Journal articles: 'Australian maritime law'

1

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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Bateman, Sam, and Anthony Bergin. "New challenges for maritime security in the Indian Ocean – an Australian perspective." Journal of the Indian Ocean Region 7, no. 1 (June 2011): 117–25. http://dx.doi.org/10.1080/19480881.2011.587335.

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Haward, Marcus. "Australian Journal of Maritime and Ocean Affairs: reflections on forty years." Australian Journal of Maritime & Ocean Affairs 13, no. 3 (July 3, 2021): 147–49. http://dx.doi.org/10.1080/18366503.2021.1894794.

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Barnes, Richard. "Refugee Law At Sea." International and Comparative Law Quarterly 53, no. 1 (January 2004): 47–77. http://dx.doi.org/10.1093/iclq/53.1.47.

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Coping with refugees arriving by sea is a problem that has existed for a number of years.1 Throughout this period the crux of the matter has remained the same, reconciling the humanitarian plight of refugees and asylum-seekers with the destination States' concerns about illegal immigration, mass migrations of people, and the costs of asylum. The boarding of the Tampa by Australian SAS troops in August 2001, in order to prevent the disembarkation of 433 asylum-seekers on Christmas Island, has once again brought into sharp focus the acute tension created between competing legal norms, and between moral and legal considerations. What are the rights of vessels and people in distress under the 1982 Convention on the Law of the Sea and other maritime agreements? How do commercial considerations affect the obligation to assist those in distress at sea? What are the rights of refugees under the 1951 Refugee Convention and other human rights instruments? What are the powers of a coastal State to protect itself from threats to national security in its coastal waters? This article examines the legal obligations incumbent upon coastal States and flag States in respect of asylum-seekers rescued at sea and seeks to answer these questions. It goes on to suggest that the law in respect of search, rescue, and refuge is highly unsatisfactory because a number of key obligations are poorly defined and inadequately implemented. It alsoseems clear that insufficient weight is given to humanitarian considerations. Finally, consideration is given to possible solutions to the problem.

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Gullett, Warwick, and Clive Schofield. "Pushing the Limits of the Law of the Sea Convention: Australian and French Cooperative Surveillance and Enforcement in the Southern Ocean." International Journal of Marine and Coastal Law 22, no. 4 (2007): 545–83. http://dx.doi.org/10.1163/157180807782512224.

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AbstractThis article examines recent steps taken by Australia and France to combat illegal fishing in their claimed maritime zones of jurisdiction around their adjacent sub-Antarctic island territories. These steps comprise operational responses and legal developments, including the conclusion of two bilateral treaties on cooperative surveillance and enforcement. Geographical and legal problems associated with addressing the illegal fishing threat in the Southern Ocean are highlighted. It is concluded that when they come to be tested by international legal authorities, some of the more innovative legal measures under discussion are likely to be appraised as being in conflict with some provisions of the United Nations Convention on the Law of the Sea.

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15

Pope, Mick, Christian Jakob, and Michael J. Reeder. "Convective Systems of the North Australian Monsoon." Journal of Climate 21, no. 19 (October 1, 2008): 5091–112. http://dx.doi.org/10.1175/2008jcli2304.1.

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Abstract The climatology of convection over northern Australia and the surrounding oceans, based on six wet seasons (September–April), is derived from the Japanese Meteorological Agency Geostationary Meteorological Satellite-5 (GMS-5) IR1 channel for the years from 1995/96 to 2000/01. This is the first multiyear study of this kind. Clouds are identified at two cloud-top temperature thresholds: 235 and 208 K. The annual cycle of cloudiness over northern Australia shows an initial (October–November) buildup over the Darwin region before widespread cloudiness develops over the entire region during the monsoon months (December–February), followed by a northward contraction during March and April. Tracking mesoscale convective systems (MCSs) reveals that both the size of the cloud systems and their lifetimes follow power-law distributions. For short-lived MCSs (less than 12 h), the initial expansion of the cloudy area is related to the lifetime, with mergers important for long-lived MCSs (greater than 24 h). During periods of deep zonal flow, which coincide with the active phase of the monsoon, the number of convective elements in the Darwin region peaks in the early afternoon, which is characteristic of the diurnal cycle over land. In contrast, when the zonal flow is deep and easterly and the monsoon is in a break phase, the areal extent of the convective elements in the Darwin region is greatest in the late morning, which is more typical of maritime convection.

