Gobbi, Mark --- "Treaty Action and Implementation" [2011] NZYbkIntLaw 18; (2011) 9 New Zealand Yearbook of International Law 351

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This article documents governmental activity undertaken to implement New Zealand’s international obligations during the current interval.1 It concludes that the level of activity in the current interval, relative to the previous interval,2 has decreased for the parliamentary, executive and judicial branches of government. This overview summarises that activity and compares it with the activity undertaken during the previous interval.

During the current interval, Parliament enacted 25 bills with implications for New Zealand’s international obligations. Sixteen simply amended Acts that had implemented treaties, six improved compliance with treaties that had already been implemented and three implemented three new agreements. Twenty-one of these Acts involved multilateral agreements, three involved bilateral agreements and one involved a set of recommendations.

In terms of Acts, this level of activity is less than the previous interval. During the previous interval, Parliament enacted 39 bills with implications for New Zealand’s international obligations. Twenty-six simply amended Acts that had implemented treaties, six improved compliance with treaties that had already been implemented and seven implemented six new agreements. Thirty-seven of these Acts involved multilateral agreements, one involved a bilateral agreement and one involved a set of recommendations.3

During the current interval, the House of Representatives considered nine select committee reports on treaties (13 agreements in total). Three of these reports gave a positive pro forma response to the treaty examined (that is, “no matters to bring to the attention of the House”). Public submissions did not feature in these reports. Six reports brought matters to the attention of the House. Public submissions featured in two of these reports and none warranted a Government response.

In terms of reports, this level of activity is less than during the previous interval (15 fewer reports). In terms of agreements examined, this level of activity is also less than during the previous interval (18 fewer agreements). During the previous interval, the House of Representatives considered 24 select committee reports on treaties (31 agreements in all). Sixteen of these reports gave a positive pro forma response to the treaty examined (that is, “no matters to bring to the attention of the House”). Public submissions did not feature in these reports. Eight reports brought matters to the attention of the House. Public submissions featured in three of these reports and none warranted a Government response.4

During the current interval, the Executive made 32 regulations relevant to New Zealand’s international obligations. Seven of these regulations implemented bilateral agreements, while the remaining 25 implemented multilateral agreements (although many of these dealt with the requirements of the same multilateral agreement). Eighteen dealt with environmental agreements, five implemented bilateral tax agreements, three dealt with trade, two implemented United Nations Security Council resolutions, two dealt with immigration, one concerned civil aviation and one dealt with recommendations regarding money-laundering.

This level of activity is less than during the previous interval. During the previous interval, the Executive made 57 regulations relevant to New Zealand’s international obligations. Sixteen of these regulations implemented bilateral agreements, while the remaining 41 implemented multilateral agreements (although many of these dealt with the requirements of the same multilateral agreement). Sixteen implemented bilateral tax agreements, 14 dealt with environmental agreements, nine dealt with trade, eight dealt with civil aviation, five implemented diplomacy obligations, three implemented United Nations Security Council resolutions and two concerned the incorporation of foreign national standards.5

During the current interval, the Executive was involved in 60 treaty actions with respect to six multilateral agreements and 34 bilateral agreements. The Executive adhered to all six of the multilateral agreements. Four came into force. Of the 34 bilateral agreements, the Executive signed 16 and adhered to 16. Eight came into force.

This level of activity is less than the level of activity that took place during the previous interval. During the previous interval, the Executive was involved in 69 treaty actions with respect to eight multilateral agreements and 48 bilateral agreements. Of the eight multilateral agreements, the Executive signed two and adhered to six. Four came into force. Of the 48 bilateral agreements, the Executive signed 39 and adhered to 10. Eight came into force.6

New Zealand is required to provide periodic reports to the United Nations regarding its compliance with the following human rights treaties: the International Covenant on Civil and Political Rights,7 the International Covenant on Economic, Social and Cultural Rights,8 the International Convention on the Elimination of All Forms of Racial Discrimination,9 the Convention on the Elimination of All Forms of Discrimination against Women,10 the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,11 the Convention on the Rights of the Child12 and the Convention on the Rights of Persons with Disabilities.13

During the current interval, the Executive submitted New Zealand’s response to the Human Rights Committee’s concluding observations on New Zealand’s fifth periodic report in respect of the International Covenant on Civil and Political Rights.14 The Committee on Economic, Social and Cultural Rights issued New Zealand a list of issues regarding New Zealand’s third periodic report in respect of the International Covenant on Economic, Social and Cultural Rights.15 The Committee on Elimination of Discrimination against Women issued New Zealand a list of issues regarding New Zealand’s seventh periodic report in respect of the Convention on the Elimination of All Forms of Discrimination against Women.16 The Committee on the Rights of the Child published its concluding observations in respect of New Zealand’s third and fourth periodic reports on Convention on the Rights of the Child.17

In terms of periodic reports, this level of activity is less than the level of activity that took place during the previous interval. During the previous interval, the Executive submitted one periodic report to the United Nations.18

During the current interval, the judiciary delivered 88 judgments that referenced New Zealand’s international obligations. Sixteen of these judgments were reported in the New Zealand Law Report series; the Supreme Court delivered seven, the Court of Appeal delivered six and the High Court delivered three. Fourteen were reported in other series; the Court of Appeal delivered five, the High Court delivered four, the Family Court delivered four and the Human Rights Review Tribunal delivered one. Fifty-eight were unreported; the Supreme Court delivered two, the Court of Appeal delivered eight, the High Court delivered 25, the District Court delivered one and the Family Court delivered 22.

Of these 88 judgments, 26 dealt with custody matters, 11 with immigration, eight with crimes, seven with administrative law, six with civil procedure, five with criminal procedure, four with maintenance, three with human rights, two with bankruptcy, two with judicial review and two with arbitration. One dealt with contracts, one with constitutional law, one with habeas corpus, one with evidence, one with mental health, one with residential tenancy, one with resource management, one with torts, one with maritime law, one with parole, one with objectionable publications and one with summary judgment.

These 88 judgments referred to 27 different international instruments (one of which does not have New Zealand as a party), of which 26 are multilateral agreements and one is a model law. In total, these judgments have 121 references. In these cases, the most frequently cited international agreements are the International Covenant on Civil and Political Rights (29 references), the Convention on the Rights of the Child (26 references), the Convention on the Civil Aspects of International Child Abduction (10 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (10 references),19 the Convention relating to the Status of Refugees (6 references), the International Covenant on Economic, Social and Cultural Rights (5 references) and the Convention on the Recovery Abroad of Maintenance (4 references). Four other instruments are referenced three times, three others are referenced twice and thirteen others are referenced once.

In terms of the number of judgments delivered the level of activity was less than the activity that took place during the previous interval. In terms of the number of references to international instruments, the level of activity is slightly more (one more).20 During the previous interval, the judiciary delivered 103 judgments that referenced New Zealand’s international obligations. Twelve of these judgments were reported in the New Zealand Law Report series; the Supreme Court delivered four, the Court of Appeal delivered six and the High Court delivered two. Twenty-six were reported in other series; the Supreme Court delivered four, the Court of Appeal delivered eight, the High Court delivered three, the Family Court delivered 10 and the Refugee Status Appeals Authority delivered one. Sixty-five were unreported; the Supreme Court delivered one, the Court of Appeal delivered one, the High Court delivered 23, the District Court delivered three, the Family Court delivered 35, the Environment Court delivered one and the Sports Tribunal delivered one.

Of these 103 judgments, 49 dealt with custody matters, nine with immigration, nine with civil procedure, eight with extradition, six with criminal procedure, five with maintenance, five with contracts, two with accident compensation, two with crimes, two with evidence and two with environment matters. One dealt with taxation, one with torts, one with social security and one with sports doping.

