Relevant bibliographies by topics / Australian maritime law

Academic literature on the topic 'Australian maritime law'

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Published: 4 June 2021
Last updated: 4 February 2022

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Journal articles on the topic "Australian maritime law"

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White, Michael. "Australian Maritime Law Update: 2006 General Maritime issues." Maritime Studies 2007, no. 155 (July 2007): 3–16. http://dx.doi.org/10.1080/07266472.2007.10878859.

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Green, Julia. "Australian maritime boundaries: the Australian Antarctic Territory." Marine Policy 25, no. 1 (January 2001): 1–11. http://dx.doi.org/10.1016/s0308-597x(00)00028-2.

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Klein, Natalie. "Legal Implications Of Australia's Maritime Indentification System." International and Comparative Law Quarterly 55, no. 2 (April 2006): 337–68. http://dx.doi.org/10.1093/iclq/lei084.

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AbstractOn 14 December 2004, Australia announced the institution of a ‘Maritime Identification Zone’, extending 1000 nautical miles from its coast and involving the identification of vessels seeking to enter Australian ports, as well as vessels transiting Australia' Exclusive Economic Zone. This Article analyses the legality of these security measures under the UN Convention on the Law of the Sea, new developments through the International Maritime Organization and the Proliferation Security Initiative. The implications of prescribing and enforcing identification requirements on the high seas and in the EEZ, the impact on maritime boundaries and avenues for dispute settlement are all explored.
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Arzandeh, Ardavan. "RECONSIDERING THE AUSTRALIAN FORUM (NON) CONVENIENS DOCTRINE." International and Comparative Law Quarterly 65, no. 2 (April 2016): 475–91. http://dx.doi.org/10.1017/s0020589316000014.

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AbstractA quarter of a century after the High Court of Australia's landmark ruling in Voth v Manildra Flour Mills Pty Ltd, this article examines the application of the modern-day forum (non) conveniens doctrine in Australia. It outlines the prevailing view in the academic literature which claims that the Australian doctrine is functionally different from its English counterpart, articulated in Spiliada Maritime Corporation v Cansulex Ltd. Through a detailed assessment of the case law and commentary, this article questions that widely accepted orthodoxy and demonstrates it to be unpersuasive and reconceptualizes our understanding of the forum (non) conveniens doctrine in Australia. Its main contention is that while, theoretically, there may be a narrow conceptual space between Spiliada and Voth, it is so narrow as to be practically non-existent.
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Noonan, Mike, and Elizabeth Williams. "Combating maritime transnational crime: an Australian perspective." Journal of the Indian Ocean Region 12, no. 1 (January 2, 2016): 46–51. http://dx.doi.org/10.1080/19480881.2016.1138711.

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Mossop, Joanna. "When is a Whale Sanctuary Not a Whale Sanctuary? Japanese Whaling in Australian Antarctic Maritime Zones." Victoria University of Wellington Law Review 36, no. 4 (December 1, 2005): 757. http://dx.doi.org/10.26686/vuwlr.v36i4.5622.

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This article concerns the case of Humane Society International v Kyodo Senpaku Kaisha Ltd, in which the Humane Society, a non-governmental organisation, attempted to sue a Japanese company conducting whaling in the Southern Ocean in an area claimed as an exclusive economic zone by Australia. The Humane Society failed to convince the Federal Court to allow it to serve proceedings on the Japanese company outside Australia, after the judge agreed with the arguments provided by the Australian Attorney-General. These submissions included the possibility of an embarrassing international incident that could arise if a Japanese company were to be served with proceedings enforcing a law that Japan considers to be inconsistent with the freedom of navigation on the high seas. Underpinning the whole case was the issue of sovereignty over Antarctica, which Australia and other countries have disputed for many decades. The author evaluates Australia’s claim to an exclusive economic zone around its Antarctic territorial claim, and its use of the Environment Protection and Biodiversity Conservation Act 1999 to declare a whale sanctuary in that part of the world. The author suggests that it might be possible for the Australian courts to read the whale sanctuary legislation in line with international law, potentially relying on the New Zealand Sellers case, to exclude overseas companies from the effects of the legislation. However, the author concludes it would not be desirable for the Australian Government to rely on such a possibility to avoid potential international repercussions from its domestic legislation.
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Huntley, Ben, Amelia Telec, and Justin Whyatt. "The Timor Sea Treaty: An Australian Perspective." Australian Year Book of International Law 36, no. 1 (October 1, 2019): 29–42. http://dx.doi.org/10.1163/26660229_03601003.

