Law Made Elsewhere: Do We Need a New Way of Thinking?

New Zealand Law Society Conference, Christchurch, October 5, 2001

Victoria University of Wellington Legal Research Paper Series, Keith Paper No. 23/2017

21 Pages Posted: 17 Jan 2013 Last revised: 22 Nov 2017

See all articles by Kenneth J. Keith

Kenneth J. Keith

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: 2001

Abstract

While we are used to thinking of the law as law made by Parliament and its delegates and through court decisions, much (if not most) law is made elsewhere. This paper discusses law made through international processes and the impact of that law on the law of New Zealand. Sir Kenneth Keith takes a broad view of the topic; he describes areas of the law made elsewhere, explains the ways in which that law is made, identifies those who have rights and duties under it, and mentions recent legislation giving effect in New Zealand to that law. The author also discusses developments in Parliament’s role and notes recent judicial practice. Finally, given the revolutionary changes in the political, economic, ideological and other contexts in which the law is to be seen, he concludes on the question asked in the title – do we need a new way of thinking?

Keywords: international law, international treaties, international institutions, Parliament, making international law

JEL Classification: K33, K40, K49

Suggested Citation

Keith, Kenneth J., Law Made Elsewhere: Do We Need a New Way of Thinking? (2001). New Zealand Law Society Conference, Christchurch, October 5, 2001, Victoria University of Wellington Legal Research Paper Series, Keith Paper No. 23/2017, Available at SSRN: https://ssrn.com/abstract=2202122

Kenneth J. Keith (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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