These 103 judgments referred to 26 different international instruments (one of which does not have New Zealand as a party), of which three are bilateral agreements, 19 are multilateral agreements, one is a model law, one is a set of rules, one is a code and two are standards. In total, these judgments have 127 references. In these cases, the most frequently cited international agreements are the Convention on the Rights of the Child (29 references), the Convention on the Civil Aspects of International Child Abduction (22 references),21 the International Covenant on Civil and Political Rights (16 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (10 references), the Convention relating to the Status of Refugees (eight references),22 the extradition treaty between New Zealand and Poland (eight references),23 the Universal Declaration of Human Rights (5 references),24 the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (four references),25 the Convention on the Recovery Abroad of Maintenance (four references),26 the UNCITR AL Model Law on International Commercial Arbitration (four references)27 and the Geneva Convention Relative to the Treatment of Prisoners of War (two references).28 Fifteen other instruments are referenced once.

During the current interval, each of the three branches of government contributed to the implementation of New Zealand’s international obligations. The level of activity for the current interval decreased relative to the previous interval for Parliament, the Executive and the Judiciary. Nevertheless, international agreements continue to be an important source of law in New Zealand.

This Part sets out the treaty actions taken by the Executive during the current interval. It also sets out the reports on treaties that the Executive tabled in the House during the current interval.

Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia (adhered to on 28 March 2011)

Convention on the Conservation and Management of High Seas Fishery Resource in the South Pacific Ocean (adhered to on 1 June 2011)

Statute of the International Renewable Energy Agency (adhered to on 1 April 2011, entered into force on 1 May 2011)

Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment (adhered to on 20 July 2010, entered into force on 1 November 2010)

Convention on International Interests in Mobile Equipment (adhered to on 20 July 2010, entered into force on 1 November 2010)

Agreement on Audio-Visual Co-Productions between the Government of New Zealand and the Government of the Republic of India (signed on 28 June 2011)

Agreement between New Zealand and the Slovak Republic on a Working Holiday Scheme (signed on 14 June 2011)

Agreement in the Form of an Exchange of Letters between the European Union and New Zealand Pursuant to Article X XIV:6 and Article X XVIII of the General Agreement on Tariffs and Trade (GATT) 1994 Relating to Modification of Concessions in the Schedules of the Republic of Bulgaria and Romania in the Course of Their Accession to the European Union (signed on 28 April 2011)

Investment Protocol to the New Zealand – Australia Closer Economic Relations Trade Agreement (signed on 16 February 2011)

Exchange of Letters modifying the Working Holiday Scheme between the Government of New Zealand and the Government of the Argentine Republic (signed on 13 December 2010)

Exchange of Notes Amending the Agreement on a Working Holiday Scheme between the Government of New Zealand and the Oriental Republic of Uruguay (signed on 14 December 2010)

Protocol to the Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Czech Republic (signed on 25 November 2010)

Agreement between New Zealand and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (signed on 1 December 2010)

Agreement between New Zealand and the Swiss Confederation on Sanitary Measures Applicable to Trade in Live Animals and Animal Products (signed on 17 November 2010)

Agreement between the Government of New Zealand and the Government of Samoa for the Allocation of Taxing Rights with respect to Certain Individuals and to establish a Mutual Agreement Procedure in respect of Transfer Pricing Adjustments (signed on 24 August 2010)

Agreement between the Government of New Zealand and the Government of Samoa on the Exchange of Information with respect to Taxes (signed on 24 August 2010)

Agreement between the Government of New Zealand and the Government of the Republic of Vanuatu on the Exchange of Information with respect to Taxes (signed on 4 August 2010)

Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands for the Allocation of Taxing Rights with respect to Certain Income of Individuals and to establish a Mutual Agreement Procedure in respect of Transfer Pricing Adjustments (signed on 6 August 2010)

Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands on the Exchange of Information with respect to Taxes (signed on 6 August 2010)

Agreement between the Government of New Zealand and the Government of the Cook Islands concerning the Delimitation of the Maritime Boundaries between Tokelau and the Cook Islands (signed on 4 August 2010, adhered to on 3 December 2010)

Film Co-Production Agreement between the Government of New Zealand and the Government of the People’s Republic of China (signed on 7 July 2010; adhered to on 8 December 2010, entered into force on 31 January 2011)

Exchange of Letters New Zealand and Hong Kong, China constituting an agreement on the negotiation of an investment protocol (adhered to on2 December 2010, entered into force on 1 January 2011)

New Zealand – Hong Kong, China Environment Cooperation Agreement (adhered to on 2 December 2010, entered into force on 1 January 2011)

Memorandum of Understanding on Labour Cooperation between New Zealand and Hong Kong, China (adhered to on 2 December 2010, entered into force on 1 January 2011)

New Zealand – Hong Kong, China Closer Economic Partnership Agreement (adhered to on 2 December 2010, entered into force on 1 January 2011)

Exchange of Letters constituting an Amendment to the Agreement between New Zealand and Australia Concerning a Joint Food Standards System NZ (entered into force 6 July 2010)

Agreement between the Government of New Zealand and the Government of the United States of America on Science and Technology Cooperation Contributing to Domestic and External Security Capabilities (adhered to on 9 September 2010, entered into force on 9 September 2010)

New Zealand – Malaysia Agreement on Environmental Cooperation (adhered to on 28 July 2010, entered into force on 11 August 2010)

New Zealand – Malaysia Free Trade Agreement (adhered to on 21 July 2010, entered into force on 1 August 2010)

New Zealand – Malaysia Agreement on Labour Cooperation (adhered to on 21 July 2010, entered into force on 29 July 2010)

Agreement between the Government of New Zealand and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (with Protocol) (adhered to on 21 July 2010, entered into force on 12 August 2010)

Agreement between the Government of New Zealand and the Government of the Isle of Man for the Allocation of Taxing Rights with Respect to Certain Income of Individuals and to establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments (adhered to on 27 July 2010, entered into force on 27 July 2010)

Agreement between the Government of New Zealand and the Government of the Isle of Man on the Exchange of Information with Respect to Taxes (adhered to on 27 July 2010, entered into force on 27 July 2010)

Agreement between the Government of New Zealand and the Government of Jersey for the Exchange of Information with Respect to Taxes (adhered to on 22 October 2010, entered into force on 27 October 2010)

Agreement between the Government of New Zealand and the Government of Jersey for the Allocation of Taxing Rights with Respect to Certain Income of Individuals and to establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments (adhered to on 22 October 2010, entered into force on 27 October 2010)

Agreement between the Government of New Zealand and the States of Guernsey for the Exchange of Information with Respect to Taxes and the Allocation of Taxing Rights with Respect to Certain Income of Individuals (adhered to on 8 November 2010, entered into force on 8 November 2010)

Protocol Amending the Convention between New Zealand and the United States for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (entered into force on 12 November 2010)

World Wine Trade Group Agreement on Requirements for Wine Labelling (entered into force on 1 July 2010)

Agreement between the Government of New Zealand and the Government of the Italian Republic regarding the employment of co-habiting dependants of diplomatic, consular and technical/administrative personnel (entered into force on 1 September 2010)

International Treaty Examination of the Statute of the International Renewable Energy Agency (IRENA); Commerce Committee (26 November 2010)

International Treaty Examination of the Agreement between the Government of New Zealand and the Government of the Cook Islands concerning the Delimitation of the Maritime Boundaries between Tokelau and the Cook Islands; Foreign Affairs, Defence and Trade Committee (15 October 2010)

International Treaty Examination of the Agreement between the Government of New Zealand and the Government of the Republic of Turkey for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income; Finance and Expenditure Committee (20 August 2010)

International Treaty Examination of the Protocol on Investment to the New Zealand – Australia Closer Economic Relations Trade Agreement; Foreign Affairs, Defence and Trade Committee (8 April 2011):

The Committee recommended that the schedule of reservations be expanded to clarify which sectors of the New Zealand economy are open for investment. The majority of the Committee supported the expeditious

passage of the legislation to bring into force the provisions of the Protocol. The minority did not support raising the threshold for screening Australian investments in New Zealand from $100 million to $477 million.

