New Zealand Yearbook of International Law
|
|
Home
| Databases
| WorldLII
| Search
| Feedback
New Zealand Yearbook of International Law |
|
Last Updated: 9 February 2019
BOOK REVIEWS
Title: International Criminal Law
Edition:
3rd
Publisher: Martinus Nijhoff
Year: 2008
Pages:
xl + 1086 (Volume 1) + 602 (Volume II) + 713 (Volume III)
ISBN-10:
978-90-04-16533-5
Editor: M. Cherif Bassiouni
This, the
third edition of Professor Cherif Bassiouni’s pioneering collection of
works on International Criminal Law which was
first published in 1986,
reemphasises its dominance in the field. Indeed, it is now so comprehensive that
it has almost become encyclopaedic
in dimensions. At approaching two and a half
thousand pages, it is hard to conceive how one could read it cover to cover, as
a book,
rather than dip into it, and I have to confess I have taken the latter
course.
The collection is again presented as a set of three volumes. The
first is devoted to ‘Sources, Subjects, and Contents’
and discusses
criminalization and the international crimes, the second to ‘Multilateral
and Bilateral Enforcement Mechanisms’,
which discusses the various modes
of international cooperation, and the third to ‘International
Enforcement’, which focuses
on the international tribunals. The three
volumes contain in total detailed discussion of 81 separate topics written by 55
specialist
authors and nearly all are entirely new.
Volume I begins with a
very useful piece by Bassiouni himself, in which he maps the boundaries of what
he refers to as the ‘bits
and pieces’ (p18) that makes up
international criminal law. It provides a way for Bassiouni to marshal the
material into a
semblance of order, which appears to be the main goal of the
collection, and for the reader to orientate themselves with regard to
the
material contained in the rest of the collection. The second part of this
chapter is devoted to the subjects of international
criminal law, and the
author’s sweep is broad examining individuals, legal entities, states and
so forth. Chapter two contains
two pieces, a detailed discussion of the
principle of legality by Bassiouni which attempts to tie down the role of
discretion in
international criminal law making, and a thoughtful discussion of
the doctrinal foundations of international criminalization by Robert
Cryer. In
my view we cannot have enough of this kind of thing, because the discipline is
long on discussion of cases and principles
and short on grand theory. In chapter
three Bassiouni looks at the crimes himself, providing the only comprehensive
listing of all
the various treaties that make up the substantive crimes. In
chapter four the book turns to the crimes themselves. They are ranked
from most
to least harmful based on their harm to international values. Thus, starting
with aggression, we descend in copious detail
through each of the core crimes
– war crimes, genocide and crimes against humanity with some topics being
split into a number
of articles. The method adopted is largely historical.
Sometimes the general normative framework is set out, sometimes the more
specific
penal aspects are dealt with. There is some repetition –
Bassiouni’s Chapter 4.1, which introduces International Humanitarian
Law,
might usefully have been combined with his closing Chapter 4.8 on the normative
framework of IHL. Chapter six deals with crimes
against fundamental human rights
(which are by implication distinct from the earlier core crimes) and runs
through prohibitions on
slavery, apartheid, torture and attacks on civilians.
Chapter seven discusses ‘terror-violence’ where the interests
protected
include those of states and the international community. It begins
with a general introduction by Bassiouni and then breaks down
into
hostage-taking, financing, piracy, and civil aviation. Some of these crimes
appear to be awkwardly categorised. Why, for example,
is attacks on civilians
(basically terrorism) in chapter five and not chapter six, and why is piracy
lumped in under terror violence?
Chapter six deals with the crimes which tend to
be neglected in the literature – those dealing with the protection of
social
interests. The drug control system is dealt with, as are transnational
organised crime, corruption, protection of cultural property
and environmental
crimes. The various articles in this chapter describe institutional systems as
much as the crimes themselves.
Volume II is devoted to enforcement
mechanisms and thus is a treasure trove of what is for many (other than the
professionals who
work in the enforcement system) arcane material. Bassiouni
discusses the various modalities examined in the opening article of chapter
one.