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Abstract In March 2018, Australia and Timor-Leste signed a treaty in a ceremony in New York, witnessed by the UN Secretary-General, which will permanently delimit their maritime boundaries and establish a special regime over the Greater Sunrise gas fields in the Timor Sea. Not only does this Treaty represent an important milestone in the relationship between the two States, it also marks the successful conclusion of the first-ever conciliation conducted under the dispute resolution provisions of the UN Convention on the Law of the Sea (unclos). How this untested process led to the ending of the long-running and complex dispute over maritime delimitation in the Timor Sea merits further consideration. This article will provide an Australian perspective on these historic proceedings, focussing on how the process led to a positive outcome for the Parties and the key features of the agreement reached. We will begin by outlining briefly the background to the dispute between Australia and Timor-Leste. We will then consider the nature of the conciliation provisions of unclos, and what makes them unique. We will then explore some of the procedural aspects of the Timor-Leste/Australia Conciliation which led to a successful outcome in the proceedings. Finally, we will outline the key elements of the agreement reached between the Parties.
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Goss, Richard. "Recent maritime work of the Australian Prices Surveillance Authority." Maritime Policy & Management 19, no. 1 (March 1992): 1–17. http://dx.doi.org/10.1080/03088839200000001.

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Martínez Gutiérrez, Norman A. "New Global Limits of Liability for Maritime Claims." International Community Law Review 15, no. 3 (2013): 341–57. http://dx.doi.org/10.1163/18719732-12341256.

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Abstract The current international regime regulating global limitation of liability for maritime claims is based on the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC Convention) as amended by the 1996 Protocol thereto. This Protocol, in an effort to promote expediency, introduced an efficient system for the updating of the limits of liability through the adoption of a tacit acceptance procedure. In accordance with this procedure, and based on an Australian proposal, the International Maritime Organization (IMO) Legal Committee adopted new limits of liability for maritime claims through Resolution LEG.5(99) of 19 April 2012. This paper thus outlines the limits of liability set out in the 1996 LLMC Protocol and then discusses briefly the new limits of liability adopted by the Legal Committee through the tacit acceptance procedure. The paper also highlights the outstanding issues which are yet to be discussed by the Legal Committee in its future work.
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Darbra, R. M., J. F. E. Crawford, C. W. Haley, and R. J. Morrison. "Safety culture and hazard risk perception of Australian and New Zealand maritime pilots." Marine Policy 31, no. 6 (November 2007): 736–45. http://dx.doi.org/10.1016/j.marpol.2007.02.004.

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Dissertations / Theses on the topic "Australian maritime law"

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au, k. lewins@murdoch edu, and Kate Lewins. "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.

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The trade of shipping is necessarily international in nature. Courts and international bodies often express the need to ensure international consistency in matters of maritime law. However, it has been an extremely difficult goal to achieve. Many countries have refused to be party to international conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those conventions, or seek to improve the protection offered by the conventions. The domestic law of each country also adds its own flavour to shipping law as recognised and applied by the courts in that jurisdiction. In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in corporate and commercial law. However, its impact on maritime law on Australia has only been felt over the last 10 – 15 years. It is potentially relevant to many areas of maritime law, including carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the TPA on a number of different areas of shipping law, using the few case examples on offer and extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite the TPA’s status as a mandatory statute within Australia. Raised at various points in the thesis is the possibility of law reform, which is a complex compendium of issues overlaid with a moral dimension – does shipping, as an industry, deserve to be exempted from the operation of the Act which sets a high standard of corporate behaviour? If so, how could that reform be shaped? In the meantime, what steps can the shipping industry take to work within the legal framework of the TPA?
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Bannon, Matthew. "The evolution of the role of Australian customs in maritime surveillance and border protection." Access electronically, 2007. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20080916.155511/index.html.

