Treaty-Making in the Pacific in the Nineteenth Century and the Treaty of Waitangi

Abstract

This paper discusses the history of treaty-making between Pacific island nations and European powers during the nineteenth century in order to assess the validity of the Treaty of Waitangi at international law. The author also draws some brief comparisons with treaty-making in Africa. The particular focus of the paper is an assessment of how the colonial powers would have viewed a document such as the Treaty. The conclusion of the paper is that the signatories would have presumed that the Treaty would have serious effect, and would be binding in international law.Editor’s note: This paper was originally written in 1987 as part of the Administrative Law LLM course at Victoria University of Wellington. After it was recently cited with approval in Sir Kenneth Keith's article "Public Law in New Zealand" (2003) 1 New Zealand Journal of Public and International Law 3, it transpired that access to the paper was very limited. Despite its age, and the fact that much scholarship has been done in the intervening time, on the Treaty in particular, the material is still of considerable interest. Some changes have been made to the original text to cater for the passage of time.