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Crock, Mary. "SHADOW PLAYS, SHIFTING SANDS AND INTERNATIONAL REFUGEE LAW: CONVERGENCES IN THE ASIA-PACIFIC." International and Comparative Law Quarterly 63, no. 2 (March 6, 2014): 247–80. http://dx.doi.org/10.1017/s0020589314000050.

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AbstractWhile many Australians continue to see their roots in Western Europe, in matters concerning human rights and immigration control, Australia's culture and attitudes over time have become more closely aligned with those of States in its immediate geographical region. The trend finds obvious expression in the convergence of laws and policies governing the treatment of asylum seekers. This article uses as a case study various efforts made to establish regional frameworks for the management of irregular (forced) migration. The author argues that Australia's reversion to deflection and offshore processing as deterrent measures resonates with the discourse in two States that have been closely associated with the new ‘arrangements’: Malaysia and Indonesia. Australia's policies make express reference to laws and State behaviour in the region through what has been labelled the ‘no advantage’ principle governing Australia's treatment of asylum seekers presenting as unauthorized maritime arrivals (UMAs). The central idea is that these asylum seekers should gain no material advantage by reaching Australia in comparison with the situation they would face if their claims were processed in States of first refuge. If the comparators are the refugee-receiving States around Australia, the policy has to play out in the degradation of terms and conditions faced by UMAs in Australia. In the area of human rights and refugee policy, the author argues that Australia should be doing more to distinguish itself as a leader rather than follow the (generally poor) practices of its neighbours.

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17

Bulstrode, Jenny. "Cetacean citations and the covenant of iron." Notes and Records: the Royal Society Journal of the History of Science 73, no. 2 (November 14, 2018): 167–85. http://dx.doi.org/10.1098/rsnr.2018.0033.

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By the early decades of the nineteenth century, with surveys established as the weapon of choice for the fiscal military state, their instrumentation provided a focal point for radical attacks on political establishments. This paper considers a notorious dispute over mastery of iron in the instrumentation of magnetic surveying that took place in the 1830s between an Admiralty committee and the Reverend William Scoresby, a whaler-turned-clergyman. Scoresby staked his claim by drawing on the labour law of the whaleboats, a culture peculiarly preoccupied with the properties of bone and blubber, ink and skin, parchment and iron, where magnetism was forged in the ‘combinations’, as Scoresby put it, of such specific materials. The enterprises of his most avid reader, peer and fellow labour rights activist, Herman Melville, showcase the salience of Scoresby's struggle with Admiralty authority. The eminent Australian scholar Greg Dening's approach to ethnohistory proves the appropriate instrument with which to analyse such an encounter between traditions, negotiated through material forms. In the fraught exchange between whaler and maritime state, the combination laws that helped prompt the threat of revolution in early nineteenth-century Britain were translated into Scoresby's iron. Extant material and archival collections in Greenwich and Whitby offer traces of a battle between ways of knowing this protean metal: ‘not down in any map; true places never are’.

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Sheehy, Jeffrey. "Law and Diplomacy, Sovereignty and Consent." Asia-Pacific Journal of Ocean Law and Policy 6, no. 1 (June 24, 2021): 5–39. http://dx.doi.org/10.1163/24519391-06010002.

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Abstract This article reflects on the first-ever compulsory conciliation under the law of the sea and its significance to international law and diplomacy. The conditions for ending the dispute between Timor-Leste and Australia were only created through a genuine combination of both law and diplomacy as facilitated by an expert commission. Through successive milestones, the United Nations Convention on the Law of the Sea (unclos) conciliation framework and the conciliation commission itself, was able to successfully shift the reluctant State (Australia) from resistance, to engagement, and ultimately, to resolution. The conciliation also showed how Timor-Leste’s sovereign interpretation of maritime rights under international law was a compelling argument in the context of historical factors and its self-determination. Ultimately, a treaty was agreed through the conciliation despite competing views of international law’s relationship to diplomacy and indeed on maritime boundary delimitation methodology itself. A reflection on this triumph of the liberal international order is beneficial for both Timor-Leste and Australia as they seek further cooperation under the new treaty, and for other States facing entrenched disputes as well.

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Schofield, Clive, Martin Tsamenyi, and Mary Ann Palma. "Securing Maritime Australia: Developments in Maritime Surveillance and Security." Ocean Development & International Law 39, no. 1 (February 5, 2008): 94–112. http://dx.doi.org/10.1080/00908320701831922.

