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6 P a r l i a m e n t a r i a n s f o r G l o b a l A c t i o n PGA’s 26th Annual Forum: Consultative Assembly of Parliamentarians for the ICC and the Rule of Law - III session December 6-7, 2004 Parliament of New Zealand, Wellington LIST OF PARTICIPANTS Members of Parliaments Angola Australia Sr. Diógenes António A. Boavida, MP Sen. Marise Payne Chair, Constitutional and Legal Affairs Committee Chair, Legal and Consitutional Affairs Committee Dep. Fernando da Costa Andrade Bahrain Member, Constitutional and Legal Affairs Committee Hon. Adel Abdul Rahman Al Moawda, MP Head of Delegation; Second Deputy Chairman Dep. Eugénio António Ngolo Member, Constitutional and Legal Affairs Committee Mr. Abdulla Khalaf Al Doseri, MP Defense and Foreign Affairs Committee Argentina Sen. Marcelo Eduardo López-Arias Bangladesh Vice-President of the Senate Barrister Ziaur Rahman Khan, MP Member, PGA Executive Board MD. Abdus Shahid, MP Dip. Margarita Stolbizer Chief Whip of Opposition Chair, PGA International Council Member, Women’s Affairs, Judicial, Security, and Mr. Zahir Uddin Swapon, MP Human Rights Committee Brazil Armenia Dep. Orlando Fantazzini Mr. Vazgen Manukyan, MP Chair, Committee on Ethics Committee on Science, Education, Culture and Youth Dep. Maria José Maninha Mrs. Hermine Naghdalyan, MP President, Confederation of the Parliaments of the Americas (COPA) Mr. Artashes Geghamyan, MP Member, Committee on Foreign Relations Dep. Antonio Pannuzio Chairman, Law and Unity Party Secretary-General of Labour Party 211 East 43rd Street, Suite 1604, New York, NY 10017, USA T: 1-212-687-7755 F:1-212-687-8409 E-mail: [email protected] PGA 25th Anniversary Tribute & Page 2 Consultative Assembly for the ICC Bulgaria Mr. Atanas Paparizov, MP Dip. Walter Duran Martinez Member, Justice & Constitutional Affairs Committee Cambodia Sen. Ung Ty Dip. William Rizziery Pichinte Vice Chair, Commission on Human Rights & Reception of Complaints European Parliament Mr. Jonas Sjöstedt, MEP Sen. Sisowath Sirirath Member, ACP-EU Joint Parliamentary Assembly Vice Chair, Foreign Affairs, International Chair, PGA European Parliament Group Cooperation, Media and Information Committee Fiji Sen. Chhit Kim Yeat, MP Hon. Ratu Epeli Nailatikau, MP Vice Chair, Commission on Public Work, Speaker of the House of Representatives Transportation, Communication, Post-Office Industry, Energy, and Commerce Rep. David Christopher, MP Chair, Foreign Relations Committee Costa Rica Dip. Ricardo Aime Toledo Carranza Sen. Anand Kumar Singh Member, Legislation Committee Georgia Denmark Ms. Lali Papiashvili, MP Mr. Per Dalgaard, MP Deputy Chair, Human Rights and Civil Integration Member, Legal Affairs Committee Committee Mr. Soren Sondergaard, MP Mr. Kakha Shengelia, MP Member, Legal Affairs Committee Deputy Chair, Foreign Affairs Committee Dominican Republic Mr. David Tkeshelashvili, MP Dip. Minou Tavárez Mirabal Member, Finance and Budget Committee Member, Penal Code Reform Committee Member, PGA Executive Board Ms. Khatuna Gogorishvili, MP Chair, Committee of Rules and Procedures Dip. José Ricardo Tavares Blanco Member, Home Affairs & Justice Committees Mrs. Maia Madiradze, MP Chair of Majority of Parliament of Georgia Dip. Eugeneio Cedeño Areché Member, Justice Committee Germany Mrs. Karin Schubert, MP El Salvador Mayor and Senator of Justice of Berlin Dip. Luis Roberto Angulo Samayoa Member, Legal Affairs Committee Dip. Elizardo Gonzalez Lovo India Mr. Mahendra Prasad, MP Dip. Efren Arnoldo Bernal Chavez Member, Committee on External Affairs Dip. Guillermo Antonio Gallegos Navvarrete Indonesia 211 East 43rd Street, Suite 1604, New York, NY 10017, USA T: 1-212-687-7755 F:1-212-687-8409 E-mail: [email protected] PGA 25th Anniversary Tribute & Page 3 Consultative Assembly for the ICC Yasril Ananta Baharuddin, MP Mr. Kenneth Marende, MP Chair, Foreign Affairs Committee Member, ACP-EU Joint Parliamentary Assembly Mr. Darul Siska, MP Korea Mr. Won Young Lee, MP Ireland Mr. M.J. Nolan, MP Mr. Hoe- Chan Roh, MP Member, Committee on Finance and the Public Service Mr. Ho-Young Joo Young, MP Jamaica Sen. Anthony Johnson Malaysia Member, PGA International Council Mr. Kula Segaran, MP Member, Legal Affairs Committee Japan Sen. Wakako Hironaka Mali Member, PGA Executive Board Dep. Boubou Koita Director, Foreign Affairs Committee Vice-President, Foreign Affairs Committee Chair, PGA National Group Sen. Tadashi Inuzuka Member, Budget, General Affairs Committee Marshall Islands Sen. Anjain Maddison Sen. Kiyohiko Toyama Mexico Sen. Yoshitake Kimata Sen. César Jaúregui Robles Member, PGA International Council Vice President of the Senate Mr. Hideki Wakabayashi, MP Morocco Member, Committee on Foreign Affairs & Defense, Mr. Mohamed Oudor, MP * Budget, Research Commission on Constitution * did not come but sent a written statement Jordan The Netherlands Dr. Ra’Ed K. Qaqish, MP Mr. Coskun Çörüz, MP Member, Foreign Affairs Committee Member, Standing Committee on Foreign Affairs Vice-President of the Education, Culture, and Youth Committee New Zealand Hon. Jonathan Hunt, MP Mr. Bassam Hadaddin, MP Speaker Member of Power & Mineral Resources Committee Hon. Ross Robertson, MP Kenya Deputy Speaker Hon. Francis Ole Kaparo, MP Member, PGA International Council Speaker Hon. Harry Duynhoven, MP Mr. Moses Cheboi, MP President, PGA New Zealand National group Minister of Transport & Safety Mr. Peter Kenneth, MP Mr. Keith Locke, MP 211 East 43rd Street, Suite 1604, New York, NY 10017, USA T: 1-212-687-7755 F:1-212-687-8409 E-mail: [email protected] PGA 25th Anniversary Tribute & Page 4 Consultative Assembly for the ICC Dr. Wayne Mapp, MP Rep. Antonio Cuenco Chair, Committee on Foreign Affairs Nigeria Sen. Bassey Ewa-Henshaw Russian Federation Chair, Employment, Labour and Productivity Committee Ms. Svetlana Smirnova, MP Member, PGA National Group Member, Parliamentary Ethics Committee Sen. Isaiah Balat Mr. Mikhail Grishankov, MP Chair, Committee on Anti-Corruption Hon. Barrister Na-Allah Ibn Bala First Deputy Chair, Committee on Security Chair, House Committee on Judiciary, on behalf of the Speaker, House of Representatives Mr. Leonid Slutzky, MP First Deputy Chair, Committee on Foreign Affairs Pakistan Ms. Valery Grebennikov, MP Dr. Noor Jehan Panezai, MP Member, Legal Affairs Committee Social Welfare Committee; Women’s Affairs Committee Samoa Mr. Toomata Alapatis, MP Mr. Syed Naveed Qamar, MP Member, Legal Affairs Committee Senegal Dep. Mamadou Lamine Thiam Republic of Palau Member, PGA Executive Board Mr. William Ngiraikelau, MP Vice-Speaker, House of Delegates Sierra Leone Dr. Fatmata Hassan, MP Parlatino (Latin American Parliament) Dip. Adolfo R. Taylhardat (Venezuela) Mr. Mohammed Kakay, MP Dip. Timoteo Zambrano G. (Venezuela) Mr. Ibrahim Sorie, MP Minority Whip The Philippines Sen. Aquilino Q. Pimentel, Jr. South Africa Minority Leader Ms Fatima Chohan-Khota, MP Chair, Justice Committee Rep. Loretta Ann P. Rosales President, Human Rights Committee Ms. Fatima Nagdee-Hajaij, MP Member, PGA Executive Board Member, PGA Executive Committee Sen. Miriam Defensor- Santiago Mr. Steven Swart, MP Chair, Foreign Relations Committee Member, Justice Committee Rep. Corazon N. Malanyaon Mr. Jonas Sibanyoni, MP Member, Justice Committee Rep. Teodoro L. Locsin, Jr. Member, Committee on Justice; Committee on Foreign Spain Affairs 211 East 43rd Street, Suite 1604, New York, NY 10017, USA T: 1-212-687-7755 F:1-212-687-8409 E-mail: [email protected] PGA 25th Anniversary Tribute & Page 5 Consultative Assembly for the