International Treaty Examination of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean; Foreign Affairs, Defence and Trade Committee (18 March 2011):

The Committee recommended that the Fisheries Act 1996 be amended to reflect international best practice in relation to the 1995 United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and the Food and Agriculture Organisation’s 1995 Code of Conduct, which requires a precautionary, eco-systems approach to the management of fish stocks. The Committee also recommended that New Zealand do more to assist Pacific Island countries in managing their exclusive economic zones and protecting their fishery resources.

International Treaty Examination of the Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia; Foreign Affairs, Defence and Trade Committee (26 November 2010):

The Committee recommended that the Government adopt the treaty as amended by the Third Protocol.

International Treaty Examination of the Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands on the Exchange of Information with respect to Taxes; the Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands for the Allocation of Taxing Rights with respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in respect of Transfer Pricing Adjustments; the Agreement between the Government of New Zealand and the Government of Samoa on the Exchange of Information with respect to Taxes; the Agreement between the Government of New Zealand and the Government of Samoa for the Allocation of Taxing Rights with respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in respect of Transfer Pricing Adjustments; and the Agreement between the Government of New Zealand and the Government of the Republic of Vanuatu on the Exchange of Information with respect to Taxes; Foreign Affairs, Defence and Trade Committee (22 October 2010) [covers five similar agreements]:

The Committee noted that tax information exchange agreements are special-purpose bilateral treaties that allow countries to exchange information to assist each other in the enforcement of tax laws on

request. Since 2004, New Zealand and Australia have made concerted efforts to conclude a number of tax information exchange agreements with other Pacific jurisdictions. These agreements between New Zealand and the Marshall Islands, Samoa and Vanuatu reflect the results of this effort. The tax information exchange agreements are reciprocal, in that they allow each party to the agreements to request information from the other. They do not impose any compliance costs on taxpayers and will not have any significant fiscal implications for New Zealand. The Committee recommended that the Executive proceed with its proposed treaty action.

International Treaty Examination of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children; Foreign Affairs, Defence and Trade Committee (presented 29 July 2010) [two submissions]:

The Committee outlined the purpose of the Convention and concluded that the Government should accede to the Convention at its earliest convenience. The Committee also described the reservation that New Zealand proposes to make to the Convention under art 55 of the Convention to preserve the jurisdiction of its authorities to take measures to protect a child’s property, particularly Māori land or other collectively held property.

International Treaty Examination of the Exchange of Letters Constituting an Agreement to Amend Article 3 (Rules of Origin) of the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) and of the Agreement to Amend the Product Specific Rules in Annex G of the ANZCERTA; Foreign Affairs, Defence and Trade Committee (presented 29 July 2010) [one submission; one heard]:

The Committee, after setting out the requisite background and discussing the relevant rules of origin (including their relationship to the Pacific Island countries and exporters), concluded that the rules of origins (as revised) would enhance trade and economic growth opportunities for New Zealand businesses in the trans-Tasman market.

This Part sets out the legislation dealt with during the current interval that concerns New Zealand’s international obligations. It is divided into two sections, the first listing the Acts that were enacted and the second listing the regulations that were made.

Acts of Parliament relating to New Zealand’s international obligations are identified as: (1) Acts amending legislation that has implemented treaties; (2) Acts improving compliance with treaties that have already been implemented; or (3) Acts implementing new treaty obligations.

This Act amends the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2004. Among other things, the amendments provide for transitional matters in relation to certain amendments made to the Fisheries Act 1996 (which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995)) and the Resource Management Act 1991 (which implements aspects of the Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971)), the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997).

This Act amends the Children, Young Persons and Their Families Act 1989, which implements the Arrangement between New Zealand and Australian States and Territories regarding the transfer of children subject to child protection orders (2000). The amendment alters the provision regarding payment to persons or organisations providing care.

This Act amends the Education Act 1989, which implements ILO Convention 10 (1921): Minimum Age (Agriculture), ILO Convention 58 (1936): Minimum Age (Sea), ILO Convention 59 (1937): Minimum Age (Industry), the Convention against Discrimination in Education (1960) and ILO Convention 122 (1964): Employment Policy. The amendments make changes to the rate of student allowances and how this is calculated.

This Act amends the Education Act 1989, which implements aspects of the ILO Convention 10 (1921): Minimum Age (Agriculture), ILO Convention 58 (1936): Minimum Age (Sea), ILO Convention 59 (1937): Minimum Age (Industry), the Convention against

Discrimination in Education (1960) and ILO Convention 122 (1964): Employment Policy. The amendments address student attendance, foreign students and secondary-tertiary programmes.

This Act amends the Employment Relations Act 2000 which implements the ILO Convention 11 (1921): Right of Association (Agriculture), ILO Convention 14 (1921): Weekly Rest (Industry), ILO Convention 22 (1926): Seamen’s Articles of Agreement, ILO Convention 32 (1932): Protection against Accidents (Dockers), ILO Convention 122 (1964): Employment Policy. The Act also incorporates the principles underlying ILO Convention 87 (1948): Freedom of Association and ILO Convention 98 (1949): Right to Organise and Bargain Collectively and aims to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment relationship. The Amendments make changes to union access to workplaces, communications with employees during collective bargaining and the personal grievance system. The purpose of the Act is to provide more flexibility, greater choice and ensure a balance of fairness for both employers and employees.

This Act amends the Employment Relations Act 2000, which implements the ILO Convention 11 (1921): Right of Association (Agriculture), ILO Convention 14 (1921): Weekly Rest (Industry), ILO Convention 22 (1926): Seamen’s Articles of Agreement, ILO Convention 32 (1932): Protection against Accidents (Dockers), ILO Convention 122 (1964): Employment Policy. The Act also incorporates the principles underlying ILO Convention 87 (1948): Freedom of Association and ILO Convention 98 (1949): Right to Organise and Bargain Collectively. The Amendments make changes so that workers involved with film production work will be independent contractors rather than employees, unless they choose to be employees by entering into an agreement that provides that they are employees.

This Act amends the Fisheries Act 1996, which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995). The amendments make changes to the procedure for aquaculture decisions, pre-request aquaculture agreements and the determination of compensation.

This Act amends the Hazardous Substances and New Organisms Act 1996, which implements the Convention on Persistent Organic Pollutants (2001). The amendments make a series of changes for the purpose of ensuring that the policy intent of the Hazardous Substances and New Organisms Act 1996 can be more efficiently and effectively achieved with minimum necessary compliance cost.

This Act amends the Imports and Exports (Restrictions) Act 1988, which implements aspects of the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (1995), the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998) and the Convention on Persistent Organic Pollutants (2001). The amendments make changes to application for Environmental Protection Authority permits.

This Act amends the Ozone Layer Protection Act 1996, which implements the Vienna Convention for the Protection of the Ozone Layer (1985) and the Montreal Protocol on Substances that Deplete the Ozone Layer (1987). The amendments make changes to applications for Environmental Protection Authority permits and exemptions.

This Act amends the Sentencing Act 2002, which implements aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendment adjusts the definition of instrument of crime.

This Act amends the Social Security Act 1964, which implements ILO Convention 44 (1934): Unemployment Provision, ILO Convention 122 (1964): Employment Policy, and the Convention on Social Security

between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1969). The amendments, which were divided from a Statutes Amendment Bill, adjust a number of cross-references and provisions regarding certain benefits.

This amends the Summary Proceedings Act 1957, which implements aspects of the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments, which were divided from a Statutes Amendment Bill, adjust a number of cross-references and update terminology.

This amends the Summary Proceedings Act 1957, which implements aspects of the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments provided that certain criminal processes are not to be held null or invalid in certain cases.