He makes the point that whether the system is direct (through international
judicial institutions) or indirect (through national
institutions), the
modalities remain essentially the same; only the source of obligation changes
(p3). Yet most of the modalities
he then goes on to examine are recognisable as
part of the indirect system which suggests how important national law is to
international
criminal law. The opening chapter also discusses the aut dedere
aut judicare principle. Plugging a crucial gap, the chapter includes
articles on
the legality and legitimacy of the globalisation of law enforcement mechanisms
by Ziccardi and Nino (which unfortunately
is overly preoccupied with suppression
of terrorism) and increased cooperation of law enforcement with intelligence
agencies after
9/11 by Becker. Then it shifts to more doctrinal business.
Chapter two deals with the fundamental issue of jurisdiction, and for
me,
Blakesly’s treatment of extraterritorial jurisdiction is one of the
highpoints of the whole collection because it is so
comprehensive. It is joined
by articles on universal jurisdiction and equally important the problem of
competing and overlapping
jurisdictions and a comparatively short piece on
immunities. The chapter concludes with a short piece on the EU and Schengen.
Chapter
three then shifts attention to the equally central doctrine of
extradition. The approach here is to look at different state practice,
first US
and then European. It concludes with a short commentary on the UN Model Treaty
on Extradition. Much is obviously omitted
here but one wonders just how large
such a collection can become? Chapter four examines judicial and mutual legal
assistance. Again
the approach is national/regional with the US MLATs examined
first, then the UN Draft Model Law. Prost’s examination of the
Commonwealth system is another highlight, and should be of interest to all
readers of this Yearbook. It is followed by an examination
of the European
system and the different models that are used in Europe and finally a European
perspective on cooperation in respect
of terrorism. The final chapter, chapter
five, deals with the neglected subject of recognition of foreign penal
judgments, beginning
with an introductory piece by Bassiouni who highlights the
European system’s development of the doctrine, and then introductory
pieces on transfer of proceedings and a special piece on Lockerbie, and an
introductory piece on the transfer of prisoners. The last
piece looks at US
practice on execution of foreign sentences.
Volume III turns to what is for
most students of international criminal law is more familiar territory: direct
international enforcement
of international criminal law. It is a very difficult
subject to cover in just one volume and the collection takes a selective
approach.
Chapter one looks at the history focussing on the need for
accountability. Chapter two examines the various international tribunals
in
separate articles: Yugoslavia, Rwanda, the ICC, and after an introduction to the
mixed models, Sierra Leone, Cambodia and East
Timor. National prosecution gets
equal treatment with general pieces, an overview, and the separate pieces on The
French, Belgian,
Dutch, Timor, and US Practice. Chapter four, which is far
bulkier, looks at various issues of substantive and procedural law that
have
become prominent in the direct system: command responsibility, joint criminal
enterprise and the responsibility of peacekeepers.
Bohlander’s treatment
of the judicial development of the general part of international criminal law is
another highlight as
it shows how international criminal law is building a
coherent system of transferable general principles and thus is becoming
self-consciously
systematic. The list continues with ne bis in idem, plea
bargains, a disappointingly short treatment of evidence and two pieces on
sentencing, followed by a piece on victim’s rights.
Such a long work is
bound to throw up typographical errors and they are present along with rather
irritating font changes in footnotes.
The absence of a unifying general index is
a more critical lapse in such a comprehensive work.
No library on
international criminal law could reasonably omit this collection. One wonders,
however, how long it can survive as a
set of separate long pieces before it
becomes too unwieldy – the pressure to move towards an encyclopaedia
format must be strong.
However, the collection expresses Bassiouni’s view
that there is a broad all encompassing system of international criminal
law and
the third edition goes a long way towards substantiating that view.
Neil Boister
University of Canterbury
Title: Human Rights in the South Pacific: Challenges and
Changes
Publisher: Routledge-Cavendish
Year:
2009
Pages: xxv + 337
ISBN-10: 1-84472-109-4
(hbk)
Author: Sue Farran
In this book, Sue Farran looks at
the challenges facing effective protection and promotion of human rights in 16
island countries
and territories of the South West Pacific – Cook Islands,
Federated States of Micronesia, Fiji Islands, Kiribati, Marshall
Islands, Nauru,
Niue, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands,
Tokelau, Tonga, Tuvalu and Vanuatu. The
aim of the book (p 6) is to consider the
present state of human rights in Pacific island countries, taking into account
the challenges
that have to be confronted and the changes that have occurred in
taking rights forward in the region.
