Essay about International Law Should Be Used

727 Words Sep 26th, 2016 3 Pages
The extent to which international law should be used should be through the development of common law and for the interpretation of statutes. Through an increasingly global world, New Zealand is able to compare its own laws with other jurisdictions which help it to consider other opportunities when attempting to create new common law. Furthermore, international law can give New Zealand with interpreting certain laws when there is a gap in New Zealand law. Rather than thinking from the beginning we can use international law to give us a framework for approaching novel situations.

When it comes to common law, New Zealand is a young country and as such has not had the experience to flesh out its laws, unlike other jurisdictions. Hence when cases with new issues are presented to judges, by considering the judgements made by international judges, they have a precedent which they can work from. Some might argue that other jurisdictions have a vastly different system than us and is not useful for comparison. Although this is true in many jurisdictions, doesn’t mean we can’t consider how other jurisdictions deal with aspects of the law. This is most noticeable in human rights cases where litigation involves the NZBORA. The NZBORA is quite new compared to other countries and it is much simpler to interpret the statute when there is already a legal framework to base it on. Alain confirms this in his study on court citations.

“ even 17 years after passage of the New Zealand Bill…

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