The Forgotten Mercy:
GATT Article XXIV:11 and
Trade on the Subcontinent
Raj Bhala
|
Were India and Pakistan to form a regional trade agreement, Article XXIV:11 of GATT would exempt them from their GATT obligations. This "merciful" rule has, unfortunately, not been utilised by India and Pakistan, and has largely been forgotten by international trade scholars. Professor Bhala discusses the drafting history of Article XXIV:11, and, by analysing the rules from which the Article would provide an exemption, examines the scope of the mercy that it provides. He concludes by reviewing the poor efforts thus far to build intra-regional trade in South Asia, highlighting the tragedy of the non-use of Article XXIV:11.
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The Corporal Punishment of Children in New Zealand: The Case for Abolition
Claire Breen |
This paper focuses on the theme of equality and human rights with specific regard to the right of the child not to be subjected to corporal punishment. It draws upon provisions contained in a number of general human rights instruments, in addition to those provisions of the Convention on the Rights of the Child that prohibit a practice that has been sanctioned by New Zealand domestic law. On a broader level it assesses what impact New Zealand's international human rights obligations have had upon its domestic law, both in terms of legislation and case law. The paper draws upon the New Zealand experience, with particular reference to the defence of "reasonable chastisement" in cases regarding the corporal punishment of children. It also considers the European Court of Human Rights' approach to the defence of reasonable chastisement. The paper concludes with an assessment of the steps that have to be taken to ensure that New Zealand conforms with its international human rights obligations. |
2002 PART III