This Act amends the Trans-Tasman Mutual Recognition Act 1997, which implements an agreement between Australia and New Zealand regarding importing and exporting of goods between the two countries. The amendments make changes to Category 2 of Schedule 1 referring to the Plant Variety Rights Act 1987, which implements the International Convention for the Protection of New Varieties of Plants (1961).

This Act amends the Climate Change Response Act 2002, which implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The amendments, which were split out from the Environmental Protection Authority Bill, add provisions regarding the chief executive to the emissions

trading system established by the amendments to the Climate Change Response Act 2002 that were made by the Climate Change Response (Emissions Trading) Amendment Act 2008 and the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009.

Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010

This Act amends the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980, which implements the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973), the Convention against the Taking of Hostages (1979) and the Convention on the Safety of United Nations and Associated Personnel (1994). The amendments augment the definition of United Nations operation and change the long title of the principal Act to refer to the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel (1994).

This Act amends the Conservation Act 1987, which implements the Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971) and the Convention for the Protection of the World Cultural and Natural Heritage (1972). The amendments concern the use of hazardous substances to catch or destroy fish and to dogs causing serious injury to protected wildlife.

This Act amends the Privacy Act 1993 and the Adoption (Inter- country) Act 1997, which promotes and protects individual privacy in general accordance with the Recommendation of the Council of the Organisation for Economic Co-operation and Development Concerning Guidelines Governing the Protection of Privacy and Trans border Flows of Personal Data. The amendments remove the current restrictions on who may make an information privacy request, enable public sector agencies to charge for making personal information available to overseas foreign nationals, provide for the referral of cross- border complaints to the appropriate privacy enforcement authority and establish a mechanism for controlling the transfer of information outside New Zealand where the information has been routed through New Zealand to circumvent the privacy laws of the country from where the information originated.

This Act amends the Resource Management Act 1991, which implements the Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971), the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the

United Nations Framework Convention on Climate Change (1997). The amendments, which were split out from the Environmental Protection Authority Bill, add provisions regarding the chief executive to the emissions trading system established by the amendments to the Climate Change Response Act 2002 that were made by the Climate Change Response (Emissions Trading) Amendment Act 2008 and the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009.

Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver and Remedial Matters) Act 2010

This Act amends various Acts, including the Income Tax Act 2007. The amendments to Income Tax Act 2007 adjust provisions concerning the treatment of emissions units involved in the emissions trading scheme set out in the Climate Change Response Act 2002, which implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997).

This Act amends the Adoption Act 1955 and enables New Zealand to meet its international obligations under art 3(1)(a)(ii) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000) by creating a new offence prohibiting the improper inducement of consent for the adoption of a child.

Tariff (New Zealand-Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010

This Act implements an aspect of the New Zealand-Hong Kong, China Closer Economic Partnership Agreement (2010). The amendments make changes to the appropriate alphabetical order of preferential abbreviation.

This Act implements the Trans-Tasman Agreement (2008). The amendments streamline the process for resolving civil proceedings with a trans-Tasman element in order to reduce costs and improve efficiency and minimise existing impediments to enforcing certain Australian judgments and regulatory sanctions. This Act also amends ss 150 to 162 of the Evidence Act 2006, which relate to subpoenas issued in civil proceedings in New Zealand courts being served and complied with in Australia.

This section sets out the regulations made during the current interval that relate to New Zealand’s international obligations.32

Anti-Money Laundering and Countering Financing of Terrorism (Cross Border Transportation of Cash) Regulations 2010

This order is made under ss 70(a), (b) and (c), 153(c) and (j) and 154(1) (e) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. This Act adopts, where appropriate in the New Zealand context, recommendations issued by the Financial Action Task Force on Money Laundering (established 1989). In doing so, the Act aligns the following enactments: Crimes Act 1961, s 244(ba); Criminal Proceeds (Recovery) Act 2009, s 5(1); Customs and Excise Act 1996, ss 166A(b)(ii) and 166C(4)(ba); Financial Transactions Reporting Act 1996, ss 15(1)(b)(ia), 16(ab), 21(2)(ab), 22(1)(b)(ia), 24(1)(a)(ia), 28(da) and 56(1)(b); Misuse of Drugs Act 1975, s 12B(6)(ba); Mutual Assistance in Criminal Matters Act 1992, s 2(1); Reserve Bank of New Zealand Act 1989, ss 41 and 51(5) and (9); Terrorism Suppression Act 2002, s 44(1)(b), 44(1)(d)(ii), 44(2), 44(4), 44(5), 47(1)(b)(i), 47A(1)(a) (ia) and 47C(5), and Schedule 5. The regulations prescribe a single threshold value ($9,999.99), and its application for the purposes of the following sections of the Act, which require a report in respect of the movement of the cash concerned.

This order is made under s 91T(1)(c) of the Civil Aviation Act 1990. This order updates the text of the Montreal Convention set out in Schedule 6 of the Civil Aviation Act 1990 to reflect increases to certain liability limits specified in the Convention, which are expressed in Special Drawing Rights. A Special Drawing Right is a monetary unit established by the International Monetary Fund.

This order is made under ss 163 and 168 of the Climate Change Response Act 2002. The Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The regulations specify the information and formulas required to calculate the emissions of certain agricultural activities listed in Part 5 of Schedule 3 of the Climate Change Response Act 2002.

This order is made under s 167 of the Climate Change Response Act 2002. This Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The amendments prescribe the fees and charges payable for binding rulings under the Climate Change Response Act 2002.

These regulations are made under the Climate Change Response Act 2002. This Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The amendments provide a new carbon assessment method for registered post-1989 forest land.

This order is made under s 60 of the Climate Change Response Act 2002. This Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The amendments specify exemptions for certain industrial process activities listed in subpart 2 of Part 4 of Schedule 3 of the Climate Change Response Act 2002 and for certain agricultural activities listed in Part 5 of Schedule 3 of the Act.

This order is made under ss 163 and 168 of the Climate Change Response Act 2002. The Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). These regulations amend the Climate Change (Other Removal Activities Regulations 2009. The Amendments extend the scope of those regulations to the activities of exporting synthetic greenhouse gases and destroying synthetic greenhouse gases.

This order is made under ss 70(1) and 72 of the Climate Change Response Act 2002 which implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The order issues a pre-1990 forest land allocation plan.

Climate Change (Stationery Energy and Industrial Processes) Amendment Regulations 2010

This order is made under s 163 of the Climate Change Response Act 2002 which implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The amendments set out the requirements for the collection of information and the calculation of emissions under s 62 of the Climate Change Response Act 2002 in relation to importing sulphur hexafluoride, importing hydro fluorocarbons or per fluorocarbons and manufacturing synthetic greenhouse gases.

This order is made under ss 163 and 164 of the Climate Change Response Act 2002. This Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The regulations extend the scope of those regulations to the activity of operating a disposal facility.

This order is made under ss 163 and 164 of the Climate Change Response Act 2002. This Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). These regulations prescribe the method for calculation of emissions from disposal facilities.

Customs and Excise (Rule of Origin for Malaysia Free Trade Agreement Goods) Amendment Regulations 2010

This order is made under s 65 of the Customs and Excise Act 1996. These regulations prescribe rules of origin for imports of good from Malaysia to give effect to the Malaysia–New Zealand Free Trade Agreement (2009).

Customs and Excise (Rules of Origin for New Zealand–Hong Kong, China Closer Economic Partnership Agreement Goods) Amendment Regulations 2010

This order is made under s 65 of the Customs and Excise Act 1996. These regulations prescribe rules of origin for goods imported from Hong Kong, China. The rules of origin give effect to the New Zealand– Hong Kong, China Closer Economic Partnership Agreement (2010).

Customs and Excise (Rule of Origin-Harmonised System) Amendment Regulations 2011

These regulations are made under the Customs and Excise Act 1996. These amendments make changes that are required to ensure consistency with the International Convention on the Harmonised Commodity Description and Coding System (1950).

