Policy Issues for Trade Law Reform

Abstract

Heath presents this paper as part of Business Session 1, looking at the reform of international trade law from the viewpoint of the New Zealand Law Commission. He argues that countries which are heavily reliant on export earnings, such as New Zealand, cannot now make trade laws without regard to the commercial norms and laws of major trading partners. Heath suggests that domestic laws on trade must reflect international norms to be effective (including the standards and norms of major trading partners), and that there is a need to strike appropriate balances in the context of civil and criminal law, particularly in the area of electronic commerce. Further, Heath suggests that areas of law which will apply to cross-jurisdiction transactions which can be carried out without any border control must be regulated in an international manner.