Emerging Constitutional Strategies

The author discusses Andrew Butler's "Limiting Rights", Anthony Lester QC's "The Magnetism of the Human Rights Act 1998" and Cheryl Saunders' "Protecting Rights in Common Law Constitutional Systems; A Framework for a Comparative Study" to illustrate that the tension between rights protections and democracy could in fact lead to constructive strategies which protect both democracy and human rights in the future. At first instance, there appears to be a tension between the unilateral enforcement of individuals by the judiciary, and the democratic rights of the whole of society. However, the three papers presented by Butler, Lester QC and Saunders illustrate that comparative analysis shows that society places fundamental value on both. The author concludes that societies should strive to strike the ideal balance between the two.&nbsp

Do Māori Rights Racially Discriminate Against Non Māori?

Claire Charters argues that the claim that Māori rights discriminate against non-Māori needs to be tested to a greater extent than it has been in both political and academic circles to date, not least because of its importance to the type of nation New Zealand is and seeks to be. She illustrates that from a contextual, comparative and theoretical standpoint Māori rights do not discriminate against non-Māori and to suggest that they do so will only increase Māori's detachment from the New Zealand polity

Report from the Inside: The CERD Committee's Review of the Foreshore and Seabed Act 2004

This paper describes, from the perspective of the advocates for Māori claimants, the substance of submissions to, and process followed by, the United Nations Committee on the Elimination of Racial Discrimination in determining that the Foreshore and Seabed Act 2004 discriminates against Māori. The paper has a number of functions: it illustrates that, contrary to the Prime Minister's suggestions, the process followed by the Committee was robust; provides much needed comment on the Committee's early warning and urgent action procedure; should be useful to other individuals or groups seeking to challenge legislation in international fora; and, finally, sheds light on the Committee's succinct decision by placing it within the context from which it emerged.&nbsp

Legitimising Effect of Coordination between Relevant International Institutions and the Harmonisation of the Right of Indigenous Peoples [Article]

A Celebration of the Noble Peace Prize Nominations of James Anaya for His Work as the United Nations Special Rapporteur on the Rights of Indigenous PeoplesThis material published in Arizona Journal of International and Comparative Law is made available by the James E. Rogers College of Law, the Daniel F. Cracchiolo Law Library, and the University of Arizona Libraries. If you have questions, please contact the AJICL Editorial Board at http://arizonajournal.org/contact-us/

Report from the Inside: The CERD Committee's Review of the Foreshore and Seabed Act 2004

This paper describes, from the perspective of the advocates for Māori claimants, the substance of submissions to, and process followed by, the United Nations Committee on the Elimination of Racial Discrimination in determining that the Foreshore and Seabed Act 2004 discriminates against Māori. The paper has a number of functions: it illustrates that, contrary to the Prime Minister's suggestions, the process followed by the Committee was robust; provides much needed comment on the Committee's early warning and urgent action procedure; should be useful to other individuals or groups seeking to challenge legislation in international fora; and, finally, sheds light on the Committee's succinct decision by placing it within the context from which it emerged.&nbsp