New Zealand Yearbook of International Law

Volume 14, 2016

Series:

The 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.

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Biographical Note

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.

Editorial Board

General Editor: Roisin Burke
Associate Editor:Christian Riffel
Book 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

Preface

Articles and Commentaries

“World Community Interest” Approach to Interim Measures on “Robot Weapons”: Revisiting the Nuclear Test CasesOzlem Ulgen Democracy in International Law-making: An Unfilled LacunaSalar Abbasi Environmental Disputes from Regional Sea Programmes before itlos : Its Potential Role, Contribution, and the Challenges it Would Face in a Land-based Pollution CaseNaporn Popattanachai The Nascent Law of Cyber Blockades and ZonesAna Lenard Determining Modes of Liability in International Criminal Law: Why the Common Purpose Doctrine is the Strongest Legal Response to Mass Atrocity CrimesSelma Kafedžić Challenging 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 Esterling Indigenous Peoples’ Rights under International LawFleur Te Aho International Economic LawChristian Riffel International Environmental LawJosephine Toop Law of the Sea and FisheriesJoanna Mossop The Antarctic Treaty SystemAlan D. Hemmings International Criminal Law and International Humanitarian LawTreasa Dunworth International Law and SecurityAnna Hood

New Zealand State Conduct

Treaty Action and ImplementationMark Gobbi

Book Reviews

Elisa Morgera and Kati Kulovesi (eds), Research Handbook on International Law and Natural Resources (Edward Elgar Publishing, 2016)Elizabeth Macpherson Linda E Carter, Mark S Ellis and Charles Chernor Jalloh, The International Criminal Court in an Effective Global Justice System (Edward Elgar Publishing, 2016)Cassandra Mudgway Call for Papers

Readership

All interested in any aspect of international law, from legal academics, lawyers, government officials, policy makers and students of international law.

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