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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.

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