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Pikas, Bohdan, and Anastasia Pikas. "Global Trade, Admiralty Law And Zero Sum Games." Journal of Business Case Studies (JBCS) 5, no. 3 (June 24, 2011): 45. http://dx.doi.org/10.19030/jbcs.v5i3.4707.

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A shipment of heavy sand from Australia was contaminated by sea water during a hurricane. Upon examination of the ships hold hatches, it was determined by the consignee that the hold hatches were in poor repair and faulty. Immediate compensation for the insurance deductible and shipping expense was demanded of the ships owners. Claiming an act of God under Admiralty Law, the ships owner refused payment. Upon consultation with maritime attorneys, the consignee decided to apply a provision of maritime law and arrest the ship to force payment.

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Churchill, Robin. "Dispute Settlement in the Law of the Sea: Survey for 2018." International Journal of Marine and Coastal Law 34, no. 4 (November 4, 2019): 539–70. http://dx.doi.org/10.1163/15718085-23441112.

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AbstractThis is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2018. The most significant developments during the year were the judgment of the International Court of Justice in Costa Rica v. Nicaragua, delimiting the maritime boundaries between the two States’ overlapping maritime zones in both the Caribbean Sea and the Pacific Ocean; the report of the Conciliation Commission concerning maritime boundary arrangements between Timor-Leste and Australia; and the findings of a dispute settlement body of the South Pacific Regional Fisheries Management Organization.

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Exposto, Elizabeth. "The Timor Sea Conciliation and Treaty: Timor-Leste’s Perspective." Australian Year Book of International Law 36, no. 1 (October 1, 2019): 43–57. http://dx.doi.org/10.1163/26660229_03601004.

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Abstract The delimitation of maritime boundaries between Timor-Leste and Australia was a historic process initiated under the compulsory conciliation mechanism in the UN Convention on the Law of the Sea. The resulting Treaty between the Democratic Republic of Timor-Leste and Australia Establishing their Maritime Boundaries in the Timor Sea (‘Timor Sea Treaty’) reflects a remarkable achievement for the young nation of Timor-Leste in securing its sovereign maritime rights. This contribution examines the historical context which led to the Timor Sea Treaty, the challenges faced during the negotiation process, and the significance of the Timor Sea Treaty to the renewed relationship between the two countries.

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Kaye, Stuart, and Donald R. Rothwell. "Australia's antarctic maritime claims and boundaries." Ocean Development & International Law 26, no. 3 (January 1995): 195–226. http://dx.doi.org/10.1080/00908329509546060.

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Churchill, Robin. "Dispute Settlement in the Law of the Sea: Survey for 2014." International Journal of Marine and Coastal Law 30, no. 4 (November 23, 2015): 585–653. http://dx.doi.org/10.1163/15718085-12341372.

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This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. The main development during 2014 was the delivery of four judgments—two by the International Court of Justice (one concerning maritime boundary delimitation between Peru and Chile, the other the Whaling case between Australia and Japan); one by the International Tribunal for the Law of the Sea, concerning the arrest and detention of a Panamanian vessel by Guinea-Bissau; and one by an Annex vii arbitral tribunal, concerning delimitation of the maritime boundary between Bangladesh and India. In addition, the dispute between Denmark (in respect of the Faroe Islands) and the European Union over the management of a shared stock of Atlanto-Scandian herring was settled; and judicial proceedings in three new cases (all concerning maritime boundary delimitation) were initiated. These and other developments are reviewed in detail.

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Karim, Md Saiful. "Australia's engagement in the International Maritime Organisation for Indo-Pacific Maritime Security." Ocean & Coastal Management 185 (March 2020): 105032. http://dx.doi.org/10.1016/j.ocecoaman.2019.105032.

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Vidas, Davor, David Freestone, and Jane McAdam. "International Law and Sea Level Rise." Brill Research Perspectives in the Law of the Sea 2, no. 3 (February 8, 2019): 1–86. http://dx.doi.org/10.1163/24519359-12340006.