The subject matter of the book is
important with a number of human rights issues currently on the agenda in the
region. The Fiji Islands
spring immediately to mind with human rights (and
democracy) challenges continually arising under the military regime. Along with
Fiji, the Solomon Islands and Tonga have also experienced periods of civil
unrest in recent times. Throughout the region, women and
children struggle on a
daily basis to fully realise their human rights, particularly the right to live
free from violence. Poverty
and the right to live in dignity are also common
challenges. As Farran notes (p 301), Pacific Island countries appear to be
uneasily
suspended between local and global cultural structures, with the
consequence that human rights law has struggled to find a firm footing
in the
region.
Rather than a chapter on each country or each human right, the book
is divided into thematic chapters. The first three chapters set
the scene.
Chapter One introduces the diversity and complexity of the region. Chapter Two
considers the distinctive quality of rights
as human rights and the various
sources of law which are relevant to shaping and securing rights in the plural
legal systems of Pacific
island countries and territories. Chapter Three
considers the theoretical hurdles to effective protection of human rights, and
discusses
the universalism/relativism debate in the Pacific context.
The next
three chapters consider three particular human rights in some detail. Chapter
Four looks explicitly at the right to property,
including three particular forms
of property – land, intellectual property and the ocean. The tensions
between group rights
and individual rights, and the pressures of development in
island countries with limited resources are also considered. Choosing
this right
as the first for more detailed consideration is significant. The right to
property is left out of many international and
domestic human rights
instruments, but as illustrated in this chapter, is of key importance in the
Pacific given the close links
to the land and resources. Chapter Five focuses on
the right to equality, and looks in depth at the tensions between custom and
human
rights, with particular focus on the rights of women. It grapples with the
big question of the extent to which a liberal approach
to diverse cultures means
that illiberal cultural practices should be tolerated. Chapter Six looks at the
right to be free from discrimination
on a number of grounds, particularly sexual
orientation, ethnicity and religion. It also raises the interesting question of
whether
the people(s) of the Pacific are themselves victims of discrimination
and so should be afforded special protection in some way. This
involves
discussion of the rights of minorities and the rights of indigenous peoples.
The final two chapters consider institutions, structures and future
directions. Chapter Seven considers rights advocacy and enforcement,
looking at
the roles played by various actors including legislative assemblies, courts,
civil society, the ombudsman, human rights
commissions, and regional
organisations. Chapter Eight concludes with speculation on the way forward.
Future developments foreshadowed
include a possible regional human rights
mechanism, and the need to further bridge the gap between Pacific and
international perceptions
of rights. Perhaps the most interesting part of the
book is Farran’s subsequent three-page conclusion (pp 303-305) in which
she expresses some “personal views” on the future of human rights in
the region. Of particular note in this section is
her caution that there may not
be sufficient cultural or linguistic consensus on what rights Pacific islanders
as a group truly value.
And, intriguingly, given the absence of any substantive
discussion, Farran singles out the freedom to give and receive information
as
the one human right above all others which is important for the region.
Sue
Farran is currently a Senior Lecturer at the School of Law, University of
Dundee, Scotland and was previously an Associate Professor
at the University of
the South Pacific, Emalus Campus, Vanuatu. This book draws heavily on
Farran’s experiences living and
working in the Pacific. As she herself
notes (p viii), the lens through which the issues are viewed is that of a white,
female, non-Pacific
islander. That said, Farran does an excellent job of
canvassing a wide range of perspectives and avoiding diatribe.
The book is
well-researched with a lot of detailed country examples to support the
assertions made. Many chapters contain discussions
of relevant case law. The
text itself is also complemented by a useful table of cases (in alphabetical
order) and a legislation table
(grouped by country). The bibliography is lengthy
indicating the huge range and depth of sources. Although much work has recently
been done to consolidate legal resources in the region (for example the PACLII
database, available at www.paclii.org), many are still
scattered and difficult
to find. This book locates in one place a number of very useful human rights
resources and references.
Just one or two quibbles. In terms of content, an
additional chapter on one of the economic and social rights (such as right to an
adequate standard of living) would have nicely complemented the three chapters
on the right to property, the right to equality and
the right to be free from
discrimination. As for style, the editor has struggled with some of the Pacific
language, with Samoan matai
being rendered “matia” and Niue becoming
“Nuie.” Data tables have also not fared well, with a number of
formatting
problems.
