ regarding French Nuclear testing. Law lecturer at Victoria Uni and Privy Councillor and President of Law Commission

A key problem in climate change

general apathy and laziness

Jurisdiction of the ICC includes...

genocide, crimes against humanity, and war crimes. Currently, the court is investigating the allegations of genocide in the Darfur region of Sudan. The most innovative feature of the ICC is its focus on putting individuals to trail rather than states

General principles of law

good faith and free consent- enshrined in the Vienna Convention on the Law of Treaties 1969. All nations have the ability to enter into treaties with other nations under free consent, but cannot bind third-party nations to the agreement without their consent. The International Court of Justice is able to consider general principles of law recognised by civilised nations that have some bearing on the matter before it

NZ will eventually achieve greenhouse gas neutrality

greenhouse gas emissions will be completely offset by 'sinks' that reduce greenhouse gas, such as forests

Confucianism in China now

has declined since the advent of communism

Applications to build wind farms in Manawatu and Hawkes Bay

have been turned down by the Environment Court because of the perceived negative effects on the landscape and nearby residents. A common argument used to block wind farms is that a wind farm is not big enough to have a noticeable effect on climate change

John Austin's view of international law

he did not accept that international law was proper law. Few would agree with him today

November 2010, Sharia law was taken into account by Justice Allan in the High Court

he recognised a Sharia guardianship arrangement for the purposes of granting a visa, despite the Sharia arrangement not meeting NZ's legal definition of adoption.

As seen by US, a nation can sign an agreement and then refuse to ratify it because...

if a measure to enforce an international agreement in a domestic context is politically unpopular, governments can simply back down

ICJ does not officially follow a precedent system but...

in practice, it rarely contradicts earlier decisions

At a global level, environmentalism and international trade liberalisation seem to

inevitably clash

Article 43 of the UN Charter

instructs member nations to make military services available for UN use if necessary. NZ has provided military personnel for UN use on a number of occasions, including East Timor in 1999

Jus cogens

international customary law that must be followed by nation states

The main problem facing the world today

is how to reduce carbon emissions without seriously harming economic growth and reducing quality of life

National security law

is in some respects a secret legal system within our normal legal system. It has its own rules and justifications. Compromises of civil liberties may be necessary, but it is virtually impossible to know whether they are or not without having access to all relevant information. The treatment of a possible terrorist could have been necessary for national security and to appease allies such as the US.

The International Court of Justice (ICJ)

is part of the UN and is covered by Chapter XIV of the Charter. It hears only cases relating to conflicts between states.

Intergovernmental Panel on Climate Change (IPCC) announcement 2007

it is 'very likely' that climate change was attributable to human action. It also confirmed that, without widespread greenhouse gas reductions, temperatures and sea levels would rise, leading to droughts, storms, flooding, and disease sweeping the globe. It is the first real statement of consensus issued by the scientific community

Lawyer's role in a civil law system

it is also more restricted that in common law system. Juries play a much more limited role- less time researching cases and utilising them in trials. Despite differences, the civil law system is still the closest alternative, in style, to our system

Common law practitioners view of civil law

it is an amorphous (without a clearly defined shape or form) alternative system. However, there are distinct groups of civil law e.g. French and German based on different codes. The German code has been influential in Asian countries like Japan and China

Marriage and divorce in Sharia law (controversial)

it is possible for a Muslim husband to divorce his wife by stating 'I divorce you' three times. Muslim men can have up to 4 wives. Women are also required to wear clothing covering their bodies completely except for hands and face.

In recent decades, NZ's greatest strength

its willingness to provide a courageous, independent voice on issues such as nuclear power, whaling, and the US invasion of Iraq

NZ attempts to meet the targets outlined in the Kyoto Protocol:

largely unsuccessful so far. Can be linked to the weaknesses inherent in international law

usury

lending money at an exorbitant interest rate

The principal influence in international power relations:

military force, followed by economic force. The US is the most powerful nation in the world because it has the most powerful military and the strongest economy

Article 11 of UN Charter

more specific power to discuss and make recommendations relating to international peace and security for General Assembly

NZ is attempting to balance:

national security with civil liberties

Customary international law is based on...

natural law. It looks to a higher code of universal truths not founded on any religious doctrine. Some customary laws are more flexible than others- the most inflexible laws are known as jus cogens. They include prohibition of genocide, torture, slavery, and wars of aggression

