Campbell McLachlan, 1984
This article calls for the adoption of an internationalist approach in developing the discipline of private international law in New Zealand. With reference to trans-national custody disputes and international child abduction, the author illustrates the need for internationally agreed solutions in order to secure conflicts justice for individuals caught up in trans-national family disputes. New Zealand should participate in the work of Hague Conference on Private International Law and contribute to the development of uniform private international law rules.
"Exclusive Jurisdiction Clauses – A New Zealand Perspective on the Hague Convention on Choice of Court Agreements"
G Shapira and R Lazarovitch, 2008
Exclusive jurisdiction clauses are a frequently used tool in transnational contracts. The parties agree on a forum that would hear any potential dispute. This should ensure certainty and predictability for all parties. However, the complexity of the New Zealand rules and the jurisdictional discretion of the courts lead to often unpredictable results when exclusive jurisdiction clauses are encountered. The 2005 Hague Convention on Choice of Court Agreements aims to address such problems with clear rules that promote certainty in commercial dealings and validate party autonomy. Even though the Convention is not free from criticism, the authors conclude that New Zealand should nonetheless adopt it.
Kenneth J Keith, 2016
The author explores the importance of both private and public international law in New Zealand family law. The author begins by outlining the contexts in which private international law issues can arise, and how the conflict of laws has historically dealt with such cases. The author notes New Zealand’s membership of the Hague Conference on Private International Law and signing of Hague and non-Hague family law treaties, discussing the extent to which these treaties have been implemented in national law by Parliament and the courts. The author concludes by commenting on some family law conventions to which New Zealand is not a party, and signals future challenges for the relationship between family law and international law.