Post by Kiwi Frontline on Mar 9, 2024 6:41:35 GMT 12
THE STATE OWNED ENTERPRISES CASE AND THE PARTNERSHIP FICTION - Anthony Willy.
On a plain reading of the treaty document anything less conducive to the notion of a partnership between the signatories is difficult to imagine. It is therefore necessary to look elsewhere to find what breathes life into this myth.
No recourse can be had to International law because the document is not a treaty. International law only recognizes compacts entered into by sovereign states. Those inhabitants signing did not exercise sovereignty of these Islands in 1840. That they did not sign as Sovereigns of New Zealand is clear beyond doubt because a number refused to do so including the representatives of the Ngapuhi tribe.
If what was agreed in 1840 is not and never was a treaty it can only be construed as a simple agreement between the signatories. Like all contracts it was and is to be observed in good faith. The fact is the Māori signatories had and continue to have a duty to cede to the British Crown sovereignty which includes all property which they individually or collectively possess.....
www.nzcpr.com/the-state-owned-enterprises-case-and-the-partnership-fiction/
On a plain reading of the treaty document anything less conducive to the notion of a partnership between the signatories is difficult to imagine. It is therefore necessary to look elsewhere to find what breathes life into this myth.
No recourse can be had to International law because the document is not a treaty. International law only recognizes compacts entered into by sovereign states. Those inhabitants signing did not exercise sovereignty of these Islands in 1840. That they did not sign as Sovereigns of New Zealand is clear beyond doubt because a number refused to do so including the representatives of the Ngapuhi tribe.
If what was agreed in 1840 is not and never was a treaty it can only be construed as a simple agreement between the signatories. Like all contracts it was and is to be observed in good faith. The fact is the Māori signatories had and continue to have a duty to cede to the British Crown sovereignty which includes all property which they individually or collectively possess.....
www.nzcpr.com/the-state-owned-enterprises-case-and-the-partnership-fiction/