Assessment Criterion 3

Consistency with Aotearoa New Zealand’s other international obligations, commitments and policies

Guidance on Criterion 3

Under Criterion 3, an export will be assessed against a wide range of other international obligations and commitments applying to Aotearoa New Zealand (not including those covered in Criteria 1 and 2). These obligations and commitments engage a range of specific and thematic considerations which may be relevant to particular or specialised exports. Relevant policies will also be taken into account to ensure that the export would be consistent with Aotearoa New Zealand’s broader approach to these issues.

Legal obligations

Legal obligations relevant to Criterion 3 include a number of international legal instruments that Aotearoa New Zealand is party to, and related domestic legislative or regulatory requirements.

As with Criterion 2, assessments under Criterion 3 require consideration of both primary and secondary international legal obligations.  Aotearoa New Zealand has a wide range of primary legal obligations arising from relevant conventions covering:

  • Use of force
  • Terrorism and transnational organised crime
  • Environmental law
  • Law of the sea
  • Maritime law
  • Space
  • Antarctica
  • Labour conventions
  • International trade

Of particular note is the large number of legal obligations arising in respect of hazardous substances and waste.  Exports of these products are highly regulated.

In addition to the above, the United Nations Charter outlines a wide-ranging prohibition against the use of force, requiring that all states refrain from both the threat of and use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.

Secondary legal obligations may also be invoked where a proposed export would place Aotearoa New Zealand at risk of being complicit in other states’ intentionally wrongful acts or breaches of international law (see Guidance on Criterion 2).

Instruments of international law

Relevant instruments of international law in relation to Criterion 3 include, but are not limited to, the following:

Use of force

  • United Nations Charter (1945)

Terrorism and transnational organised crime

  • United Nations Security Council resolutions imposing sanctions
  • United Nations Convention against Transnational and Organized Crime (2000)
  • Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973)
  • International Convention against the Taking of Hostages (1979)
  • International Convention for the Suppression of the Financing of Terrorism (1999)
  • International Convention for the Suppression of Terrorist Bombings (1997)
  • Convention on the Physical Protection of Nuclear Material (1979)
  • Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)
  • International Convention on the Suppression of Acts of Nuclear Terrorism (The Nuclear Terrorism Convention) (2005)
  • Convention for the Suppression of Unlawful Seizure of Aircraft (1970)
  • Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971)
  • Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)

Environmental law

  • Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989)
  • Cartagena Protocol on Biosafety (2000)
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (1973)
  • Convention on the Law of the Non-Navigational Uses of International Watercourses (1973)
  • Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (1997)
  • Convention on Biological Diversity (1992)
  • United Nations Framework Convention on Climate Change (1992)
  • International Convention for the Regulation of Whaling (1946)
  • Kyoto Protocol to the United Nations Framework Convention on Climate Change (1992)
  • Montreal Protocol on Substances that Deplete the Ozone Layer (and protocols) (1987)
  • Paris Agreement (2015)
  • Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998)
  • Stockholm Convention on Persistent Organic Pollutants (2001)
  • Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (Waigani Convention) (1995)
  • Ramsar Convention on Wetlands of International Importance, especially as Waterfowl Habitat (1971)
  • United Nations Convention to Combat Desertification (1994)

Law of the sea

  • United Nations Convention on the Law of the Sea (UNCLOS) (1982)
  • United Nations Fish Stocks Agreement (1995)
  • Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (1994)

Maritime law

  • International Convention for the Prevention of Pollution from Ships (MARPOL) (1973)
  • Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter (London Convention) (1972)
  • International Convention for the Safety of Life at Sea (SOLAS) (1965)
  • International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978)
  • Maritime Labour Convention (2006)

Space

  • Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty) (1967)
  • Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (Rescue Agreement) (1968)
  • Convention on International Liability for Damage Caused by Space Objects (Liability Convention) (1972)
  • Convention on Registration of Objects Launched into Outer Space (Registration Convention) (1974)

Antarctica

  • Antarctic Treaty (1959)
  • Protocol on Environmental Protection to the Antarctic Treaty (1991)
  • Convention for the Conservation of Antarctic Marine Living Resources (1982)
  • Agreed Measures for the Conservation of Antarctic Fauna and Flora (1964)
  • Convention for the Conservation of Antarctic Seals (1972)

Labour Conventions

  • International Labour Organization (ILO) conventions to which Aotearoa New Zealand is a party

International trade

  • General Agreement on Tariffs and Trade (GATT) (1947)
  • General Agreement on Trade in Services (GATS) (1995)
  • Trade Related Aspects of Intellectual Property Rights Agreement (1994)
  • Agreement on Government Procurement (1979)
  • Information Technology Agreement (1996)
  • Individual free trade agreements to which Aotearoa New Zealand is a party

Non-legally binding commitments and relevant policy

Aotearoa New Zealand has signed up to a number of non-legally binding international political or regional commitments in these areas. These include commitments made in international political declarations and national or joint statements in the international sphere, which may have implications for the assessment of the proposed export item, its end user and its potential end-use.

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