This order comes under s BH 1 of the Income Tax Act 2007. This order gives effect the Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2010) and its Protocol (2010).

This order comes under s BH 1 of the Income Tax Act 2007. This order gives effect to the Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands on the exchange of information with respect to taxes (2012) and Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands for the allocation of taxing rights with respect to certain income of individuals and to establish a mutual agreement procedure in respect of transfer pricing adjustments (2010).

This order is made under s BH 1 of the Income Tax Act 2007. This order gives effect to the Agreement between the Government of New Zealand and the Government of Samoa on the exchange of information with respect to taxes (2010) and the Agreement between the Government of New Zealand and the Government of Samoa for the allocation of taxing rights with respect to certain income of individuals and to establish a mutual agreement procedure in respect of transfer pricing adjustments (2010).

These regulations are made under s BH 1 of the Income Tax Act 2007, and s 173C of the Tax Administration Act 1994, which provides for the making of orders that give effect to certain taxation agreements.

This order gives effect to Agreement between the Government of New Zealand and the Government of the Republic of Turkey for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (2010).

This order is made under s BH 1 of the Income Tax Act 2007. This order gives effect to the Agreement between the Government of New Zealand and the Government of the Republic of Vanuatu on the exchange of information with respect to taxes (2010).

This order is made under s 297 of the Fisheries Act 1996. The Convention on the Conservation of Migratory Species of Wild Animals (1979) requires a prohibition on the taking of basking sharks. These regulations implement the prohibition in relation to New Zealand ships on the high seas. The prohibition is implemented in relation to New Zealand waters by the addition of the basking shark to Schedule 7A of the Wildlife Act 1953.

Fisheries (High Seas Fishing Notifications: Western and Central Pacific Fisheries Commission) Amendment Notice 2011

This notice amends the Fisheries (High Seas Fishing Notifications: Western and Central Pacific Fisheries Commission) Notice 2009. The notice is made under s 113CF of the Fisheries Act 1996, which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995). The amendment updates the list of international conservation and management measures that have been adopted by the Western and Central Pacific Fisheries Commission.

Fisheries (High Seas Fishing Notifications–Commission for the Conservation of the Southern Bluefin Tuna) Amendment Notice 2011

This notice amends the Fisheries (High Seas Fishing Notifications– Commission for the Conservation of Southern Bluefin Tuna) Notice 2009. The notice is made under s 113CF of the Fisheries Act 1996, which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995). This notice updates the list of international conservation and management measures that have been adopted by the Commission for the Conservations of Southern Bluefin Tuna.

Fisheries (High Seas Fishing Notifications–Commission for the Conservation of Antarctic Marine Living Resources) Amendment Notice 2011

This notice amends the Fisheries (High Seas Fishing Notifications– Commission for the Conservation of Antarctic Marine Living Resources) Notice 2009. The notice is made under s 113CF of the Fisheries Act 1996, which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995). This notice updates the list of international conservation and management measures that have been adopted by the Commission for the Conservations of Antarctic Marine Living Resources.

Fisheries (High Seas Fishing Notifications–North East Atlantic Fisheries Commission) Amendment Notice 2011

This notice amends the Fisheries (High Seas Fishing Notifications– North East Atlantic Fisheries Commission) Notice 2009. The notice is made under s 113CF of the Fisheries Act 1996, which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995). This notice updates the list of international conservation and management measures that have been adopted by the North East Atlantic Fisheries Commission.

This Order amends Schedules 1A A and 2A of the Hazardous Substances and New Organisms Act 1996. It is made under ss 140A(1) (a) and 140B(a) of the Hazardous Substances and New Organisms Act 1996, which implements the Stockholm Convention on Persistent Organic Pollutants (2004). Schedule 1A A of the Act sets out the text of the Stockholm Convention. The amendments set out in the Order bring that text up to date.

Organised Crime (2000). To this list, the Immigration Act 2009 adds the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. The regulations prescribe procedures and other requirements for appeals and matters before the Immigration and Protection Tribunal which is a specialist body established by s 217 of the Immigration Act 2009.

This Order is made under ss 400 and 403 of the Immigration Act 2009. The 2009 Act replaces the Immigration Act 1987, which implements the ILO Convention 97 (1949): Migration for Employment, the Convention relating to the Status of Refugees, the Protocol relating to the Status of Refugees (1967), the Convention against Transnational Organised Crime (2000), the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000). To this list, the Immigration Act 2009 adds the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. These regulations provide for various procedural matters relating to refugees and protected persons.

Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Amendment Order 2011

This Order amends the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004. This updates the import export of Stockholm and Rotterdam chemicals consistently with New Zealand’s obligations under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998) and the Stockholm Convention on Persistent Organic Pollutants (2007).

These regulations amend the Resource Management (Marine Pollution) Regulations 1998. They are made under s 360(1) of the Resource Management Act 1991. The amendments allow for changes adopted in relation to Chapters 17 and 18 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (as set out in the Annex of the International Maritime Organization resolution MEPC.166(56) adopted on 13 July 2007) and the fluent Standards and Performance Tests for Sewage Treatment Plants (as set out in the Annex of the International Maritime Organization resolution MEPC 159 (55) adopted on 13

This order is made under s 2 of the United Nations Act 1946, which provides that regulations may be made to give effect to any decisions of the Security Council of the United Nations made under art 41 of the Charter of the United Nations. These regulations give effect to resolutions 1737 (2006), 1747 (2007), 1803 (2008), and 1929 (2010) of the Security Council, which call for the imposition of sanctions in respect of Iran.

This order is made under s 2 of the United Nations Act 1946. These regulations amend the United Nations Sanctions (Iran) Regulations 2010 to give further and better effect to paragraph 22 of resolution 1929 (2010) of the Security Council of the United Nations.

This order is made under s 7BA (2) of the Wildlife Act 1953. This order inserts a reference to basking shark in Schedule 7A of the Wildlife Act 1953, so that the shark is absolutely protected in New Zealand fisheries waters. The Convention on the Conservation of Migratory Species of Wild Animals (1979) requires a prohibition on the taking of basking sharks. This order implements the prohibition in relation to New Zealand waters.

This Part sets out the reported and unreported judicial decisions rendered during the current interval that concern New Zealand’s international obligations. It divides the reported cases into those cases reported in the New Zealand Law Reports (NZLR) series in which international obligations were determinative, those cases reported in the NZLR series in which international obligations were cited but not determinative, and those cases reported in other series. It also identifies the international agreements that were referenced and sets out the distribution of these references among the various courts.

Attorney-General v Tamil X & Anor [2010] NZSC 107; [2011] 1 NZLR 721 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Anderson JJ), immigration case that cites the Rome Statute of the International Criminal Court and the United Nations Convention Relating to the Status of Refugees:

The Supreme Court held that the respondent was not disqualified from being a refugee by virtue of art 1F(a) of the Refugee Convention; furthermore, any crime committed in relation to the sinking of the vessel was of a political nature, which did not disqualify respondent from holding refugee status under the Convention. The connection between the respondent’s crimes and the political purposes the respondent sought to serve was sufficient to result in respondent’s crimes being of a political nature and therefore the respondent was not shown to be excluded from refugee status under art 1F(a) and 1F(b) of the Convention.

