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Author:
Since the ‘refugee crisis’ in 2015, EU Member States have claimed to represent or act on behalf of the Union when regulating migration. Some measures were outside or at the margins of the EU legal order. How can Member States reconcile their double bind as members of the Union and as sovereign nation states? Enriching legal doctrine with constitutional theories, this book argues that EU law is still able to uphold the rule of law, in line with its foundational promise, while also empowering the Member States to govern migration in the common European interest.
Volume Editors: and
The New Zealand Yearbook of International Law is an annual, internationally refereed publication whose purpose is to provide a yearly reference for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool to identify 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 addition to presenting peer-reviewed legal research, the Yearbook contains an annual ‘Year-in-Review’ that covers developments in international law of particular interest to New Zealand, and a dedicated section on the South Pacific.

This Yearbook covers the period 1 January 2022 to 31 December 2022.
Editor-in-Chief:
Published under the auspices of the Refugee Law Initiative at the University of London, this series provides a platform for outstanding new studies of the diverse intersecting legal regimes for the protection of refugees and displaced persons. Monographs and edited volumes in the series aim to advance scholarly and practitioner insight into how "refugee law" is evolving globally, focusing particularly on its interaction with other bodies of international law and manifestation in regions outside Europe.
Editor:
The Refugees and Human Rights Series aims to meet the increasing need for literature which probes the nature and causes of forced migration, the modalities and procedures employed when refugees present themselves, and the manner in which the human rights of refugees are, or should be, promoted and protected.

The series published one volume over the last 5 years.
Volume Editors: and
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 2021 to 31 December 2021.
Author:

Abstract

This article considers how Aotearoa New Zealand’s accession to the ‘Budapest Convention’ on Cybercrime will impact digital privacy rights. The Budapest Convention is an international treaty regulating cybercrime, electronic evidence, and mutual legal assistance (MLA). New Zealand will soon introduce a ‘Budapest Convention Accession Bill’ (Bill) to facilitate accession. This article argues that accession should be welcome in principle as a potentially progressive step for digital privacy but cautions that certain of the Bill’s proposals threaten to significantly, and needlessly, undermine such rights. The main proposed change—a data preservation scheme allowing law enforcement to compel preservation by service providers—appears overly broad, without sufficient safeguards. Other proposals—enabling foreign states to request the interception of content data and to compel service providers to maintain confidentiality during MLA—raise similar concerns. This article recommends legislative changes to ensure New Zealand can swiftly accede while better protecting—ultimately enhancing—digital privacy and other rights.

In: New Zealand Yearbook of International Law
In: New Zealand Yearbook of International Law
Author:

Abstract

Covid-19 highlighted the dangers and consequences of pandemic disease. Similar pandemics could occur in the future due to the advancement in biotechnology and bioresearch if biological agents are used deliberately and unlawfully as weapons or through accidental escape from the labs. Currently, the Biological Weapons Convention (‘BWC’) is afflicted with deficits, including vague language, jurisdictional issues, implementation issues, a lack of transparency, universality, effective systems to monitor scientific, technological developments of biological agents and to verify state party compliance with treaty provisions. Review Conferences, which takes place every five year, provide an ideal opportunity to strengthen the present legal framework under the BWC which is inadequate and ineffective to control the biological agents. This paper argues that Covid-19 has created an opportunity to strengthen the BWC to control the biological agents. This paper focuses on strengthening the BWC to fit the needs of modern age science and technology.

In: New Zealand Yearbook of International Law
Author:

Abstract

In 2022, Ukraine filed proceedings against Russia in the International Court of Justice (‘ICJ’), following Russia’s invasion of Ukraine. To fulfill the consent requirements of the contentious jurisdiction, the proceeding is limited in scope. This article examines the role of consent in the advisory jurisdiction in the context of a bilateral dispute to explore an alternative. It argues that if the United Nations General Assembly were to seek an advisory opinion on the legality of Russia’s actions in Ukraine, even absent Russia’s consent, the ICJ can and should render an opinion. It concludes that the Court would have to step away from its recent articulation in its Advisory Opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 as to the diminished or at least contextual relevance of consent to refuse such a request. Further, it examines the value in providing the ICJ with the opportunity to fully answer the ‘call’ to end the crisis in Ukraine.

In: New Zealand Yearbook of International Law
In: New Zealand Yearbook of International Law