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Lewins, Kate. "The Trade Practices Act (Cth) 1974 and its impact on maritime law in Australia /." Access via Murdoch University Digital Theses Project, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.

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Lewins, Kate. "The Trade Practices Act (Cth) 1974 and its impact on maritime law in Australia." Lewins, Kate (2009) The Trade Practices Act (Cth) 1974 and its impact on maritime law in Australia. PhD thesis, Murdoch University, 2009. http://researchrepository.murdoch.edu.au/484/.

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The trade of shipping is necessarily international in nature. Courts and international bodies often express the need to ensure international consistency in matters of maritime law. However, it has been an extremely difficult goal to achieve. Many countries have refused to be party to international conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those conventions, or seek to improve the protection offered by the conventions. The domestic law of each country also adds its own flavour to shipping law as recognised and applied by the courts in that jurisdiction. In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in corporate and commercial law. However, its impact on maritime law on Australia has only been felt over the last 10 - 15 years. It is potentially relevant to many areas of maritime law, including carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the TPA on a number of different areas of shipping law, using the few case examples on offer and extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite the TPA's status as a mandatory statute within Australia. Raised at various points in the thesis is the possibility of law reform, which is a complex compendium of issues overlaid with a moral dimension - does shipping, as an industry, deserve to be exempted from the operation of the Act which sets a high standard of corporate behaviour? If so, how could that reform be shaped? In the meantime, what steps can the shipping industry take to work within the legal framework of the TPA?
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Binns, Andrew. "Defining a marine cadastre : legal and institutional aspects /." Connect to thesis, 2004. http://eprints.unimelb.edu.au/archive/00001042.

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Searle, Deane. "Low Intensity Conflict: Contemporary Approaches and Strategic Thinking." The University of Waikato, 2007. http://hdl.handle.net/10289/2591.

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Low Intensity Conflict (LIC) is a significant feature of the contemporary world and it is a particular challenge to the armed forces of many states which are involved is such conflict, or are likely to become so. This thesis is not concerned with how such difficult conflict situations arise. Rather it is concerned with how, from the point of view of the state, they may be contained and ultimately brought to a satisfactory resolution. The work is thus concerned with the practicalities of ending LIC. More specifically, the purpose of this research is to establish a framework of doctrinal and military principles applicable to the prevention and resolution of LIC. The principles of this thesis are based in numerous historical examples of LIC and six in depth case studies. These distilled principles are analysed in two central chapters, and are then applied in two latter defence force chapters so as to ensure there practicality and resilience. Numerous defence academics and military practitioners have been consulted in the production of this thesis; their contribution has further reinforced the functionality of the principles examined in this research. The research illustrates the criticality of a holistic approach to LIC. The function of this approach is to guarantee the stability of the sovereign state, by unifying civil, police, intelligence and military services. The effectiveness of the military elements must also be ensured, as military force is central to the suppression of LIC. Consequently, the research makes strategic and operational prescriptions, so as to improve the capability of defence forces that are concerned with preventing or resolving LIC.
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Books on the topic "Australian maritime law"

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Australian coastal and marine law. Annandale, N.S.W: Federation Press, 2011.

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Butler, D. A. Maritime law in Australia. Redfern, Australia: Legal Books, 1992.

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Australia's maritime boundaries. Canberra: Dept. of International Relations, Australian National University, 1985.

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Kaye, Stuart B. Australia's maritime boundaries. Wollongong, Australia: Centre for Maritime Policy, University of Wollongong, 1995.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia. Sydney: Federation Press, 1997.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia and New Zealand. 2nd ed. Sydney: Federation Press, 2003.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Australian Maritime Law. Federation Press, 2000.

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Book chapters on the topic "Australian maritime law"

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Violeta, Moreno-Lax. "Part IV Access to Protection and International Responsibility-Sharing, Ch.26 Protection at Sea and the Denial of Asylum." In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0027.