2. NZLR Cases in Which International Obligations Were Cited But Not Determinative

1 NZLR 176 (Court of Appeal, Chambers, Arnold, and Stevens JJ), administrative law case that cites the United Nations Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms

AHC v CAC [2011] NZHC 2118; [2011] 2 NZLR 694 (High Court, Auckland, Andrews J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction

Attorney-General v Chapman [2011] NZSC 110; [2012] 1 NZLR 462 (Supreme Court, Elias CJ, McGrath, William Young, Gault, and Anderson JJ), constitutional law case that cites the European Convention on Human Rights and Fundamental Freedoms (1950) and the International Covenant on Civil and Political Rights Field v R [2010] NZCA 556; [2011] 1 NZLR 784 (Court of Appeal, O’Regan, Hammond, and Stevens JJ), criminal case that cites the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997)

Hamed v R [2012] 2 NZLR 304 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Gault JJ), criminal procedure case that cites the European Convention of Human Rights and Fundamental Freedoms (1950) and the International Covenant on Civil and Political Rights

James v R [2011] NZCA 219; [2012] 1 NZLR 353 (Court of Appeal, Harrison, Courtney, and Clifford JJ), criminal case that cites the United Nations Convention on Rights of Persons with Disabilities

Kacem v Bashir [2010] NZSC 112; [2011] 2 NZLR 1 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and William Young JJ), custody case that cites the United Nations Convention on the Rights of the Child

Meridian Energy Ltd v Central Otago District Council & Ors [2011] 1 NZLR 483 (High Court, Dunedin, Chisholm, and Fogarty JJ), resource management case that cites the United Nations Framework Convention on Climate Change (1992)

Morse v Police [2012] New Zealand Law Reports 1 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Anderson JJ), criminal case that cites the International Covenant on Civil and Political Rights

North Shore City Council v Body Corporate 188529 & Ors [2010] NZCA 64; [2010] 3 NZLR 486 (Court of Appeal, William Young P, Arnold, and Baragwanath JJ), tort case that cites the United Nations Convention on the International Sale of Goods (1980) and the International Covenant on Civil and Political Rights

Orlov v ANZA Distributing (NZ) Ltd (in liq) & Anor [2011] NZSC 28; [2011] 2 NZLR 721 (Supreme Court, Elias CJ, McGrath, and William Young JJ), civil procedure case that cites the International Covenant on Civil and Political Rights

Petryszick v R [2010] NZSC 105; [2011] 1 NZLR 153 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Anderson JJ), criminal case that cites the International Covenant on Civil and Political Rights

Smith v Air New Zealand Ltd [2011] NZCA 20; [2011] 2 NZLR 171 (Court of Appeal, O’Regan P, Chambers, and E France JJ), human rights case that cites the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the United Nations Convention on Rights of Persons with Disabilities

Williams, Steven v Simpson (No 5) [2010] NZHC 1786; [2011] 2 NZLR 380 (High Court, Hamilton, Heath J), bankruptcy case that cites the United Nations Commission on International Trade Law (UNCITR AL) Model Law on International Commercial Arbitration, the Hague Convention on the Civil Aspect of International Child Abduction, the Hague Convention on Civil Procedure (1954), and the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (1971)

Winther & Ors v Housing Corporation of New Zealand [2011] (Court of Appeal, O’Regan, Randerson, and Stevens JJ), residential tenancy case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights

Banks v Attorney-General [2010] NZCA 342 (Court of Appeal, Arnold J), civil procedure case that cites the International Covenant on Civil and Political Rights

BWS & Anor, Adoption application by [2011] NZFLR 621 (Family Court, North Shore, Judge JH Walker), custody case that cites the United Nations Convention on the Rights of the Child, the Vienna Convention on the Law of Treaties (1969), and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993)

Child Poverty Action Group Inc v Attorney-General (2005) 7 HRRNZ 939 (Human Rights Review Tribunal, Hindle, Chair), human rights case that cites the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms

D v N [2011] NZAR 276 (High Court Christchurch, Fogarty J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction

Hagaman v Fairbank [2010] NZCA 526; [2010] 20 PRNZ 68 (Court of Appeal, E France, Randerson, and Stevens JJ), evidence case that cites the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970)

IS v Attorney-General [Adoption: Shariah law] [2011] NZFLR145 (High Court Auckland, Allan J), immigration case that cites the United Nations Convention on the Rights of the Child

LGS v THW [2011] NZFLR 995 (Family Court New Plymouth, Judge MA Courtney), custody case that cites the United Nations Convention on the Rights of the Child

Ministry of Health v Atkinson (on behalf of the estate of Susan Atkinson) & Ors (2010) 9 HRRNZ 47 (High Court, Asher J, Ms J Grant, and Ms P Davies), human rights case that cites the United Nations Convention on Rights of Persons with Disabilities

PB v CJR [2011] NZFLR592 (Family Court, Rotorua, Judge MacKenzie), maintenance case that cites the United Nations Convention on the Recovery Abroad of Maintenance

Pouwhare v R [2010] NZCA 268; (2010) 24 CRNZ 868 (Court of Appeal, William Young P, Chisholm, and Keane JJ), criminal case that cites the United Nations Convention on the Rights of the Child

Reekie v Legal Services Agency & Ors [2010] NZAR, High Court, Auckland, Keane J), administrative law case that cites the International Covenant on Civil and Political Rights

RIS v DM [2011] NZLFR 25 (Family Court Christchurch, Moran J), custody case that cites the United Nations Convention on the Rights of the Child

Smallmon v Transport Sales Ltd [2011] NZCA 340 (Court of Appeal, E France, Stevens, and Wild JJ), contract case that cites the United Nations Convention on the International Sale of Goods (1980)

X v R [2010] NZCA 522 (Court of Appeal, Hammond, Arnold, and Stevens JJ), criminal case that cites United Nations Convention Relating to the Status of Refugees

AB v Chief Executive of the Department of Labour (HC Wellington, CIV-2010-485-001533, S France J), immigration case that cites the United NationsConvention Relating to the Status of Refugees

Afakasi v Registrar of the Manakau District Court (HC Auckland, CIV-2010-404-008017, Ellis J), administrative law case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights

AHC v CAC (FC Auckland, FAM-2010-004-002326, Judge Twaddle), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction

A v Refugee Status Appeals Authority Auckland & Anor (HC Auckland, CIV-2009-404-003379, French J), administrative law case that cites the United Nations Convention Relating to the Status of Refugees

Bujak v Minister of Justice (CA 719-2009, Robertson, Arnold, and E France JJ), administrative law case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Convention on Civil and Political Rights , and the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

CBAK v W P & Ors (FC Porirua, FAM-2009-091-000593, Judge PR Grace), custody case that cites the United Nations Convention on the Rights of the Child

Clee & Anor v Attorney-General (HC Auckland, CIV-2010-404-007101, Ellis J), administrative law case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights

DLH v KLW (FC Wellington, FAM-2009-085-000835, Judge VH Ullrich), maintenance case that cites the United Nations Convention on the Recovery Abroad of Maintenance

DPH v LGG & Ors (FC Dunedin, FAM-2008-012-001052, Judge SJ Coyle), custody case that cites the United Nations Convention on the Rights of the Child

Ellis v R (SC 53-2011, Blanchard, Tipping, and McGrath JJ), criminal procedure case that cites the International Covenant on Civil and Political Rights

EMP v DMP (FC Dunedin, FAM-2008-012-000336, Judge SJ Coyle), custody case that cites the United Nations Convention on the Rights of the Child

Ericson v Department of Corrections (HC Wellington, CIV-2010-485-001912, Wild J), habeas corpus case that cites the International Covenant on Civil and Political Rights

Exide Technologies Ltd v Attorney-General (HC Wellington, CIV-2011-485-001549, Miller J), judicial review case that cites the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998), the Stockholm Convention on Persistent Organic Pollutants (2001), the United Nations Convention on the Law of the Sea (1982), the Convention on the Law of Treaties (1969), and the Basel Convention on the Control of Trans boundary Movements of Hazardous Wastes and Their Disposal (1989)

HB v Ministry of Social Development (FC Tauranga, FAM-2008-070-0001904, Judge A Wills), custody case that cites the United Nations Convention on the Rights of the Child

Hertz New Zealand Ltd v Martynov (HC Wellington, CIV-2010-485-002404, Associate Judge Gendall), bankruptcy case that cites the Vienna Convention on Diplomatic Relations (1961)

