Reception of International Law in New Zealand Law: Beyond the Monism/Dualism Divide

Abstract

The chapter provides an analysis of how international law is received in New Zealand. Acknowledging that the relationship is traditionally explained in terms of a monist/dualist dichotomy depending on the source of the international obligation (treaty or custom), the author suggests that the relationship is in fact more subtle and complex than is capture by orthodox discourses. He assesses the relationship through a lens of receptivity and resistance to international law, rather than the more static monist/dualist paradigm. In doing so, he seeks to explain that the place given to international law in New Zealand depends on the relative importance and relevance of the international law on the three branches of government to explore and understand how receptivity to international law has evolved over time.

After a brief examination of the New Zealand constitutional context, the chapter turns to the domestic responses to the growing impact of international law on New Zealand law. It examines how the Executive, the Legislature and the Judiciary react to this pressure and whether they adopt a pattern of resistance of receptivity (or both) to international law. The chapter closes with some general observations.

Keywords: International law, New Zealand, Monism, Dualism, Government, Constitutional law

JEL Classification: K00. K33, K40, K49