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This chapter grapples with the vexed issue of protection at sea, unpacking destination States’ practices of interdiction and their justification on purported humanitarian grounds. After introducing the rules governing interdiction powers and the obligation to render assistance to persons in distress, it problematizes the instrumentalization of maritime rescue, based on the supposed benevolent effect of ‘stopping the boats’ as a means to ‘save lives’. Two competing yet complementary dynamics are detected and critiqued. First, while destination States inflate their policing competence through reliance on rescue rhetoric and intervene beyond prerogatives explicitly recognized in the law of the sea, they tend to maintain minimalistic constructions of the associated concepts of ‘distress’ or ‘place of safety’ to reduce the scope of their legal responsibilities. Thus, secondly, they deflate their rescue duties and detach them from related international protection obligations, either by deflecting them to third countries or by negating them altogether. Drawing on examples from the US Caribbean interdiction programme, the Australian ‘Pacific Strategy’, and the mare clausum approach favoured in the Mediterranean, the chapter traces the shift from direct to indirect forms of interdiction, increasingly performed by third countries or private actors, culminating in practices of interdiction by omission, which not only tolerate but purposively embed the risk of death as part of the migration control toolbox of destination States. The final effect is one that paradoxically transforms rescue into an interdiction tool that denies access to asylum to ‘boat migrants’.
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Symes, Christopher, and Jeffrey Fitzpatrick. "National Report for Australia." In Treatment of Contracts in Insolvency. Oxford University Press, 2013. http://dx.doi.org/10.1093/oso/9780199668366.003.0001.

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Australia’s contract law is an amalgam of common law rules, equitable principles, and statute law. Its genesis lay in centuries of development of these three branches of English law. Principles of modern contract law had their roots in the rise of English maritime law during the sixteenth century. In 1788, England established a penal colony at Sydney Cove, seeding the colony of New South Wales. At that moment, all existing English contract law simply flowed into this ‘new’ land as intellectual baggage. Slowly Anglo Australia’s legal and legislative framework evolved from a patchwork of distinct English colonies into a commonwealth of Federal, State, and Territory Governments. The gloss of contract law took on an increasingly antipodean sheen. This resultant ‘system’ of law is a complex relationship between common law, equity, and Federal, State, and Territory legislation. Throughout this chapter we shall use the term ‘general law’ to mean the principles and rules of common law and equity.
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"Australia." In Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime. Hart Publishing, 2020. http://dx.doi.org/10.5040/9781509936014.ch-007.

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Dean, Peter J. "To the Jungle Shore." In The Sea and the Second World War, 171–201. University Press of Kentucky, 2019. http://dx.doi.org/10.5810/kentucky/9781949668049.003.0008.

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Amphibious warfare was critical to the success of Allied forces in the South West Pacific Area (SWPA) during the Pacific War. However, at the beginning of the war both the Australian and United States forces in the SWPA had little knowledge, expertise, or experience in this form of warfare. This chapter by Peter J. Dean traces the development of amphibious warfare in the SWPA through organization, training, tactics, doctrine, and operations. While focusing on the Australian experience and highlighting the evolution of capabilities between 1942-45 through an analysis of the assaults on Lae (1943) and Balikpapan (1945), it contextualizes this experience within General Douglas MacArthur's maritime strategy and the friction inherent in combined amphibious operations in this theater. The chapter highlights the evolution of the Australian Army from a force almost totally unfamiliar with the practice of amphibious operations to one which, in combination with its United States coalition partner, becomes a practitioner par excellence in this form of warfare.
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Conference papers on the topic "Australian maritime law"

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Sun, Kevin, Terry Summers, Samira Janghorban, and Hugh Torresan. "Modelling Multi-phase, Low-speed Permanent Magnet Machines for Maritime Propulsion Applications." In 2019 29th Australasian Universities Power Engineering Conference (AUPEC). IEEE, 2019. http://dx.doi.org/10.1109/aupec48547.2019.211838.

