Summary International law Question and Answer {2023}

Public international law vs. private international law? - -Public: the rules that govern relationships involving states and IOs Private: concerns the clash of laws from different jurisdictions -What are the 3 types of international law? - --treaties -customary international law -general principles of law recognised by civilised nations -What are some examples of treaties both bilateral and multilateral? - -Treaty of Versailles 1919 (ending WW1), Treaty of Waitangi 1840, International Covenant on Civil and Political Rights (ICCPR), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), CERD, Closer Economic Relationship (CER) -How was the ICCPR incorporated in NZ domestic legislature? - -Through BORA 1990 -How was CEDAW incorporated in NZ domestic legislature? - -Range of statutes including the Prostitution Reform Act 2003 -What is the treaty-making process in NZ? - --treaty negotiated -cabinet approves (some multilateral treaties can be signed at this stage as it is commonly non-binding, binding treaty action can be taken on minor bilateral treaties) -go before Parliament for select committee analysis and possible debate in the HOR -exec responds to select committee recommendations -implemented into domestic law before ratification (either directly, through treaty wording, or substance eg. BORA) -Is NZ a dualist or monist system? - -Dualist, treaties are not automatically part of our domestic law. -What is customary international law? - -Derived from the norms/practices of states and the reason for these - that states consider they have a legal obligation to act in this way. Based on natural law as it looks to a higher code of universal truths. It develops overtime and solidifies when adhered to and recognised by a large enough number of states.