Part C

Question 1

What is the role of Int Law in the contemporary world?

Main 2 sources of Int Law?

Difference between public and private Int Law?

Traditional v Modern approach to Int Law?

Answer 1

• Int law will be needed to solve many global issues in the future e.g. sustainability, human rights, the environment, etc.
• Treaties between two or more countries, soft law (not legally binding but generally agreed upon by states.
• Public international law = Legal rights and obligations states have in respect to each-other.
• Private international law = Law between persons and entities in different states.

Question 2

Relationship between Int Law and sovereignty?

Answer 2

• Growing interdependence amongst states may mean sovereignty becoming outdated.

Question 3

Relationship between NZ and Int Law?

Answer 3

• NZ domestic laws don’t just affect NZ’ers. Also affects future NZ’ers and overseas. NZ affected by foreign law.
• Borderless nature of many states including NZ call for not just focus on domestic law, but also int law.
• NZ will have to consider its place in the global environment in the coming years.

Question 4

Monist vs Dualist approaches to International Law?

Answer 4

• Monist: Int and domestic law in one legal system. Domestic laws are subset to int laws.
• Dualist: International law and national law are distinct legal orders (NZ example of this). This means int law is only applied when it is incorporated in some form into domestic law.

Question 5

How does New Zealand apply international law currently?

Answer 5

• Currently, NZ applies the Dualist approach. In this way, international law is only applied in our legal system when it has been incorporated into NZ statute through the Parliamentary process.
• Courts can choose to interpret NZ legislation in a way that incorporates international obligations. Monist in that sense. e.g. Tavita v Minister of Immigration: Samoan citizen in NZ became “overstayer”. Courts invoked basic human rights to aid the case.

Question 6

Issues with international human rights law and environmental human rights law right now?

Answer 6

• States need to accept the importance that addressing these issues will posses. Not just a matter of sovereignty of the state, but also how the state can serve the global community.
• NZ and other countries need to highlight sustainable development. Development of a state while meeting global need of sustainability.

Question 7

State sovereignty in the future?

Answer 7

• States have international obligations in order to address global issues. Global trusteeship for human rights and the environment. Many environmental problems such as lack of resources flows on and affects citizens in a state (e.g. inequality). Of best interest to address these global problems.

Question 8

What is transnational law?

Answer 8

• All law regulating the actions or events transcending national frontiers.
• Unlike international law, guided by functionality and non-state actors to establish a global constitution.
• Regulated by many non-state actors.

Question 9

How are states guarantors and violators of human rights + int law.

Answer 9

• Primarily states who establish and are charged with enforcing these laws.
• Some states such as NK choose not to enforce this. Also treatment of refugees and prisoners.

Question 10

Problems with international law system?

Answer 10

• Opt in basis. Countries can simply choose to opt out. All countries must comply or it is useless.
• Some states such as USA, China and Russia have a bigger say on the system.
• Difficult to enforce. United Nations, US, but what if they don’t agree?
• Loses cultural values of a country in exchange for global interconnectedness.