New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2016 to 31 December 2016.
Róisín Burke, PhD (2012) Asia Pacific Centre for Military Law, University of Melbourne. Dr Burke is a Senior Lecturer at the University of Canterbury School of Law. She authored
Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International Law (Brill|Nijhoff 2014). She is a member of the Australia New Zealand Society of International Law International Peace and Security Interest Group. She is an Attorney-at-Law in New York State.
Christian Riffel, PhD (2014), Bern, is a senior lecturer in international economic law at the University of Canterbury and Co-Director of the LLM in International Law and Politics. He authored
Protection Against Unfair Competition in the WTO TRIPS Agreement (Brill|Nijhoff 2016). He is a contributor to the Max Planck Encyclopedia of Public International Law and the Oxford Reports on International Law. Also, he is the Regional Advisor for the Encyclopedia of Comparative Constitutional Law and Vice Co-Chair of the International Economic Law Interest Group of the Australian and New Zealand Society of International Law. In addition, he is a member of the ILA Committee on Rule of Law and International Investment Law.
Roisin BurkeAssociate Editor:Christian RiffelBook Reviews Editor: Annick Masselot Advisory Board: Philip G Alston Professor, School of Law, New York University Richard Barnes Professor, Law School, University of Hull Richard Burchill Director of Research and Engagement, TRENDS Research Advisory, UAE Roger S Clark Professor, Rutgers School of Law, New Jersey Rebecca Cook Professor Emerita, Faculty of Law, University of Toronto James Crawford AC Judge, International Court of Justice The Hague Kevin Dawkins Professor, Faculty of Law, University of Otago Treasa Dunworth Associate Professor, Faculty of Law, University of Auckland Francesco Francioni Professor Emeritus of International Law European University Institute, Florence, Italy Alexander Gillespie Professor, Faculty of Law, University of Waikato Kennedy Graham Director, New Zealand Centre for Global Studies W John Hopkins Associate Professor, School of Law University of Canterbury Sir Kenneth Keith ONZ, KBE, QC Faculty of Law, Victoria University of Wellington Meredith Kolsky Lewis Associate Professor and Associate Director, New Zealand Centre of International Economic Law, Victoria University of Wellington Law School Bill Mansfield Barrister, NZ Annick Masselot Associate Professor, Accounting and Information Systems, University of Canterbury, NZ Robert McCorquodale Professor, University of Nottingham and Institute Director, British Institute of International and Comparative Law Joanna Mossop Senior Lecturer, Faculty of Law, Victoria University of Wellington Sir Geoffrey Palmer KCMG, AC, QC Barrister, Distinguished Fellow, Faculty of Law and New Zealand Centre for Public Law, Victoria University of Wellington Penelope Ridings MNZM Barrister, NZ Karen Scott Professor, School of Law, University of Canterbury Stefan Talmon Professor and Director of the Institute for Public International Law, University of Bonn Barbara von Tigerstrom Professor, College of Law, University of Saskatchewan Tony Angelo ONZM Professor, Faculty of Law, Victoria University of Wellington Neil Boister Professor, Faculty of Law, University of Waikato Andrew Byrnes Professor, Faculty of Law, University of New South Wales Alex Conte Reader, School of Law, Politics and Sociology, University of Sussex Alberto Costi Associate Professor, Faculty of Law, Victoria University of Wellington Peter Davies Associate Professor, School of Law, University of Nottingham Scott Davidson Professor and Deputy Vice Chancellor University of Lincoln Caroline Foster Associate Professor, Faculty of Law, University of Auckland Chris Gallavin Professor and Deputy Pro Vice Chancellor Massey University Mark Gobbi Parliamentary Counsel, Parliamentary Counsel Office, NZ Michael Hahn Professor, Faculty of Law & Director, World Trade Institute, University of Bern, Switzerland and Honorary Professor, Faculty of Law, University of Waikato Amokura Kawharu Associate Professor, Faculty of Law, University of Auckland Benedict Kingsbury Professor and Director of the Institute for International Law and Justice, New York University Susan Marks Professor, Department of Law, London School of Economics Penelope Mathew Dean and Professor, School of Law, Griffith University Campbell McLachlan QC Professor, Faculty of Law, Victoria University of Wellington Ray Murphy, Irish Centre for Human Rights, National University of Ireland Galway Roda Mushkat Professor, Johns Hopkins University, The Paul H Nitze School of Advanced International Studies (SAIS), Hopkins-Nanjng Centre, China Mere Pulea Judicial and Legal Training Consultant in the Pacific Region, NZ Donald R Rothwell Professor, ANU College of Law, Australia National University Tim Stephens Professor, Faculty of Law, University of Sydney Li-ann Thio Professor, Faculty of Law, National University of Singapore Nigel White Professor, School of Law, University of Nottingham
Table of contents
Articles and Commentaries
“World Community Interest” Approach to Interim Measures on “Robot Weapons”: Revisiting the Nuclear Test CasesOzlem UlgenDemocracy in International Law-making: An Unfilled LacunaSalar AbbasiEnvironmental Disputes from Regional Sea Programmes before
: Its Potential Role, Contribution, and the Challenges it Would Face in a Land-based Pollution CaseNaporn PopattanachaiThe Nascent Law of Cyber Blockades and ZonesAna LenardDetermining Modes of Liability in International Criminal Law: Why the Common Purpose Doctrine is the Strongest Legal Response to Mass Atrocity CrimesSelma KafedžićChallenging Cultural Backgrounds and Vernacularizing Human RightsSami Thamir Alrashidi
The South Pacific
The Pacific Islands Forum 2016Tony Angelo
The Year in Review
International Human Rights LawShea Elizabeth EsterlingIndigenous Peoples’ Rights under International LawFleur Te AhoInternational Economic LawChristian RiffelInternational Environmental LawJosephine ToopLaw of the Sea and FisheriesJoanna MossopThe Antarctic Treaty SystemAlan D. HemmingsInternational Criminal Law and International Humanitarian LawTreasa DunworthInternational Law and SecurityAnna Hood
New Zealand State Conduct
Treaty Action and ImplementationMark Gobbi
Elisa Morgera and Kati Kulovesi (eds), Research Handbook on International Law and Natural Resources (Edward Elgar Publishing, 2016)Elizabeth MacphersonLinda E Carter, Mark S Ellis and Charles Chernor Jalloh, The International Criminal Court in an Effective Global Justice System (Edward Elgar Publishing, 2016)Cassandra MudgwayCall for Papers
All interested in any aspect of international law, from legal academics, lawyers, government officials, policy makers and students of international law.