New Zealand Yearbook of International Law : : Volume 18 2020.
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Superior document: | New Zealand Yearbook of International Law |
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TeilnehmendeR: | |
Place / Publishing House: | Boston : : BRILL,, 2022. ©2023. |
Year of Publication: | 2022 |
Edition: | 1st ed. |
Language: | English |
Series: | New Zealand Yearbook of International Law
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Physical Description: | 1 online resource (286 pages) |
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Table of Contents:
- Half Title
- Series Information
- Title Page
- Copyright Page
- Contents
- Preface
- he James Crawford sc ac: Statement by Professor Karen Scott, President of the Australia New Zealand Society of International Law
- Figures and Tables
- Notes on Contributors
- Part 1 Articles and Commentaries
- Chapter 1 Disease Outbreak Disclosure and Trade in Goods: A Specific Instances Inquiry Mechanism?
- 1 Introduction
- 2 Sovereignty and International Sanitary Law
- 3 Regulatory Coherence and Interference with International Traffic and Trade
- 4 The Problem of Insufficient Accountability
- 5 The Proposed Special Instances Mechanism
- 6 Conclusion
- Acknowledgements
- Chapter 2 The European Union and New Zealand: Possible Implications of Brexit
- 1 The UK's Accession to the eec: An English Farm in the Pacific
- 1.1 Unbalanced Power Relationships
- 2 Diplomatic and Political Relations in 2021
- 3 gi s and Agricultural Access: EU-NZ Trade Relations in 2021
- 4 Brexit and the UK-NZ fta
- 5 Future Opportunities and Challenges
- Chapter 3 When Brand Distinctiveness Is in the ai of the Beholder: Trademark Law for Autonomous Intelligent Shopping Agents
- 1 Brands after ai Disruption: Prelude
- 2 The Evolving Contexts for Brands and Trademark Law in the ai Era
- 2.1 Historical Precursors: Lush and mtm
- 2.1.1 Lush
- 2.1.2 mtm
- 2.1.3 Understanding Opposites
- 2.2 aisa s as an Emerging New Audience for Trademark Law
- 2.3 aisa as a Technology Primer
- 2.4 aisa s as Business Models
- 2.4.1 'Shopping Then Shipping with Human in the Loop'
- 2.4.2 'Shopping Then Shipping with Human on the Loop'
- 2.4.3 'Shipping Then Shopping'
- 3 aisa s and Trademark Law: Friends or Foes?
- 4 aisa s under the trips Agreement
- 4.1 Underperforming aisa s
- 4.1.1 aisa s' Unintentional Non-discrimination of Trademarks.
- 4.1.2 aisa s and Possible Trademark Infringements
- 4.1.3 Do aisa s 'Use' Trademarks 'in the Course of Trade'?
- 4.2 Manipulated aisa s
- 5 Re-Imagining the Future of Trademarks after aisa Disruption: Policy Recommendations
- Acknowledgements
- Chapter 4 Advisory Opinions of the International Court of Justice: Uncovering Their Legal Status
- 1 Introduction
- 2 The Chagos Archipelago Advisory Opinion
- 2.1 Factual Background
- 2.2 The Advisory Proceedings and the Opinion
- 2.3 Subsequent Treatment of the Opinion by the International Organisations
- 3 The Problem of State Consent
- 3.1 The Legal Nature of Advisory Opinions
- 3.1.1 Advisory Opinions as Being Able to Convey a Moral Force Only
- 3.1.2 Application to itlos Special Chamber Findings and upu Decision
- 3.2 Neutralizing the Issue of State Consent
- 3.3 The Court's Robust History of Considering Political Disputes
- 3.4 Should the Principle of Consent Be Minimised?
- 4 Conclusion
- Chapter 5 Protecting the Pacific?: Appraising the Domestic Implementation of the International Humanitarian Law of Sexual Violence in the Pacific Region
- 1 Introduction
- 1 Incorporating International Definitions for Sexual Violence in Armed Conflict
- 1.1 Rape
- 1.2 Sexual Violence
- 1.2.1 Sexual Violence
- 1.2.2 Enforced Sterilization
- 1.2.3 Forced Pregnancy
- 1.2.4 Enforced Prostitution
- 1.2.5 Sexual Slavery
- 1.2.6 Other Crimes of a Comparable Gravity
- 2 Contemporary Definitional Challenges
- 2.1 Civilian and Military Perpetrators
- 2.2 Gender-Neutral Terminology
- 3 Model Laws: Fit for Purpose?
- 4 Conclusion
- Acknowledgements
- Pacific Islands Forum - 2020
- 1 Maritime Boundary Claims
- 2 Innovative Financing
- 3 The Pacific Humanitarian Pathway
- 4 Pacific Resilience
- Part 2 The Year in Review
- Chapter 6 International Human Rights Law
- 1 Overview.
