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
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: Suggested Citation