UN executive and judicial body

no true separation of powers

In most cases, Assembly recommendations are

non-binding. The real power rests with the Security Council

Domestic incorporation after executive signing of a treaty

often there is a long time lag between the executive's signing of a treaty and the incorporation of its obligations into domestic legislation. Sometimes domestic incorporation does not occur at all

Terrorism Suppression Amendment Act 2007

passed by an overwhelming majority. Brought NZ completely into line with its international obligations, provisions preventing the financing of terrorism. NZ has also provided military support for the US-led 'Operation Enduring Freedom'. This seeks to stamp out terrorist networks. NZ police arrested a number of political activists- Maori sovereignty leader, Tame Iti. He was planning to use force to set up an independent state in the Urewera region. Not charged.

The limits of the rule of law have been questioned in light of national security: Terrorism Suppression Act 2002

potentially clashes with civil liberties such as freedom of expression and the right to be free from unreasonable search and seizure. Increased executive power

Article 42 of UN Charter

power of Security Council to order military force

A market economy

requires that international trade be conducted smoothly and that business contracts are enforced

Kyoto Protocol 1998

set specific targets to meet the aims of the Rio Convention. Whereas the Rio Convention did not legally bind member states, the Kyoto Protocol sets out mandatory requirements for developed countries that have signed and ratified it. Developing nations are only required to report on emissions. This has caused tension between developed and developing nations, especially given that China, the biggest emitter, is exempt. The US, the second biggest emitter, has signed the protocol but has not ratified it, making it one of the few countries not to support the process

The Koran

sets out rules for regulating society such as restrictions on divorce and usury, and appropriate punishments for criminal wrongdoing. Sharia law covers all aspects of daily life including acts of worship, commercial dealings, inheritance, family law, and evidentiary procedure, as well as warfare.

Chapter I of the Charter

sets out the purposes and principles of the UN. This section affirms the sovereign equality of all states and restricts the UN from intervening in domestic matters unless in extreme circumstances

The attacks in New York were followed by

similar, though smaller, attacks in Bali, Madrid, and London

Article 43 of UN Charter

states must make military force available

UN task

task of preventing a third world war. It encourages cooperation and compromise among the different nations

International bodies with selective membership include

the British Commonwealth, the Organisation for Economic Cooperation and Development (OECD), and the Organization of the Petroleum-Exporting Countries (OPEC)

The constitutional document establishing the UN

the Charter of the United Nations

Famous example of NZ bilateral treaty

the Closer Economic Relationship (CER) Treaty signed with Australia

Article 24 of the UN Charter

the Council has the 'primary responsibility for the maintenance of international peace and security'

The Assembly also produces declarations e.g....

the Declaration on the Rights of Indigenous Peoples. After initially rejecting this declaration in 2007, NZ issued a statement indicating support in April 2010. The declaration is non-binding

Regional organisations that play a vital role in international affairs

the European Union and the North Atlantic Treaty Organization (NATO). NZ plays an important role in the Association of Southeast Asian Nations (ASEAN), Asia-Pacific Economic Cooperation (APEC), and the Pacific Forum.

Who decides in NZ whether or not to enter into treaties?

the Executive (especially Cabinet) . Only the executive can bind NZ but the legislature plays an important role in debating issues relating to treaties

Multilateral specialist treaties

the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Elimination of All Forms of Racial Discrimination (CERD).

Climate Change Response (Moderated Emissions Trading) Amendment Act 2009

the National-led government passed this. It created a less stringent framework and less ambitious long term target- namely, a 50% reduction in emissions by 2050. The scheme will not extend fully to the agricultural sector until 2015, and even then there could be stiff resistance from the dairy industry

Famous historic examples of international treaties

the Treaty of Westphalia in 1648 (ending the Thirty Years' War), the Treaty of Versailles in 1919 (ending the First World War), and the Treaty of Waitangi in 1840

Resolution 1373

the UN Security Council passed this after 9/11, which called on nations to adopt anti-terrorist legislation. NZ has taken great efforts to meet its obligations, primarily through the Terrorism Suppression Act 2002.

Since 2006, Sudanese militia forces have engaged in genocidal acts in the Darfur region of Sudan. UN involvement:

the UN has struggled to keep the peace while being rebuffed by the Sudanese government and undermined on the SC by China. Peace recently with the 2010 ceasefire and the presence of the UN/African Union peacekeeping force