This book will be of interest to anyone working in the
South West Pacific region. It will be of particular use to those working in
the
broader human rights and democracy areas including students, academics, judges,
diplomats, policy makers and politicians, civil
society representatives and
international aid workers. It is useful both as a reference work and also as
offering some scholarly
consideration of the underlying thorny questions in
human rights. It will also have a broader appeal to those working in human
rights
in other parts of the world, as it contains a number of interesting
reflections on the challenges faced by post-colonial small island
states in
giving effect to internationally accepted human rights standards while retaining
their unique cultural identity.
Overall, Farran makes a highly constructive
contribution to the field of human rights in the Pacific. The book contains
some very
useful insights on a number of issues likely to be of future focus in
the region. The book also succeeds in locating the human rights
concerns of
Pacific islanders within the wider theoretical and international domain while at
the same time maintaining a focus on
the importance of the unique identity of
Pacific island nations and people. Farran’s book is accessible,
thought-provoking,
well-researched, and serves as much more than a textbook of
the human rights landscape in the South West Pacific.
Natalie Baird
University of Canterbury
Title: Common Law of International Organizations
Publisher:
Martinus Nijhoff
Year: 2008
Pages: xxvi +
606
ISBN-10: 90 04 16699 8
Author: Finn
Seyersted
The law of international organisations of states, or
intergovernmental organisations, has enjoyed much popularity in legal
literature;
law libraries are filled with literature regarding the law governing
particular organisations or groups of organisations. Other books
and articles
concern themselves with specific problems regarding intergovernmental
organisations. However, despite the number of
intergovernmental organisations
exceeding state actors by tens of thousands, the law between states has been
thoroughly scrutinised,
while there exist few books, if any, which sufficiently
survey the law that all intergovernmental organisations have in common. In
such
a global context, comparative studies of only certain organisations cannot
adequately cover the law of all intergovernmental
organisations. For that
reason, it is enlightening to read Finn Seyersted’s Common Law of
International Organizations. It is not merely a collection of analyses of
constitutional instruments, but a compilation of the customary law applying to
all
intergovernmental organisations (notably, non-governmental organisations are
not included in this work). Consequently, it may be
the only authoritative text
in this area which approaches the topic from such a global, all-encompassing
angle.
Before joining the University of Oslo, Seyersted worked many years for
the Norwegian Ministry of Foreign Affairs and was, in this
role, involved with
many international organisations, e.g. as the first deputy permanent
representative of Norway to the UN. This
hands-on experience and his preference
for the Scandinavian school of legal realism strongly influenced his practical
academic stance
as well as this book. According to Torfinn Rislaa Arntsen, who
completed this work after Seyersted passed away in late 2006, he is
noted for
having maintained that ‘any legal theory that cannot conform to law in
practice is of questionable value.’
Accordingly, Seyersted does not dwell
extensively on theoretical issues of the nature of the law of intergovernmental
organisations,
but seeks to find the practical commonalities between such
organisations. Instead of working upwards from the smallest unit in the
legal
framework – the individual organisations themselves – he approaches
the matter globally. Indeed, the former approach
is his most prominent
contention with current literature on this topic. Large parts of the
introductory part are devoted to his major
criticism that legal scholars –
particularly from European and Latin American Roman Law countries, but also from
Anglo-Saxon
and Scandinavian jurisdictions – define as their basic point
of departure that all law surrounding intergovernmental organisations
must be
derived from their respective constitutional instruments. This method, according
to Seyersted, is highly theoretical and
neglects the practical reality of the
lack of provisions contained in such instruments, and the customary law that has
developed
to accommodate this deficiency. Most constitutional instruments deal
mainly with constituting internal matters of an organisation,
which are only
certain aspects of the internal law governing intergovernmental organisations.
In addition, constitutions are generally
hardly concerned with external
interactions of the organisation. Therefore, in order to harmonise their point
of departure with practical
reality, scholars tend to interpret implied powers
into constitutions that enable organisations to act beyond the limited scope of
their constituting provisions. Yet, these implied powers are only ever called
upon when needed, in such an arbitrary and undefined
manner that, according to
the author, no legal theory could emerge as to the relevant rules that govern
intergovernmental organisations.