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AbstractThis issue contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018.In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Also, the background for the establishment of the Committee is explained, drawing on: (a) conclusions of the ILA Committee on Baselines and the related ILA Resolution 1/2012; (b) scientific assessments, such as by the Intergovernmental Panel on Climate Change (IPCC), regarding on-going sea level change and projections of future rise; and (c) more broadly, scientific findings regarding the profound changes taking place in the Earth system since the mid-20th century and predictions for their acceleration in the course of the 21st century. All of this has prompted the need, and provided the Committee with the relevant context, for the study of the options and elaboration of proposals for the development of international law.Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. This includes the study of the effects of sea level rise on the limits of maritime zones, and the analysis of the subsequently emerging State practice regarding the maintenance of their existing lawful maritime entitlements. The guiding consideration in developing the proposals and recommendations by the Committee for the interpretation and development of international law regarding the maritime limits and boundaries impacted by sea level rise has been the need to avoid uncertainty and, ultimately, facilitate orderly relations between States and contribute to the maintenance of international peace and security. A related ILA Resolution 5/2018 addresses maritime limits and boundaries impacted by sea level rise.Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise. The notion of ‘human mobility’ is used as an umbrella term that refers to all relevant forms of the movement of persons and, in the context of this report, covers displacement (which is forced), migration (which is predominantly voluntary), planned relocation and evacuations (which both may be forced or voluntary). This part of the report takes the form of principles entitled the ‘Sydney Declaration of Principles on the Protection of Persons Displaced in the Context of Sea Level Rise’ with commentaries. Accordingly, ILA Resolution 6/2018, which also contains the Sydney Declaration of Principles, addresses the protection of persons displaced in the context of sea level rise and contains recommendations by the Committee to this effect.

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Klein, Natalie. "A CASE FOR HARMONIZING LAWS ON MARITIME INTERCEPTIONS OF IRREGULAR MIGRANTS." International and Comparative Law Quarterly 63, no. 4 (October 2014): 787–814. http://dx.doi.org/10.1017/s0020589314000360.

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AbstractMaritime interceptions continue as a fundamental dimension to external border controls against irregular migration, as seen most recently in Australia's institution of Operation Sovereign Borders in late 2013. The practice of developed States has highlighted the varied application and interpretation of four bodies of international law: the law of the sea, search and rescue obligations, refugee obligations and international human rights law. This article assesses this practice and the use of laws, highlighting the fragmentation of international law that has resulted. A proposal is presented to harmonize these laws and reconcile the divergent policy perspectives of different stakeholders.

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Corrin, Jennifer. "On the Borderline: Who Is a “Traditional Inhabitant” under the Torres Strait Treaty?" Law and Development Review 13, no. 1 (February 25, 2020): 1–29. http://dx.doi.org/10.1515/ldr-2019-0002.

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AbstractThe Torres Strait Treaty between Australia and Papua New Guinea (“PNG”) came into force in 1985. This unique treaty, which defines the maritime, seabed and fisheries boundaries between Australia and PNG, is recognised as one of the most complex, but imaginative maritime delimitation solutions in existence. The Treaty creates a Protected Zone with a view to safeguarding the traditional way of life and livelihood of traditional inhabitants of the Torres Strait and adjacent coast of PNG. Traditional inhabitants are allowed relatively unrestricted cross-border movement into the Protected Zone for the purpose of performing traditional activities. “Traditional inhabitants” are defined by the treaty, but the relevant provision is ambiguous and the question of who is within the terms of the Treaty is highly contentious. The problem is exacerbated by the competing layers of law which govern the Strait and surrounding Borderlands, and by the dissonance between State law, customary laws, and the practical application of the Treaty. This paper looks at the meaning of “traditional inhabitants” and some of the other issues surrounding this question.

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Hamilton, Neil T. M., and K. D. Cocks. "A small-scale spatial analysis system for maritime Australia." Ocean & Coastal Management 27, no. 3 (January 1995): 163–95. http://dx.doi.org/10.1016/0964-5691(95)00020-8.

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Sundaramurthy, Asha. "THE CHINA FACTOR IN INDIA-AUSTRALIA MARITIME COOPERATION." Asian Affairs 51, no. 1 (January 2, 2020): 169–88. http://dx.doi.org/10.1080/03068374.2019.1706350.

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Billings, Peter. "Irregular Maritime Migration and the Pacific Solution Mark II: Back to the Future for Refugee Law and Policy in Australia?" International Journal on Minority and Group Rights 20, no. 2 (2013): 279–305. http://dx.doi.org/10.1163/15718115-02002007.

