New Zealand Yearbook of International Law

Volume 16, 2018

Series: 

Volume Editors: Jan Jakob Bornheim and Christian Riffel
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 2018 to 31 December 2018.

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Jan Jakob Bornheim, has been a lecturer in the School of Law at the University of Canterbury, New Zealand, where he teaches Private International Law, since March 2018. Before that, he was a lecturer at the University of Essex in the UK. He has read law, economics, and North American Studies at the Free University of Berlin, the University of Cologne, and the University of Paris I (Panthéon-Sorbonne) at the undergraduate level. Afterwards, he obtained a Master of Laws from the University of Toronto and completed the doctoral program in law at the University of Cologne. He clerked for the Supreme Court of the United Kingdom and worked as a research lawyer for an Anglo-German law firm

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.
Preface


Articles and Commentaries



Investor-State Dispute Settlement in the CPTPP: Perspectives from Australia, Japan and New Zealand
   Ashley Chandler

Will the Anti-corruption Chapter in the TPP11 Work?: Assessing the Role of Trade Law in the Fight Against Corruption Through International Law
   José-Miguel Bello y Villarino

The Confluence of International Trade and Investment: Exploring the Nexus between Export Controls and Indirect Expropriation
   Umair Ghori

Subsidies and “New Industrial Policy”: Are International Trade Rules Fit for the 21st Century?
   Tracey Epps and Danae Wheeler

Out with the Old Approach: A Call to Take Socio-Economic Rights Seriously in Refugee Status Determination
   Imogen Little

A Critical Re-analysis of Whaling in the Antarctic: Formalism, Realism, and How Not to Do International Law
   James C. Fisher

Jurisdictional Aspects of Dispute Settlement under the UN Convention on the Law of the Sea: Some Recent Developments
   Gino Naldi and Konstantinos Magliveras

State Immunity and the Application of Customary International Law in New Zealand: The Young v Attorney-General Litigation
   Jared Papps

The Human Rights Committee, the Right to Life and Nuclear Weapons: The Committee’s General Comment No 36 on Article 6 of the Covenant on Civil and Political Rights
   Roger S. Clark


The South Pacific



Pacific Islands Forum 2018
   Tony Angelo


The Year in Review



International Human Rights Law
   Cassandra Mudgway and Lida Ayoubi

Indigenous Peoples’ Rights under International Law
   Fleur Te Aho

International Economic Law
   An Hertogen

International Environmental Law
   Vernon Rive

Law of the Sea and Fisheries 2018
   Joanna Mossop

The Antarctic Treaty System
   Alan D Hemmings

International Criminal Law and Humanitarian Law
   Treasa Dunworth

International Law and Security
   Anna Hood


New Zealand State Conduct



Treaty Action and Implementation
   Mark Gobbi


Book Reviews



International Human Rights Law in Aotearoa New Zealand by Margaret Bedggood, Kris Gledhill and Ian McIntosh (eds)
   Cassandra Mudgway

The Global Anti-Corruption Regime: The Case of Papua New Guinea by Hannah Harris
   Neil Boister

Legal Responses to Transnational and International Crimes: Toward an Integrative Approach by Harmen van der Wilt & Christophe Paulussen (eds)
   Robert J. Currie
All interested in any aspect of international law, from legal academics, lawyers, government officials, policy makers and students of international law.