Seyersted submits that instead of relying on
fictitious implied powers, the study of customary law surrounding
intergovernmental
organisations reveals inherent powers, powers that exist
independently of constitutional provisions. The study of these inherent
powers,
as well as of non-inherent but delegated powers, enables the author to develop a
consistent picture of the law of international
organisations.
Consequently,
the book offers an analysis of the customary law that has evolved from the
actions and interactions of intergovernmental
organisations, and identifies both
the powers that are inherent to all intergovernmental organisations as well as
those that have
to be delegated explicitly. That is the law, which Seyersted
considers the common law of international organisations, common both
in the
literal as well as the binding sense of the word.
Having established the
purpose and general framework of the book in the introductory chapter, Seyersted
devotes one part of the book
to each of the categories of law that govern
intergovernmental organisations. He distinguishes between the internal law
governing
the relations between organs, officials and members of an
intergovernmental organisation, the external law governing the relation
of
intergovernmental organisations with public international law, and the external
law governing the relations of a private law nature
between intergovernmental
organisations and both public and private entities.
Throughout the different
areas of law which the book discusses, Seyersted’s main contention –
the importance of the distinction
between inherent and delegated powers as
opposed to powers implied by constituting instruments – consistently
resurfaces. Part
two of the book deals with the internal law of
intergovernmental organisations. It first investigates the inherent powers
intergovernmental
organisations have over their organs and officials and then
looks at delegated powers only certain organisations enjoy. It also looks
into
internal dispute resolution and how internal courts of intergovernmental
organisations relate to external or international courts.
In this part the
extent of Seyersted’s practical approach to the matter becomes apparent.
Not only is the law developed from
practice to theory, but the choice of
discussion topics attests to the focus on practical issues when Seyersted spends
an interesting
half-chapter on inherent powers on the employment relationship
between the organisation and its officials. In part three, the book
explores how
the intergovernmental organisation and its members relate to public
international law. This includes the question of
who is, actually, the subject
of rights and duties of international law. Moreover, who is responsible for the
actions of intergovernmental
organisations? As in the second part of the book,
Seyersted continues to distinguish between inherent and delegated powers to
determine
the answers to these questions. Finally, the fourth part of the book
discusses the relations of intergovernmental organisations with
private parties.
It is both a theoretical and practical disquisition on the matter of conflict of
laws as it examines the relationship
between the law of intergovernmental
organisations and national law. Not only does Seyersted discuss the general
principles of conflict
of laws against the backdrop of intergovernmental
organisations, he also provides valuable insights into practical matters, such
as the practice when there are no conflict provisions in national
statutes.
Overall, Common Law of International Organizations offers a
unique view on the structure and legality of intergovernmental organisations. It
is well-researched and owing to its practical
approach to the topic will be a
valuable asset to both intergovernmental organisations and governmental
institutions, as well as
to international law teachers and scholars alike.
Sascha Mueller
University of Canterbury
Title: ‘No Time for Legal Niceties’? Terrorism, War and
International Law
Publisher: Ashgate
Year:
2009
Pages: 294
ISBN:
978-0-7546-7403-0
Author: Myra Williamson
The central
challenge before policy-makers today is to ensure that the UN Charter, born of
the 20th century, fits the security realities
of the 21st. Myra Williamson
explores the most difficult test-case of its kind – the international
community’s response
to the Afghanistan situation. In short, she does a
good job at it.
Williamson’s objective is to examine international law
pertaining to the use of force by states, in general, and their use of
force in
self-defence, in particular. The main question addressed is whether the US, UK
and their allies employed force lawfully
against Al Qaeda, Taliban and the State
of Afghanistan on 7 October 2001. After meticulous research and rigorous, not
to say parsed,
reasoning, she concludes that the use of force in Afghanistan was
unlawful, something that is not only reprehensible but is fraught
with dangerous
implications for the future peace and security of the world.
The book is well
structured (subject to comment below), with a logical progression of thought,
from a review of the changing nature
of armed conflict, through a definitional
analysis of ‘terrorism’, to the historical evolution on the
limitation of force
in the modern age (1919-44 and 1945 -2008). It is in light
of that broader context that the analysis specifically of the Afghanistan
case
of 2001 is undertaken.