ICC Sen. Jordi Casas i Bedos Mr. Tony Worthington, MP Second Secretary of the Senate Member, PGA Executive Board Sweden Mr. Malcolm Savidge, MP Mr. Kent Olsson, MP Member, Committee on Labour, Cultural Affairs & Lord Thomas of Gresford, MP Housing United States Tanzania Sen. Tom Harkin Mr. Raphael Chegeni, MP Ranking Minority Member, Agriculture, Nutrition President, AMANI Forum for Peace in the Great and Forestry; Member, Appropriations Committee Lakes region Uruguay Uganda Dip. Felipe Michelini Ms. Beatrice Kiraso, MP Member, Foreign Affairs Committee Chair, Finance Committee Venezuela Mr. Adolf Mwesige, MP (see above “Parlatino”) Minister of State for Law, Office of the Vice-President Zimbabwe Mr. Jacob Oulanyah, MP Mr. David Coltart, MP Chair, Committee on Legal and Parliamentary Affairs Shadow Justice Minister United Kingdom Special Guests H.E. Rt. Hon. Helen Clark H.E. Judge Neroni Slade (Samoa), Prime Minister of New Zealand Pre-Trial Division, International Criminal Court (ICC) H.E. Ms. Rasha H.E.C.M. Ter Braack Ambassador of The Netherlands to New Zealand Hon. Philip Goff Minister of Foreign Affairs and Trade and Minister of Justice (New Zealand) Experts Mr. Hans-Werner Bussman Prof. Roger Clark (New Zealand) Commissioner for the ICC, German Federal Ministry for Law Faculty, Victoria University of Wellington Foreign Affairs Board of Governors Professor, Rutgers School of Law Ms. Silvia Fernandez de Gurmendi Chef de Cabinet and Head of the Jurisdiction, Mr. Alan Webb (New Zealand) Complementarity and Cooperation Division, Office of ICC Pacific; Attorney at Law the Prosecutor, International Criminal Court (ICC) 211 East 43rd Street, Suite 1604, New York, NY 10017, USA T: 1-212-687-7755 F:1-212-687-8409 E-mail: [email protected] PGA 25th Anniversary Tribute & Page 6 Consultative Assembly for the ICC Mr. William Pace (United States) Coalition for the International Criminal Court (CICC) Mr. Jonathan O’Donahue International Justice Program, International Secretariat Amnesty International New Zealand Observers Judiciary
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  • Law Reform and the Trans Tasman Log Jam, Twentie

    Law Reform and the Trans Tasman Log Jam, Twentie

    LAW COMMISSION OF NEW ZEALAND TWENTIETH ANNIVERSARY CONFERENCE WHAT IS DISTINCTIVE ABOUT NEW ZEALAND LAW AND THE NEW ZEALAND WAY OF DOING LAW? WELLINGTON, NEW ZEALAND, FRIDAY 25 AUGUST 2006 LAW REFORM AND THE TRANS TASMAN LOG JAM The Hon Justice Michael Kirby AC CMG* AN ENORMOUS PRESUMPTION Law is full of presumptions. Some of them are innocent enough, although often they involve quite fantastic notions to which judges and lawyers solemnly give effect. One such presumption paid us a visit in the High Court of Australia recently. It happened in Neilson v Overseas Projects Corporation of Victoria Ltd1. The case involved a person from Western Australia, married to an employee of a corporation formed in Victoria, injured in a university facility in China. We all solemnly sat there * Justice of the High Court of Australia (1996-) and one-time Chairman of the Australian Law Reform Commission (1975-84). 1 (2005) 223 CLR 331. 2. struggling with the suggestion that inherited English law required us to presume that the applicable law of China was the same as the applicable law of Australia - whatever that might be. Justice McHugh and I dissented, not being willing to presume so much2. However, the majority were untroubled. They found no offence to reason in the notion that the good people of Wuhan (although undoubtedly oblivious to the fact) were living under the blessings of the same law as Australia, indeed of a particular Australian State, yet to be ascertained. I do not much like presumptions. It is a distaste that I have inherited from Justice Lionel Murphy3.