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Following a rise in the number of irregular maritime arrivals seeking refugee protection in Australia, and two successful legal challenges to their refugee processing policies, the Labor Government has resuscitated notorious aspects of the ‘Pacific Solution’ as part of a ‘no advantage’ policy. This strategy seeks to deter ‘irregular’ asylum seekers by treating them no more favourably than refugees seeking protection from overseas awaiting entry to Australia through regular refugee/humanitarian channels. In furtherance of this ‘no advantage’ policy, extra-territorial processing on Nauru and Papua New Guinea has been re-introduced and ‘excision’ provisions are to be extended to mainland Australia placing the continent outside of its ‘migration zone’ and, therefore, asylum seekers beyond the regular laws and processes for protection seekers. This article analyses the seismic shifts in asylum seeker policy that have occurred in Australia over the recent past and the politics underpinning them.

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Forbes, Andrew. "Book Review: Maritime Security: International Law and Policy Perspectives from Australia and New Zealand." International Journal of Maritime History 22, no. 2 (December 2010): 476–78. http://dx.doi.org/10.1177/0843871410022002102.

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Cordner, Lee. "A maritime school of strategic thought for Australia: perspectives." Journal of the Indian Ocean Region 10, no. 1 (January 2, 2014): 124–26. http://dx.doi.org/10.1080/19480881.2014.882116.

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Schofield, Clive. "Minding the Gap: The Australia–East Timor Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS)." International Journal of Marine and Coastal Law 22, no. 2 (2007): 189–234. http://dx.doi.org/10.1163/157180807781361520.

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AbstractThe intertwined issues of the delimitation of maritime boundaries and the division of the resources, particularly petroleum resources, of the Timor Sea have served as a persistent irritant in bilateral relations between Australia and East Timor since the latter's independence in 2002. In 2003 an International Unitization Agreement for the Greater Sunrise complex of fields was signed. This was followed by the conclusion in 2006 of the Treaty on Certain Maritime Arrangements in the Timor Sea. The subsequent entry into force of these agreements, in February 2007, appears to resolve this contentious dispute, at least for the foreseeable future. This article explores the background to the dispute and positions of the parties, traces the progress of negotiations towards its interim resolution and then assesses the agreements themselves. It is concluded that while the agreements are, on balance, somewhat more favourable to Australia than to East Timor, they can still be viewed as beneficial to both parties.

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Letts, David, Rob McLaughlin, and Hitoshi Nasu. "Maritime Law Enforcement and the Aggravation of the South China Sea Dispute: Implications for Australia." Australian Year Book of International Law Online 34, no. 1 (2017): 53–63. http://dx.doi.org/10.1163/26660229-034-01-900000006.

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Djoumessi, Armand, Shu-Ling Chen, and Stephen Cahoon. "Factors influencing innovation in maritime clusters: An empirical study from Australia." Marine Policy 108 (October 2019): 103558. http://dx.doi.org/10.1016/j.marpol.2019.103558.

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Prescott, Victor. "The Problems of Completing Maritime Boundary Delimitation between Australia and Indonesia." International Journal of Marine and Coastal Law 10, no. 3 (1995): 389–96. http://dx.doi.org/10.1163/157180895x00141.

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Bankes, Nigel. "Settling the maritime boundaries between Timor-Leste and Australia in the Timor Sea." Journal of World Energy Law & Business 11, no. 5 (September 26, 2018): 387–409. http://dx.doi.org/10.1093/jwelb/jwy021.

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Sale, M. G., S. J. Ward, and J. P. Y. Arnould. "Aspects of the ecology of swamp antechinus (Antechinus minimus maritimus) on a Bass Strait island." Wildlife Research 33, no. 3 (2006): 215. http://dx.doi.org/10.1071/wr05051.

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The swamp antechinus (Antechinus minimus maritimus) is a small insectivorous marsupial inhabiting closed heath and tussock grassland in south-eastern Australia. The species is considered ‘Near Threatened’ on the Australian mainland. Populations persist on coastal islands off Wilsons Promontory, but their current status is unknown. This study investigated the density, diet and reproduction of the swamp antechinus on Kanowna Island. Data were collected by live trapping in different vegetation types during four trips between August 2003 and January 2004. Higher animal densities (47–129 ha–1) were found for Kanowna Island than for previously studied mainland populations (1–18 ha–1). Examination of scats showed that this species eats a wide variety of prey types, with moth larvae a major dietary component, particularly during the breeding season. Births were estimated to have occurred between 28 June and 8 August, which is a longer period than reported for other populations of this species. Factors including reduced predation, restricted dispersal and increased food availability may be responsible for supporting this dense population.

