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 2020 to 31 December 2020.
Dr. James Mehigan is Senior Lecturer in Law at the University of Canterbury and a barrister at Garden Court Chambers.
Christian Riffel, PhD (2014), Bern, is Associate Professor of International Economic Law at the University of Canterbury, Aotearoa New Zealand. He is editor of the WTO TRIPS Commentary (Brill) and contributor to the Encyclopedia of Public International Law. In addition, he is Co-Chair of the International Economic Law Interest Group of the Australian and New Zealand Society of International Law and a member of the International Law Association Committee on Rule of Law and International Investment Law. Chris is on the list of suitable arbitrators for EU trade agreements and also serves as the Honorary Consul of Germany in the South Island of New Zealand.
Preface
List of Figures and Tables
he
James Crawford
sc ac
Statement by Professor Karen Scott, President of the Australia New Zealand Society of International Law
Part 1 Articles and Commentaries 1 Disease Outbreak Disclosure and Trade in Goods
A Specific Instances Inquiry Mechanism? Caroline E Foster
2 The European Union and New Zealand
Possible Implications of Brexit Serena Kelly
3 When Brand Distinctiveness Is in the
ai
of the Beholder
Trademark Law for Autonomous Intelligent Shopping Agents Mariela de Amstalden and Burkhard Schafer
4 Advisory Opinions of the International Court of Justice
Uncovering Their Legal Status Julia Gunn
5 Protecting the Pacific?
Appraising the Domestic Implementation of the International Humanitarian Law of Sexual Violence in the Pacific Region Tamara Richardson
Pacific Islands Forum – 2020
AH Angelo and Sarina Theys
Part 2 The Year in Review 6 International Human Rights Law
Cassandra Mudgway and Lida Ayoubi
7 Indigenous Peoples’ Rights under International Law
Tracey Whare
8 International Economic Law
Abdul Hasib Suenu
9 International Environmental Law
Vernon Rive
10 Law of the Sea and Fisheries
Joanna Mossop
11 The Antarctic Treaty System
Alan D Hemmings
Part 3 New Zealand State Conduct 12 Treaty Action and Implementation
Mark Gobbi
All interested in any aspect of international law, from legal academics, lawyers, government officials, policy makers and students of international law.