Assumptions or accurate justifications? A critical analysis of the Select Committee report on the Manukau City Council (Regulation of Prostitution in Specified Places) Bill 2010

In 2010 the then Manukau City Council proposed a local Bill to Parliament, the Manukau City Council (Regulation of Prostitution in Specified Places) Bill. This Bill targeted the perceived negative consequences of street-based prostitution that existed within Manukau City. The Bill authorised the Manukau City Council to make bylaws that would specify certain places in the district where street-soliciting of prostitution could not occur. The Bill failed at its Second Reading, following a report by the Local Government and Environment Select Committee recommending that it not be passed. The three main justifications given by the Select Committee to this result are discussed in this paper and are determined as to whether they were accurate and appropriate, or if they were rather mere assumptions. These justifications are that existent laws provided a sufficient solution, the Bill would be an implicit amendment to the Prostitution Reform Act 2003, and that the Bill would face enforcement problems if enacted. This paper finds that while the majority of the justifications given by the Select Committee were accurate, this did not stand true for all their reasoning. Ultimately it is argued that greater scrutiny must be given to Select Committee reports

Legitimacy and the international court of justice: An analysis from a third world approaches to international law perspective

The International Court of Justice (ICJ) has had a number of cases and advisory opinion requests concerning nuclear weapons come before it. These have often been complex and controversial, and raise a number of questions about the operation of the ICJ. One specific question concerns the legitimacy of the Court, particularly in the context of these cases. Accordingly this paper explores the legitimacy of these cases. In order to conduct an analysis of legitimacy, this paper uses the Third World Approaches to International Law (TWAIL) approach. The recent bringing of a nuclear weapons case to the ICJ by the Marshall Islands, a developing nation, suggests that this approach is an appropriate approach. This paper argues that current mainstream ideas of legitimacy lack important considerations that a TWAIL approach would include. Through the process of considering legitimacy in international law and examining TWAIL scholarship, this paper constructs and applies a proposed TWAIL approach to legitimacy in international law to these nuclear weapons cases. This paper concludes that, according to the proposed TWAIL approach, these nuclear weapons cases overwhelming fail to adhere to the considerations put forward and that this has implications on how TWAIL scholarship views the legitimacy of the ICJ

Assumptions or accurate justifications? A critical analysis of the Select Committee report on the Manukau City Council (Regulation of Prostitution in Specified Places) Bill 2010

In 2010 the then Manukau City Council proposed a local Bill to Parliament, the Manukau City Council (Regulation of Prostitution in Specified Places) Bill. This Bill targeted the perceived negative consequences of street-based prostitution that existed within Manukau City. The Bill authorised the Manukau City Council to make bylaws that would specify certain places in the district where street-soliciting of prostitution could not occur. The Bill failed at its Second Reading, following a report by the Local Government and Environment Select Committee recommending that it not be passed. The three main justifications given by the Select Committee to this result are discussed in this paper and are determined as to whether they were accurate and appropriate, or if they were rather mere assumptions. These justifications are that existent laws provided a sufficient solution, the Bill would be an implicit amendment to the Prostitution Reform Act 2003, and that the Bill would face enforcement problems if enacted. This paper finds that while the majority of the justifications given by the Select Committee were accurate, this did not stand true for all their reasoning. Ultimately it is argued that greater scrutiny must be given to Select Committee reports