An Island Entire of Itself? International Environmental Law in the Domestic Law of Aotearoa New Zealand

Geographically isolated, but integrally connected to the rest of the globe, in legal terms Aotearoa New Zealand is not, and has never been, ‘an island entire of itself’. Its formal dualist constitutional framework implies a sharp boundary between international environmental law and domestic law applied by New Zealand courts, tribunals and panels. In reality, the boundary has always been leaky, and increasingly so. However, the status and influence of both international law and comparative jurisprudence in domestic decision-making are, in many respects, contested and, at times, unclear.

In this lecture, Associate Professor Rive explores and critiques the evolving approaches to international law and comparative overseas caselaw within New Zealand environmental and planning law. He discusses recent and current cases on climate change, marine, freshwater and land-based biodiversity protection, and the use of scarce resources. Through these, he examines the impact on domestic environmental law of unincorporated treaty provisions and international advisory opinions, and the thorny issue of the relationship between customary international law and domestic law.

The lecture will be of interest to practitioners, policymakers, academics and advocates working, researching, and strategising in contexts where international and domestic environmental law meet.

About the speaker

Vernon Rive is a member of the Faculty of Law at the University of Auckland and a leading scholar in environmental and climate change law. His research and teaching focus on environmental law, climate change litigation, public law, and the interaction between domestic and international legal frameworks. He has published extensively in these fields and regularly contributes to policy and legal discussions on environmental governance in Aotearoa New Zealand.