- 2 Periodic Reports to Treaty Bodies
- 2.1 Submission from New Zealand on Follow-Up to the Concluding Observations of the Committee on the Elimination of Discrimination Against Women
- 2.2 Human Rights Committee Jurisprudence
- 3 Engagement with Charter Bodies
- 3.1 Special Procedures of the Human Rights Council
- 3.2 NZ Activities in the Human Rights Council
- 4 Activities of the New Zealand Human Rights Commission
- Chapter 7 Indigenous Peoples' Rights under International Law
- 1 Introduction
- 2 Developments in Relation to International Resolutions, Recommendations and Other Forms of Non-binding or Soft Law Instruments
- 2.1 Indigenous Peoples' Participation in the UN
- 2.2 High-Level Meeting on the 25th Anniversary of the Fourth World Conference on Women
- 2.3 UN Independent Expert on the Enjoyment of All Human Rights by Older Persons
- 3 Developments in Relation to International Treaties
- 3.1 UN Convention on the Right to Development
- 4 Overseas Developments of International Significance
- 5 National Developments of International Significance
- 5.1 Māori Land
- 5.2 Cases
- 5.3 Waitangi Tribunal
- 5.4 Free Trade Agreements
- 5.5 Royal Commission of Inquiry into Abuse in Care
- 6 International Oversight on New Zealand Compliance with Indigenous Peoples' Rights
- 6.1 Universal Periodic Review
- 7 Discussion of International Issues Related to Indigenous People's Rights in International Fora
- 7.1 ga Third Committee
- 7.2 UN Expert Mechanism on the Rights of Indigenous Peoples
- 7.3 Permanent Forum on Indigenous Issues
- 7.4 Convention of Biological Diversity
- 7.5 wipo
- 8 Developments Contributing to Customary International Law or of Particular Relevance to New Zealand
- Chapter 8 International Economic Law
- 1 Introduction
- 2 Free Trade Agreements and Commitments
- 2.1 Digital Economy Partnership Agreement.
- 2.2 Agreement on Climate Change, Trade and Sustainability Negotiations
- 2.3 The Pacific Agreement on Closer Economic Relations Plus
- 2.4 The New Zealand-United Kingdom Free Trade Agreement
- 2.5 Closer Economic Partnership with Singapore Upgrade
- 2.6 Regional Comprehensive Economic Partnership
- 2.7 Commitments Towards Ensuring Unhindered Trade Flow Amidst covid-19
- 3 wto Dispute Settlement Body
- Chapter 9 International Environmental Law
- 1 Introduction
- 2 International Developments
- 2.1 Global Pact for the Environment
- 2.2 Proposal for International Crime of Ecocide
- 2.3 Biodiversity and Conservation
- 2.3.1 Post-2020 Biodiversity Framework
- 2.4 Climate Change
- 3 National Developments
- 3.1 Biodiversity and Conservation
- 3.1.1 New Zealand Biodiversity Strategy
- 3.2 Climate Change
- 3.2.1 Greenhouse Gas Inventory
- 3.2.2 Government Climate Change Policy
- 3.2.3 New Zealand Emissions Trading Scheme and Its Review
- 3.2.4 Climate Risk Reporting
- 3.3 Resource Management Legislation
- 3.3.1 Resource Management Act 1991 Reform
- 3.3.2 National Policy Statements
- 3.3.3 Resource Management (National Environmental Standards for Freshwater) Regulations 2020
- Chapter 10 Law of the Sea and Fisheries
- 1 covid-19
- 2 Maritime Border Orders
- 3 Access to Managed Isolation
- 4 South China Sea
- Chapter 11 The Antarctic Treaty System
- 1 Introduction
- 2 1959 Antarctic Treaty
- 3 1980 Convention on the Conservation of Antarctic Marine Living Resources
- 4 New Zealand Legislative and Other Activity
- Part 3 New Zealand State Conduct
- Chapter 12 Treaty Action and Implementation
- 1 Overview
- 1.1 Parliamentary Activity
- 1.1.1 Acts of Parliament
- 1.1.2 Treaty Examination Reports
- 1.2 Executive Activity
- 1.2.1 Regulations
- 1.2.2 Treaty Actions
- 1.2.3 Periodic Reports
- 1.3 Judicial Activity.
- 1.4 Conclusion
- 2 Treaty Action
- 2.1 Executive Treaty Action
- 2.1.1 Multilateral Treaties
- 2.1.2 Bilateral Treaties
- 2.2 Reports on Treaties Tabled in the House of Representatives
- 2.2.1 Reports Where No Substantive Matters Were Drawn to the Attention of the House
- 2.2.2 Reports Where Substantive Matters Were Drawn to the Attention of the House
- 3 Legislation Related to New Zealand's International Obligations
- 3.1 Acts of Parliament
- 3.1.1 Acts Simply Amending Legislation that Implemented Treaties
- 3.1.1.1 Abortion Legislation Bill and Abortion Legislation Act 2020
- 3.1.1.2 Climate Change Response (Zero Carbon) Amendment Act 2019
- 3.1.1.3 Conservation (Indigenous Freshwater Fish) Amendment Act 2019
- 3.1.1.4 Corrections Amendment Act 2019
- 3.1.1.5 covid-19 Public Health Response Act 2020
- 3.1.1.6 covid-19 Response (Further Management Measures) Legislation Bill (No 2) 2020
- 3.1.1.7 covid-19 Response (Taxation and Other Regulatory Urgent Measures) Act 2020
- 3.1.1.8 Credit Contracts Legislation Amendment Act 2019
- 3.1.1.9 Education (Pastoral Care) Amendment Act 2019
- 3.1.1.10 Education (School Donations) Act 2019
- 3.1.1.11 Education (Vocational Education and Training Reform) Amendment Act 2020
- 3.1.1.12 Electoral Amendment Act 2020
- 3.1.1.13 Electoral Amendment Act 2019
- 3.1.1.14 Electoral (Registration of Sentenced Prisoners) Amendment Act 2020
- 3.1.1.15 Family Court (Supporting Families in Court) Legislation Act 2020
- 3.1.1.16 Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019
- 3.1.1.17 Health (Drinking Water) Amendment Act 2019
- 3.1.1.18 Immigration (covid-19 Response) Amendment Act 2020
- 3.1.1.19 Land Transport (Rail) Legislation Act 2020
- 3.1.1.20 Legislation Act 2019
- 3.1.1.21 Maritime Transport (Offshore Installations) Amendment Act 2019.
- 3.1.1.22 Misuse of Drugs Amendment Act 2019.