Hi-Gene Ltd v Swisher Hygiene Franchise Corporation (CA 346-2010, Randerson, Potter, and Venning JJ), arbitration case that cites the United Nations Commission on International Trade Law (UNCITR AL) Model Law on International Commercial Arbitration

Horlor v District Court at Christchurch & Anor (HC Christchurch, CIV-2009-409-002499, French J), judicial review case that cites the Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)

Isherwood v R (SC 81-2010, Blanchard, McGrath, and William Young JJ), criminal procedure case that cites the International Covenant on Civil and Political Rights

Isherwood v R (CA 137-2010, Arnold, E France, and Harrison JJ), criminal procedure case that cites the International Covenant on Civil and Political Rights

JJAJ v BLD (FC North Shore, FAM-2007-044-001664, FAM-2007-044-001665, Judge LJ Ryan), custody case that cites the United Nations Convention on the Rights of the Child

JMC v AJHB & Anor (FC Dunedin, FAM-2008-012-000055, Judge SJ Coyle), custody case that cites the United Nations Convention on the Rights of the Child

K AS v FRS (FC Christchurch, FAM-2008-009-001916, Judge JA McMeeken), maintenance case that cites the United Nations Convention on the Recovery Abroad of Maintenance

Krokova & Anor v Minister of Immigration (HC Wellington, CIV-2010-404-005674, Venning J), immigration case that cites the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the United Nations Convention on the Rights of the Child

K WS v SRM (FC Napier, FAM-2006-041-000563, Judge P von Dadelszen), custody case that cites the United Nations Convention on the Rights of the Child

L v Ridca Central (Regional Intellectual Disability Care Agency) (HC Wellington, CIV-2010-485-001279, Mallon J), mental health case that cites the United Nations Convention on the Rights of Persons with Disabilities

M v Department of Labour (HC Auckland, CIV-2010-404-004360, Courtney J) immigration case which cites the United Nations Convention Relating to the Status of Refugees

M v Refugee Status Appeals Authority & Anor (HC Auckland, CIV-2010-404-003298, Courtney J), immigration case that cites the United Nations Convention Relating to the Status of Refugees

Manikpersadh v R (CA 691-2010, Stevens, Potter, and Miller JJ), criminal procedure case that cites the International Covenant on Civil and Political Rights

Miller & Anor v New Zealand Parole Board & Anor (CA 67-2009, William Young P, Chambers, and E France JJ), parole case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights

M-SCN v JAW (FC Rotorua, FAM-2010-063-000851, Judge MA MacKenzie), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction

MVDMS v FJS (FC Tauranga, FAM-2009-070-000578, Judge JP Geoghegan), maintenance case that cites the United Nations Convention on the Recovery Abroad of Maintenance

NPDAS v SJR (FC Hastings, FAM-2008-020-000476, Judge AP Walsh), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction

OAW v R AG (FC Christchurch, FAM-2009-009-000417, Judge JA McMeeken), custody case that cites the United Nations Convention on the Rights of the Child

PAC v SLM (FC Waitakere, FAM-2010-090-000222, Judge TH Druce), custody case that cites the United Nations Convention on the Rights of the Child

PGG Wrightson Ltd v Green Corp Group Pty Ltd (formerly known as Plantmark Pty Ltd) (DC, CIV-2009-006-000279, Judge A A Zohrab), summary judgment case that cites the United Nations Convention on Contracts for the International Sale of Goods (1980)

PH v SAC (FC Christchurch, FAM-2010-009-002804, Judge E Smith), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction

Phillipson v Maritime New Zealand (FC Nelson, CRI-2010-442-000029, Miller J), maritime case that cites the United Nations Convention on the Law of the Sea

PJR-S & Anor v Chief Executive of the Ministry of Social Development & Ors (FC Napier, FAM-2002-077-000084, FAM-2009-027-000084, Judge P von Dadelszen), custody case that cites the United Nations Convention on the Rights of the Child

Port v Jones (FC Christchurch, FAM-2006-09-002510, Judge RJ Murfitt), custody case that cites the United Nations Convention on the Rights of the Child

Rangitauira v R (CA 252-2011, Stevens, Potter, and Ronald Young JJ), civil procedure case that cites the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the United Nations Convention Against Transnational Organized Crime (2000)

R v D (CA 287-2010) (CA 287-2010, Chambers, Rodney Hansen, and Heath JJ), objectionable publication case that cites the Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)

RMB v ARZB (FC Dunedin, FAM-2010-017-000023, Judge SJ Coyle), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction and the United Nations Convention on the Rights of the Child

R v Refugee Status Appeals Authority & Anor (HC Auckland, CIV-2010-404-003296, Venning J), immigration case that cites the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

R v UGT (HC Rotorua, CRI-2011-263-000073, Whata J), criminal case that cites the United Nations Convention on the Rights of the Child Safe Kids in Daily Supervision Ltd v McNeill & Ors (HC Auckland, CIV-2010-404-001696, Asher J), arbitration case that cites the United Nations Commission on International Trade Law (UNCITR AL) Model Law on International Commercial Arbitration

SCS v GMS (FC Tauranga, FAM-2003-070-000473, Judge Annis E Somerville), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction and the United Nations Convention on the Rights of the Child

Siemer v Chief Justice of the New Zealand Supreme Court (HC Auckland, CIV-2009-404-008435, CIV-2009-404-008438, CIV-2010-404-000084, CIV-2010-404-007025, CIV-2010-404-007026, Woodhouse J), civil procedure case that cites the International Covenant on Civil and Political Rights

Siemer v Heron (HC Auckland, CIV-2010-404-006880, Keane J), civil procedure case that cites the International Covenant on Civil and Political Rights

Siemer & Ors v Fardell (HC Auckland, CIV-2003-404-005782, Rodney Hansen J), civil procedure case that cites the International Covenant on Civil and Political Rights

Singh, Avtar v Minister of Immigration (HC Auckland, CIV-2009-404-008106, Venning J), administrative law case that cites the United Nations Convention on the Rights of the Child, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights

S (The Mother) v Chief Executive of the Ministry of Social Development (HC Wellington, CIV-2011-485-000439, Mallon J), custody case that cites the International Covenant on Civil and Political Rights

Taafi v Minister of Immigration (HC Wellington, CIV-2010-485-000939, Dobson J), immigration case that cites the International Covenant on Civil and Political Rights and the United Nations Convention on the Rights of the Child TCG v RJP (FC Porirua, FAM-2010-091-000977, Judge VH Ullrich), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction

Te Wini v R (CA 123-2010, Glazebrook, E France, and Harrison JJ), criminal case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms

Vilceanu & Ors v Attorney-General & Anor (HC Auckland, CIV-2010-404-004358, Faire J), immigration case that cites the United Nations Convention on the Rights of the Child

Vukomanovic v Residence Review Board & Anor (HC Wellington, CIV-2010-485-000497, Joseph Williams J), immigration case that cites the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights

WAF v Ministry of Social Development & Ors (FC Auckland, FAM-2007-004-000584, Judge PF Boshier), custody case that cites the United Nations Convention on the Rights of the Child

Wang v Deportation Review Tribunal HCAuckland, CIV-2010-404-003096, Toogood J), immigration case that cites the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights

C. Distribution of References to International Agreements among Various Courts, NZLR Cases, Other Reported Cases, and Unreported Cases 33