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Babanin, Alexander V. "Wave-Induced Turbulence, Linking Metocean and Large Scales." In ASME 2020 39th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/omae2020-18373.

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Abstract Until recently, large-scale models did not explicitly take account of ocean surface waves which are a process of much smaller scales. However, it is rapidly becoming clear that many large-scale geophysical processes are essentially coupled with the surface waves, and those include ocean circulation, weather, Tropical Cyclones and polar sea ice in both Hemispheres, climate and other phenomena in the atmosphere, at air/sea, sea/ice and sea/land interface, and many issues of the upper-ocean mixing below the surface. Besides, the wind-wave climate itself experiences large-scale trends and fluctuations, and can serve as an indicator for changes in the weather climate. In the presentation, we will discuss wave influences at scales from turbulence to climate, on the atmospheric and oceanic sides. At the atmospheric side of the interface, the air-sea coupling is usually described by means of the drag coefficient Cd, which is parameterised in terms of the wind speed, but the scatter of experimental data with respect to such dependences is very significant and has not improved noticeably over some 40 years. It is argued that the scatter is due to multiple mechanisms which contribute into the sea drag, many of them are due to surface waves and cannot be accounted for unless the waves are explicitly known. The Cd concept invokes the assumption of constant-flux layer, which is also employed for vertical profiling of the wind measured at some elevation near the ocean surface. The surface waves, however, modify the balance of turbulent stresses very near the surface, and therefore such extrapolations can introduce significant biases. This is particularly essential for buoy measurements in extreme conditions, when the anemometer mast is within the Wave Boundary Layer (WBL) or even below the wave crests. In this presentation, field data and a WBL model are used to investigate such biases. It is shown that near the surface the turbulent fluxes are less than those obtained by extrapolation using the logarithmic-layer assumption, and the mean wind speeds very near the surface, based on Lake George field observations, are up to 5% larger. The dynamics is then simulated by means of a WBL model coupled with nonlinear waves, which revealed further details of complex behaviours at wind-wave boundary layer. Furthermore, we analyse the structure of WBL for strong winds (U10 > 20 m/s) based on field observations. We used vertical distribution of wind speed and momentum flux measured in Topical Cyclone Olwyn (April 2015) in the North-West shelf of Australia. A well-established layer of constant stress is observed. The values obtained for u⁎ from the logarithmic profile law against u⁎ from turbulence measurements (eddy correlation method) differ significantly as wind speed increases. Among wave-induced influences at the ocean side, the ocean mixing is most important. Until recently, turbulence produced by the orbital motion of surface waves was not accounted for, and this fact limits performance of the models for the upper-ocean circulation and ultimately large-scale air-sea interactions. While the role of breaking waves in producing turbulence is well appreciated, such turbulence is only injected under the interface at the vertical scale of wave height. The wave-orbital turbulence is depth-distributed at the scale of wavelength (∼10 times the wave height) and thus can mix through the ocean thermocline in the spring-summer seasons. Such mixing then produces feedback to the large-scale processes, from weather to climate. In order to account for the wave-turbulence effects, large-scale air-sea interaction models need to be coupled with wave models. Theory and practical applications for the wave-induced turbulence will be reviewed in the presentation. These include viscous and instability theories of wave turbulence, direct numerical simulations and laboratory experiments, field and remote sensing observations and validations, and finally implementations in ocean, Tropical Cyclone, ocean and ice models. As a specific example of a wave-coupled environment, the wave climate in the Arctic as observed by altimeters will be presented. This is an important topic for the Arctic Seas, which are opening from ice in summer time. Challenges, however, are many as their Metocean environment is more complicated and, in addition to winds and waves, requires knowledge and understanding of ice material properties and its trends. On one hand, no traditional statistical approach is possible since in the past for most of the Arctic Ocean there was limited wave activity. Extrapolations of the current trends into the future are not feasible, because ice cover and wind patterns in the Arctic are changing. On the other hand, information on the mean and extreme wave properties is of great importance for oceanographic, meteorological, climate, naval and maritime applications in the Arctic Seas.
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