THE CISG AS THE TOOL FOR SUCCESSFUL MSME PARTICIPATION IN GLOBAL TRADE

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Foreword: International Dispute Resolution - Demystifying the New Frontier

As a trading nation and one that has always looked to the wider world, New Zealand's international engagement is key to the country's wellbeing and prosperity. Despite this, it seems that there is a lack of awareness and understanding of issues with regards to international dispute resolution in New Zealand. This article serves as a foreword for this issue of the Victoria University of Wellington Law Review which introduces the inaugural New Zealand Law Foundation International Dispute Resolution lecture given by Lucy Reed of Freshfields Bruckhaus Deringer, as well as the following seminar on the same issues.&nbsp

Celebrating Anniversaries

This article is a summary of the symposium on the Convention on Contracts for the International Sale of Goods ('CISG') in 2005, held in Wellington. The aim of the symposium was to re-familiarise New Zealand's legal community with a part of contract law which seems to have been forgotten or, even worse, which had never gotten into the conscience of New Zealand's legal profession. The first part of the symposium involved the makeup of the CISG and concerns regarding potential barriers to international change. However, the author argues that the symposium papers make clear New Zealand businesses and lawyers should not need to be afraid to choose CISG for their international contracts. The second part of the symposium covered the practical application of the CISG in the day to day business of a lawyer advising his/her client. The author concludes that the seminar papers show New Zealand businesses can only gain from using the CISG as their law for international commercial contracts

Foreword: International Dispute Resolution in New Zealand

This article is the foreword to this issue of the Victoria University of Wellington Law Review ('VUWLR') containing the New Zealand Law Foundation Dispute Resolution Fellowship Lectures from 2013 to 2015. International dispute resolution is central to New Zealand's future as a trading nation that has always looked to the wider world, and the yearly international dispute resolution week is now an established part of the yearly legal calendar. This issue of the VUWLR contains innovative and insightful discussions into the world of international arbitration

Protecting Human Rights in the Pacific

Between 27 and 29 April 2008, the International Centre for the Legal Protection of Human Rights hosted a human rights law conference. This introductory article provides an overview of the papers presented on the 28th and 29th. The idea for the conference emerged when a break-out group from another conference discussed whether the 1989 LAWASIA Pacific Human Rights Charter could be revived. The aim of this conference was to identify key human rights challenges in the Pacific and strategies for strengthening national, regional and international mechanisms for enhanced protection of human rights in the region. Representatives were asked to prepare country reports on their respective states having regard to the following human rights issues: health, environment, culture and language, education, and the rule of law.&nbsp

Margin of Appreciation - A note Towards a Solution for the Pacific

This "think piece," which is aimed at contributing to the debate over a Pacific human rights mechanism, firstly identifies and exemplifies some of the challenges between tradition and culture and human rights embodied in the main human rights conventions. Part III gives a brief overview of the doctrine of margin of appreciation as used by the European Court of Human Rights. The last Part analyses whether the doctrine of margin of appreciation will be able to withstand and adequately balance any "challenges" from the unique traditions and culture of the Pacific. This essay is intended as the beginning of a dialogue over the value of a margin of appreciation approach in the Pacific, as opposed to a contribution as such to the enormous literature on the margin of appreciation approach in Europe. It argues that there is much use in framing some of the Pacific debates over the application of human rights through the European approach

Appellate Judicial Issues: Case Allocation and the Rule of Law

As part of the session on Appellate Judicial Issues, the author provides a brief introduction to the role of the judge in Germany. The author provides an introduction to the German Constitution (Grundgesetz-GG) and explores the importance of the words "lawful judge" in article 101 I 2 GG, as well as the implications surrounding jurisdiction and the constitutional principles underpinning them. &nbsp

A Brief Introduction to Medical Misadventure

This article examines the development of medical misadventure law in New Zealand. It discusses the various pieces of legislation impacting on the definition of "medical misadventure" as well as considering the punitive damages cases that are emerging outside ACC against allegedly negligent health professionals and organisations. The author states that the difficulty in devising an appropriate system of accountability lies in the special trust of the doctor patient relationship

International Commercial Arbitration Put to the Test in the Commonwealth

The article discusses the Commonwealth Study on international commercial arbitration conducted in 2019. The importance of the availability of international commercial arbitration as a dispute resolution mechanism lies in the link between trade and the accessibility of a dispute resolution mechanism that reflects the needs of cross-border trade. Given that the Commonwealth has a unique legal and trade ecosystem the Study provides a rare opportunity to consider what a best practice modern international commercial arbitration framework should look like to encourage cross-border trade

Human Rights and Parliamentary Sovereignty in New Zealand

The paper examines whether there was any basis for Parliament to enact section 3(2) of the Supreme Court Act 2003 in regard to human rights decisions of the Court of Appeal. The paper asks whether the Court of Appeal has indeed been "activist" in its human rights decisions. The discussion focuses on the areas where judicial activism might be suspected, firstly the filling of legislative gaps, and secondly statutory interpretation, with a special focus on implied repeal. Relevant decisions of the House of Lords under the Human Rights Act 1998 (UK) are used as a contrast to the decisions of the New Zealand Court of Appeal. The paper comes to the conclusion that the New Zealand Court of Appeal has not been activist in the area of human rights