Home
| Databases
| WorldLII
| Search
| Feedback
New Zealand Yearbook of International Law |
Last Updated: 7 February 2019
PREFACE
The Editorial Board is pleased to publish this sixth volume of the
New Zealand Yearbook of International Law covering the year 2008.
This
volume begins with two special sections. The first, appropriately, is a
selection of papers from a colloquium on the Antarctic
titled: Responding to
Contemporary Challenges and Threats to Antarctic Security: Legal and Policy
Perspectives. The Colloquium was organised by Professor Don Rothwell, ANU,
Canberra and Karen Scott, University of Canterbury and hosted by the
School of
Law and Gateway Antarctica in July 2009. The Colloquium organisers would like
to acknowledge the financial support for
this event provided by a number of
organisations: the New Zealand Law Foundation; the Ministry of Foreign Affairs
and Trade (MFAT);
Maritime New Zealand; Antarctica New Zealand; School of Law,
University of Canterbury, Gateway Antarctica and; the International
Law Group.
Participants were experts in Antarctic law and policy matters and drawn from New
Zealand, Australia, the UK, the US and
India. 2009 marks the fiftieth
anniversary of the 1959 Antarctic Treaty and an assessment of the modern threats
to the security
of the Antarctic as a region and to the Antarctic regime itself,
is thus timely. Participants presented papers on a diverse range
of
security-focused issues including climate change and the Antarctic Treaty
system, the status of the Antarctic continental shelf,
whaling in the Southern
Ocean and Antarctic military and law enforcement operations. Participants
benefited from pertinent contributions
made by representatives from government
agencies present at the Colloquium including the MFAT, Maritime New Zealand, the
Royal New
Zealand Navy and Antarctica New Zealand. This Colloquium represents
the first stage in a longer-term project. The participants
are due to meet in
Canberra in 2010 for a second Colloquium and all papers will be ultimately
reproduced in an edited collection.
The papers collected here examine the
nature of security in the Antarctic (D. Rothwell and H. Nasu) and current
challenges to the
Antarctic Treaty system as a regime (C. Joyner). The
application of global principles to the Antarctic and their implications for
regime integrity is explored by Duncan French and no symposium on Antarctic
security would be complete without an examination of
the role of territory
within the region, which is provided here by Alan Hemmings. The final two
papers focus on security and the
Southern Ocean and explore issues connected to
maritime security and vessel safety (J. Jabour) and marine scientific research
(K.
Scott).
The second special section is devoted to a selection of papers
from a colloquium on the crime of aggression held in the School of
Law,
University of Canterbury, in July 2009. The event was held in anticipation of
the increased focus on the crime in the run up
to the Review Conference of the
Rome Statute, to be held in Kampala in 2010. The aim of the day-long event was
twofold: to examine
the development in international law of a definition of the
crime of aggression for incorporation into the Rome Statute of the International
Criminal Court (to which New Zealand is a party); and to examine the domestic
application of the crime of aggression in New Zealand
law. The event was opened
by New Zealand’s Attorney General Chris Finlayson. The papers collected
here include the following
with a broader international focus: Neil
Boister’s focus on the application of the crime by New Zealand in the
Tokyo Trial
in 1946-8, James Potter’s paper on the threshold of the
proposed definition of the crime of aggression and Netta Goussac’s
discussion of territoriality and the aggression under ICC. The papers focussing
on the domestic application of the crime include
Sascha Mueller’s paper on
the domestic crime of aggression in German law and Kennedy Graham’s on the
evolution of his
Bill for the application of the crime of aggression in New
Zealand law.
The general articles also cover these two topics. We pursue the
international criminal law theme with an article by Roger Clark in
which he
examines the elements of crimes in early confirmation decisions of pre-trial
chambers of the ICC and Erica Leaney in which
she examines the threats to fair
trial rights offered by assignment of counsel to indigent accused in the ICTR.
We revert to Antarctic
matters with Alan D. Hemmings and Tim Stephens piece on
the implications of sub-Antarctic continental shelf claims which extend into
the
Antarctic Treaty Area.
The ‘Year–in-Review’ of New Zealand
state practice during the calendar year 2008 in selected areas of international
law pursues the focus of the Yearbook on New Zealand’s role in
contemporary international law. The topics selected include:
international
human rights law; indigenous peoples rights under international law;
international humanitarian law; international
criminal law; international
environmental law; law of the sea and fisheries; the Antarctic Treaty System;
international economic
law; nuclear weapons, non-proliferation and international
security. Each of the commentators provides a short overview of, and brief
comment on, relevant New Zealand state practice as well as a discussion of
developments within these areas of interest to New Zealand.
The dedicated
section on the South Pacific includes a piece by Tony Angelo on the Pacific
Islands Forum and one by Brenda Heather-Latu
on developments around the South
Pacific. We are very grateful to Brenda for stepping into the late Bob
Hughes’ role in this
regard.
Mark Gobbi submitted his report on Treaty
Action and Implementation some time ago; our apologies for taking so long in
getting it
into print!
Chris Gallavin, a member of our Editorial Board, has
once again, arranged the book reviews in this volume.
We wish to thank again
those academics, practitioners and government officials throughout New Zealand
that have supported the establishment
and continued development of this
publication. The Yearbook exists to serve the interests of the community
with an interest in international law, both in New Zealand, and globally. A
special
welcome must be extended to our new student editor, Josie Toop, and our
new copy editor, Heather Couch, and we must thank Anna Homan
for her exacting
performance of these functions in the last three volumes.
Neil Boister Karen Scott
General Editor Associate Editor
December
2009
NZLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.nzlii.org/nz/journals/NZYbkIntLaw/2008/16.html