Mana Motuhake & Treaty-Making in the International Trade Space Short Course - Te Whare Wānanga o Awanuiārangi

What do international free trade and investment agreements have to do with Mana Motuhake, Te Tiriti o Waitangi and constitutional transformation? 

Most times when we talk about the exercise of Tino Rangatiratanga, as affirmed in He Whakaputanga me te Tiriti o Waitangi, we focus on constitutional power within Aotearoa. Yet the international domain is a critically important, and increasing, site of power in which the Crown claims a Royal Prerogative to exercise exclusive authority. That means international treaties can be negotiated, signed and made binding on Aotearoa by the Executive (Cabinet) alone, even outside its Parliament. 

Sometimes the Crown says this is part of sovereignty under The Treaty of Waitangi, or even its kāwanatanga authority under te Tiriti o Waitangi. Sometimes it just asserts it as an unquestioned truth.

Yet, as Dr Moana Jackson has emphasised, the mana to make treaties with other nations was and is intrinsic to Mana Motuhake and Rangatiratanga. It is not something that Rangatira would, or could, transfer to the Crown or any other foreign polity.

This course focuses on that constitutional contradiction with reference to free trade and investment agreements. These agreements are especially powerful because they are binding and enforceable, and are usually negotiated in secret by the Crown. Their approach to “trade” is founded on Western capitalism, not sourced in Te Ao Māori values, responsibilities and relationships.  

 Significantly, they do not simply address commercial “trade”. They also constrain the ability of the Crown to honour its Tiriti o Waitangi obligations unless that has specifically been protected in the treaty. Their rules can dictate what policies and laws can, and cannot, be adopted as they impact on the exercise of Māori responsibilities and duties and on kaupapa of fundamental importance to Māori, such as mātauranga; te Taiao, mining and climate; hauora and rongoā; food, seeds and hua parakore; creatives, digital and media; obligations on foreign investors; procurement and policies to support for local businesses and workers; and much more. 

The course examines these contradictions at a conceptual, substantive and procedural level with a view to advancing constitutional transformation in the international space. 

Major & Degree Master of Indigenous Studies & Master of Māori Studies
Level 9 Contact Hours 60 SDL Hours 240 Total Hours 300 Credits 30

Contact Te Whare Wānanga o Awanuiārangi for more information re IHI805 Mana Motuhake and Treaty-Making in the International Trade Space 

Major & Degree Master of Indigenous Studies & Master of Māori Studies
Level 9 Contact Hours 60 SDL Hours 240 Total Hours 300 Credits 30

https://www.wananga.ac.nz/contact/