• Six Months in a Polluting Boat: Enhancing the International Maritime Organization’s Role in Decarbonizing Shipping 

  Daldorf, Tallara (Te Herenga Waka—Victoria University of Wellington, 2022)

  In less than six months, the International Maritime Organization (IMO) will review its 2018 Initial Strategy for reducing the carbon emissions of the global shipping industry. The international shipping industry has long ...
• Climate Clubs: Are Minilateral Trade Arrangements The Key To Climate Change Mitigation? 

  Becconsall-Ryan, Isabelle (Te Herenga Waka—Victoria University of Wellington, 2022)

  Urgent global action is necessary to limit global warming to no more than 2°C above preindustrial levels and avoid irreversible damage to the environment and its inhabitants. However, current multilateral climate agreements ...
• The No-Harm Rule: A Potential Game Changer For International Climate Change Governance? 

  Goodwin, Louise (Te Herenga Waka—Victoria University of Wellington, 2022)

  Climate change is presenting an existential threat to our world as we know it. Yet, the international community has thus far failed to enact adequate climate policies to combat this threat. This paper explores how a rule ...
• Climate Litigation And An Implicit Right To A Healthy Environment. Proposing A Rights-Based Approach To Climate Litigation In Aotearoa 

  Holden, Grace (Te Herenga Waka—Victoria University of Wellington, 2022)

  New Zealand – currently – does not have effective climate litigation. The approaches deployed in climate cases fail to produce favourable outcomes for both the plaintiff and the planet. This existing deficiency in what ...
• Gaming Our Way Out Of The Climate Breakdown – How Can Game Theory Models Support The Negotiations Of More Ambitious Climate Agreements? 

  Lee, Catharina (Te Herenga Waka—Victoria University of Wellington, 2022)

  "All models are simplified versions of reality, full of limitations". Game theory models applied in the context of the international climate negotiation game are no different. Every model of the climate negotiation game ...
• Addressing Loss And Damage Caused Due To Climate Change: Climate Finance And The Law Of State Responsibility 

  Manning, Holly (Te Herenga Waka—Victoria University of Wellington, 2022)

  As the effects of climate change worsen, loss and damage is an unavoidable reality. A defining feature of the climate crisis is the unequal distribution of its causes and effects. Loss and damage will be most devastating ...
• The role of strategic litigation in meeting international legal climate obligations and the implications for addressing the energy trilemma in New Zealand 

  Mills, Jordan (Te Herenga Waka—Victoria University of Wellington, 2022)

  There is a twin challenge to reduce carbon emissions to at least net zero, but also to achieve energy security and equity. This article assesses climate litigation in New Zealand within the framework of the energy trilemma ...
• Ambitiously Collective To Collectively Ambitious: An Evolutionary Interpretation Of Parties’ Mitigation Obligations Under The Paris Agreement 

  Schoonees, Anna (Te Herenga Waka—Victoria University of Wellington, 2022)

  Whether collective obligations exist, or should exist, in public international law has been tiptoed around by international legal scholars, court judges, and instrument drafters for decades. However, the unprecedented ...
• Indigenous Self-Determination And The Reduction Of Greenhouse Gas Emissions: A New Approach For International Climate Law? 

  Sasha, Rita (Te Herenga Waka—Victoria University of Wellington, 2022)

  Indigenous peoples face disproportionate burdens caused by climate change. Making up less than 5 per cent of our population, they care for 80 per cent of its biodiversity. As their environment degrades, so too does the ...
• Litigation Funding For Public Law Claims; What Is Its Feasibility And What Is Its Effect On The Public Law Principles Of Aoteroa? 

  Tu'inukuafe, Max (Te Herenga Waka—Victoria University of Wellington, 2022)

  Litigation funding is prominent in many parts of the world but not in New Zealand. This is likely to change in the coming years and this paper inquires into how the practice interacts with public law. Initially, this paper ...
• A Typology Appraising The Constitutional Propriety Of Judicial Inputs Into The Legislative Process 

  Murray-Ragg, Nadia (Te Herenga Waka—Victoria University of Wellington, 2022)

  The judiciary contributes to the legislative process through a spectrum of inter-government branch dialogue methods. This spectrum ranges from informal conversations to public select committee submissions. The debate on ...
• Grappling With Complacency: The Case For Reforming New Zealand's Constitutional Safeguards Of Ministerial Accountability 

  Morrisey, Thomas (Te Herenga Waka—Victoria University of Wellington, 2022)

  In recent years other Westminster systems, specifically the United Kingdom, Canada and Australia, have been wrestling with how to deal with high profile ministerial integrity scandals. The same could potentially happen ...
• Inquiring Into Disaster: The Efficacy Of Inquiries As Opposed To Alternative Mechanisms In Learning From Disaster Events 

  Moir, Phoebe (Te Herenga Waka—Victoria University of Wellington, 2022)

  As one of the most significant disaster responses in recent history, it appears inevitable that there will be an inquiry into the response of the New Zealand government to the Covid-19 pandemic. While we have already seen ...
• Modernising Unreasonableness 

  Sim, Murray (Te Herenga Waka—Victoria University of Wellington, 2022)

  This essay is a doctrinal examination of Hu v Immigration and Protection Tribunal. That case was a recent decision of Palmer J in which he developed a new test for the ground of unreasonableness in judicial review. The ...
• Leveraging Change: The Role Of Accountability Forums In Response To Police Harm 

  McConnell, Rachel (Te Herenga Waka—Victoria University of Wellington, 2022)

  The nature of policing and the significant power police are granted by the state means they have the power to cause harm to individuals or groups. Policing requires legitimacy. The state in turn provides public forums to ...
• Freedom As Antipower: Mechanisms For Disabled People To Resist Domination By The New Zealand State 

  Mander, Alice (Te Herenga Waka—Victoria University of Wellington, 2022)

  Phillip Pettit’s republicanism offers a useful framework through which one can assess the constitutional position of disabled people in New Zealand society. For Pettit, a relationship is characterised by domination if one ...
• Stories Of Relegation The Treaty Of Waitangi And The Judicial Role In Aotearoa’s Administrative Law 

  Hughes, Alister (Te Herenga Waka—Victoria University of Wellington, 2022)

  Projects of constitutionalism, nation-building, and law-making are woven together by exercises of storytelling. Underneath administrative law’s doctrinal facia, stories guide its development and animates its application. ...
• The Non-Refoulement Of Samsudeen: National Security Versus The Rights Of Protected Persons 

  Hollywood, Cait (Te Herenga Waka—Victoria University of Wellington, 2022)

  This paper considers whether New Zealand’s immigration laws should be reformed to facilitate the deportation of protected persons in the interests of national security. I examine protected persons’ rights using the case ...
• The Constitutional Significance Of The Declarations Of Inconsistency Amendment Act 

  Colson, Sophie (Te Herenga Waka—Victoria University of Wellington, 2022)

  The New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act is a significant constitutional change. It requires Parliamentary response to the courts when a declaration is issued, and therefore results in ...
• Competition Law Or Competition Between Special Interest Groups? The Accountability Deficit In The Commerce Commission’s Market Study Power 

  Chan, Sean (Te Herenga Waka—Victoria University of Wellington, 2022)

  The Commerce Commission’s Market Study into the Retail Grocery Sector was widely criticised by the media for recanting on its bold draft report recommendations to stimulate competition in New Zealand’s duopoly grocery ...

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