Williamson’s critique of the unlawfulness of
the military operation of October 2001 rests on five arguments, stylistically
reflecting
courtroom reasoning:
This is plausible
argumentation, certainly backed up with extensive references. Yet there is room
to wonder whether the author’s
analysis is deep rather than wide, to a
fault. A dual critique, perhaps, can be advanced of the work – that in
both a temporal
and a political sense, its focus could to useful effect have
been broader.
Williamson’s temporal focus is solely on a two-month
period of September-October 2001. In disregarding the ensuing 12-month
period
thereafter, the analysis misses the broader context of UN action on Afghanistan
of 2002, even November-December 2001.
It can, of course, be argued that, if
an action is illegal under international law on 7 October, then it is forever
illegal. Yet the
author acknowledges, with apparent sanguinity, the Security
Council’s retroactive approval of force in the ECOMOG case in West
Africa.
It follows that there might be a possibility of retroactive Council approval of
the October Afghanistan operation.
This raises, surely, the more central
point of the Afghanistan legality issue – the relationship between
Operation Enduring Freedom and ISAF, hardly touched upon in the book.
Because, if the invasion and regime change were justified in the name of
collective (not individual) self-defence, then no authorising
resolution is
required – simply ex post notification to the Security Council.
Yet the Council is empowered – a power it has exercised on occasion in the
past - to
rejecting the rationale for an armed action. But even if the
self-defence action was deemed legal, the right lapses once the Council
has
taken measures to restore peace and security.
There is probably a stronger
case that such a right to self-defence lapsed, not with resolution 1373 (which
issued directives for
financial measures), but with resolution 1386 (which
established the military stabilization force, ISAF).
Either way, whether it
is in September or December 2001, the right to continue with armed force in the
name of collective self-defence
lapsed shortly after the 9/11 events. Yet, as
Williamson observes, OEF continues to this day, some 8 years later. Not once
has
the Security Council specifically authorised OEF during that time,
contenting itself with worried exhortations for ISAF and OEF to
coordinate.
Secondly, Williamson’s political focus is two-fold. She discusses,
with some insight, the choice between ‘updating’
an obsolescent
Charter that is allegedly failing the changed security realities of our changed
times. The US-Australian-Israeli
lament that the new scourge of global
terrorism has outpaced and out-finessed a lumbering mid-20th century document is
trenchantly
dismissed as unduly self-serving, and the Charter is reaffirmed as a
living document.
In fact, a broader and more refined series of choices is
before us. In short:
The choice between
these theoretical scenarios is fundamental to our future. But in the real
world, the fact that Obama’s USA
has effectively repudiated Iraq but
endorsed Afghanistan gives us strong insight into which it will be.
Notwithstanding these comments, Williamson’s book is an excellent one
and certainly a more gripping read than any newspaper
or journalistic foray into
the subject. For she addresses, without compromise, the interface between power
and law in today’s
world as the Westphalian system of sovereign states
cedes to the reach of international law and to global opinion. The latter
includes
opinio juris, which is hesitantly yet resolutely applying
criminal law ever more strongly at the international level.
Little reference
is made in the book to New Zealand, and it would have given added value at least
for New Zealand readership if a
separate chapter had explored our own
involvement in Afghanistan. For we are not ourselves without blemish.
There
is a strong tendency in this country still to see ourselves as tied to the
Western military alliance in a post-colonial way.
In times past, we fell over
ourselves in our haste to join a foreign adventure (1898) or assured the Mother
Country that where Britain
went, we went (1919, 1939, 1956). To a large extent
we transferred that to the USA in Vietnam (1965) and Afghanistan itself (2001).
Participation by smaller nations in alliances led by major powers offers them
the alluring siren call of self-exculpation from moral
or legal accountability.
Just do it, as the saying goes.
While New Zealand remained outside the
blatant illegalities of the ’03 Iraq invasion, our peripheral engagement
in Suez in 1956
constituted a violation of the UN Charter, and our SAS
engagement in Operation Enduring Freedom from ’01 to ’05
connects us directly to the central focus of Williamson’s book – the
legality or illegality
of the counter-terrorism operation.
We are small, yet
to the extent we choose to connect operationally with the major powers, we, too,
assume independent national liability
for what we do.
Kennedy Graham
Member of Parliament
(Green)
NZLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.nzlii.org/nz/journals/NZYbkIntLaw/2008/35.html