International obligations	NZLR	Other	Unrep	All	Total
International Covenant on Civil and Political Rights (1966)	SC: 5 CA: 3	CA: 1 HC: 1 HT: 1	SC: 2 CA: 4 HC: 12	SC: 7 CA: 8 HC: 13 HT: 1	29
Convention on the Rights of the Child (1989)	SC: 1 CA: 1	CA: 1 FC: 4	HC: 5 FC: 14	SC: 1 CA: 2 HC: 5 FC: 18	26
Convention on the Civil Aspects of International Child Abduction (1980)	HC: 2	HC: 1	FC: 7	HC: 3 FC: 7	10
European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) 34	SC: 2 CA: 2	HT: 1	CA: 3 HC: 2	SC: 2 CA: 5 HC: 2 HT: 1	10
Convention Relating to the Status of Refugees (1951)	SC: 1	CA: 1	HC: 4	SC: 1 CA: 1 HC: 4	6
International Covenant on Economic, Social and Cultural Rights (1966)	CA: 1		HC: 4	CA: 1 HC: 4	5
Convention on the Recovery Abroad of Maintenance (1956)		FC: 1	FC: 3	FC: 4	4
Convention on the Rights of Persons with Disabilities (2006)	CA: 1	HC: 1	HC: 1	CA: 1 HC: 2	3
Convention on the International Sale of Goods (1920)	CA: 1	CA: 1	DC: 1	CA: 2 DC: 1	3
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)			CA: 2 HC: 1	CA: 2 HC: 1	3
UNCITR AL Model Law on International Commercial Arbitration (1985 as amended)	HC: 1		CA: 1 HC: 1	CA: 1 HC: 2	3

International obligations	NZLR	Other	Unrep	All	Total
Convention on the Law of Treaties (1969)		FC: 1	HC: 1	HC: 1 FC: 1	2
Convention on the Law of the Sea (1982)			HC: 2	HC: 2	2
Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)			CA: 1 HC: 1	CA: 1 HC: 1	2
Convention Against Transnational Organized Crime (2000)			CA: 1	CA: 1	1
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993)		FC: 1		FC: 1	1
United Nations Framework Convention on Climate Change (1992)	HC: 1			HC: 1	1
International Convention on the Elimination of All forms of Racial Discrimination (1965)	CA: 1			CA: 1	1
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998)			HC: 1	HC: 1	1
Convention on Persistent Organic Pollutants (2007)			HC: 1	HC: 1	1
Convention on the Control of Trans boundary Movements of Hazardous Wastes and Their Disposal (1989)			HC: 1	HC: 1	1
Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997)	CA: 1			CA: 1	1
Convention on Diplomatic Relations (1961)			HC: 1	HC: 1	1
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970)		CA: 1		CA: 1	1
Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (1971)	HC: 1			HC: 1	1
Hague Convention on Civil Procedure (1954)	HC: 1			HC: 1	1
Totals	27	17	77	121	121

This Part updates the master list of implementing Acts set out in Part V of “In Search of International Standards and Obligations Relevant to New Zealand Acts” (2007) 4 New Zealand Yearbook of International Law 366-393 (as amended).35 The master list should be amended as follows:

Add “Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)” after the “Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993)” item.

Add “New Zealand-Hong Kong, China Closer Economic Partnership Agreement (2010)” after the “Agreement Establishing the ASEAN–Australia– New Zealand Free Trade Area (2009)” item.

This Part updates the master list of implementing regulations set out in Part V of “In Search of International Standards and Obligations relevant to New Zealand Regulations” (2007–[2008] NZYbkIntLaw 14; 2008) 5 New Zealand Yearbook of International Law 327-272 (as amended).36 The master list should be amended as follows:

Anti-Money Laundering and Countering Financing of Terrorism (Cross Border Transportation of Cash) Regulations 2010

Anti-Money Laundering and Countering Financing of Terrorism Act 2009, ss 70(a) to (c), 153(c) and (j), and 154(1)(e)

Recommendations issued by the Financial Action Task Force on Money Laundering (established 1989)

This order updates the text of the Montreal Convention set out in Schedule 6 of the Civil Aviation act 1990

Civil Aviation Rules: Part 175–Aeronautical Information Service Organisations–Certification 2010

Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)#

Add “New Zealand-Hong Kong, China Closer Economic Partnership Agreement (2010)” after the “ASEAN-Australia-New Zealand Free Trade Area Agreement (2008)” item.

Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2010) and its Protocol (2010)$

Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands on the exchange of information with respect to taxes (2012)$

Agreement between the Government of New Zealand and the Government of the Republic of the Marshall Islands for the allocation of taxing rights with respect to certain income of individuals and to establish a mutual agreement procedure in respect of transfer pricing adjustments (2010)$

Agreement between the Government of New Zealand and the Government of Samoa on the exchange of information with respect to taxes (2010)$

Agreement between the Government of New Zealand and the Government of Samoa for the allocation of taxing rights with respect to certain income of individuals and to establish a mutual agreement procedure in respect of transfer pricing adjustments (2010)$

Agreement between the Government of New Zealand and the Government of the Republic of Vanuatu on the exchange of information with respect to taxes (2010)$

Schedule 1A A of the Act sets out the text of the Stockholm Convention on Persistent Organic Pollutants (2007). The amendments set out in the order bring that text up to date.

* The author is currently serving as Parliamentary Counsel in New Zealand’s Parliamentary Counsel Office. However, the views expressed herein are the author’s own and may not be attributed to the Parliamentary Counsel Office or the Attorney- General. The superb research skills of Imogen Dow, who pulled together the material for Parts II.A, III (other than the various rules) and IV are gratefully acknowledged.

14 “Information received from New Zealand on the implementation of the concluding observations of the Human Rights Committee” UN Doc CCPR/C/NZL/CO/5/Add.1 (2011).

15 “List of issues to be taken up in connection with the consideration of the third period report of New Zealand concerning articles 1 to 15 of the International Covenant on Economic, Social and Cultural Rights” UN Doc E/C.12/NZL/Q/3 (2011).

16 “List of issues and questions with regard to the consideration of periodic reports: New Zealand” UN Doc CEDAW/C/NZL/Q/7 (2011).

17 “Consideration of reports submitted by State parties under article 44 of the Convention, concluding observations: New Zealand” UN Doc CRC/C/NZL/CO/3-4 (2011).

19 Opened for signature 4 November 1950, entered into force 3 September 1953. New Zealand is not a party to this Convention.

23 By virtue of the European Convention on Extradition (signed 13 December 1957, entered into force 18 April 1960) signed by the United Kingdom.

29 New Zealand Ministry of Foreign Affairs and Trade Annual Report 2010/11 (New Zealand Government, Wellington, 2011) at 14-17.

30 The Acts listed under this heading supplement the list of Acts known to have implications for New Zealand’s international obligations set out in Part V of Mark Gobbi “In Search of International Standards and Obligations Relevant to New Zealand Acts” [2007] NZYbkIntLaw 19; (2007) 4 NZYIL 349 at 366-393.

31 The regulations listed under this heading supplement the list of regulations known to have implications for New Zealand’s international obligations set out in Part V of Mark Gobbi “In Search of International Standards and Obligations relevant to New Zealand Regulations” (2007–[2008] NZYbkIntLaw 14; 2008) 5 NZYIL 327 at 343-372.

32 This list of regulations does not include commencement orders for Acts that implement international obligations, for example: the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act Commencement Order 2010, the International Finance Agreements Amendment Act 1998 Commencement Order 2010 and the Tariff (New Zealand-Hong Kong, China Closer Economic Partnership Agreement) Amendment Act 2010 Commencement Order 2010.

33 Key: SC = Supreme Court, CA = Court of Appeal, HC = High Court, DC = District Court, FC = Family Court, HT = Human Rights Review Tribunal.

36 For previous amendments to the master list, see Gobbi, above n 3, at 330-335; Gobbi (2009), above n 35, at 425-431; Gobbi (2008), above n 35, at 421-423.

New Zealand Yearbook of International Law

Gobbi, Mark --- "Treaty Action and Implementation" [2011] NZYbkIntLaw 18; (2011) 9 New Zealand Yearbook of International Law 351

New Zealand Yearbook of International Law

Treaty Action and Implementation [2011] NZYbkIntLaw 18 (1 January 2011); (2011) 9 New Zealand Yearbook of International Law 351