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Herriman, Max, and Martin Tsamenyi. "The 1997 Australia‐Indonesia maritime boundary treaty: A secure legal regime for offshore resource development?" Ocean Development & International Law 29, no. 4 (January 1998): 361–97. http://dx.doi.org/10.1080/00908329809546132.

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Tamada, Dai. "The Timor Sea Conciliation: The Unique Mechanism of Dispute Settlement." European Journal of International Law 31, no. 1 (February 2020): 321–44. http://dx.doi.org/10.1093/ejil/chaa025.

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Abstract The maritime boundary dispute between Timor-Leste and Australia was submitted to the compulsory conciliation procedure under the United Nations Convention on the Law of the Sea (UNCLOS). This is the first instance of conciliation, whether voluntary or compulsory, under UNCLOS. The Timor Sea conciliation led to the successful settlement of the long-standing deadlock between the parties that had hitherto not been settled by negotiation and had no possibility of being settled by litigation (within, for example, International Tribunal for the Law of the Sea or International Court of Justice proceedings) or arbitration (within the context of an UNCLOS Annex VII tribunal). This article aims to elucidate the unique mechanism of conciliation and, to this end, analyses both the procedural particularities of conciliation under UNCLOS and the substantive considerations in conciliation proceedings. The author places emphasis, in particular, on the fundamental importance of the economic factor in the Timor Sea maritime delimitation – namely, the sharing ratio of the natural resources in the Greater Sunrise gas fields. Being a definitive factor for the success of this conciliation, it was the economics of this dispute that incentivized the parties to compromise and settle. Furthermore, given that conciliation is a most elucidating piece in the rather complicated puzzle that is the UNCLOS dispute settlement mechanism, the Timor Sea conciliation offers valuable insights into this mechanism.

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Williamson, Hugh R. "N. Klein, J. Mossop, and D.R. Rothwell (eds.), Maritime Security: International Law and Policy Perspectives from Australia and New Zealand." Ocean Yearbook Online 25, no. 1 (2011): 489–93. http://dx.doi.org/10.1163/22116001-92500023.

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Triggs, G., and D. Bialek. "Current Legal Development: Australia—Australia Withdraws Maritime Disputes from the Compulsory Jurisdiction of the International Court of Justice and the International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 17, no. 3 (September 1, 2002): 423–30. http://dx.doi.org/10.1163/157180802401077090.

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Arifin, Yusuf Nur. "Analysis of Law Enforcement Against Criminal Action on Illegal Fishing (Case Study of MV Hai Fa)." Hang Tuah Law Journal 4, no. 1 (June 10, 2020): 14. http://dx.doi.org/10.30649/htlj.v4i1.146.

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The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (Carcharhinus spp) and hammerhead shark (Sphyrna lewini) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (Carcharhinus spp) and hammerhead sharks (Sphyrna lewini) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No.31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions were adjusted to international law and the material and immaterial losses caused by the crime.

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O’Connor, Clive, Margaret O’Connor, and Thomson Rich O’Connor. "Mabo and the Law of the Sea Convention: State and National Implications in the Changing Position of Australia as an International Maritime State." Maritime Studies 1994, no. 74 (January 1994): 1–15. http://dx.doi.org/10.1080/07266472.1994.10878370.

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Androsova, Svetlana. "Allocation of liabilities between parties involved in shipping LNG from eastern Australia." APPEA Journal 53, no. 2 (2013): 461. http://dx.doi.org/10.1071/aj12072.

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LNG shipping tonnage represents about 400 vessels worldwide and it has high safety records compared with other types of tonnage. Serious attention to the operational safety of LNG vessels is dictated by their high value as assets, substantial time required to build new LNG vessels, limited availability of replacement tonnage on the market, heavy dependence of the LNG supply chain on shipping efficiency and reliability, and high costs of delay in LNG supply. Notwithstanding the high safety record of LNG vessels, shipping is historically considered a high-risk enterprise. Liability of shipowners is usually limited to accommodate navigational risks to achieve reasonable transport costs. Such limitation of liability is stipulated in various legislative acts within local and international maritime law. Liability regimes in different countries and regions vary; consequently, study must be undertaken for each particular port to understand their individual liability regimes. This extended abstract discusses the liability regime for LNG vessels calling to Port Gladstone. For the parties involved in the transport of LNG, including sellers, buyers, charterers, shipowners and port authorities, it is important to understand the liability regime in the LNG loading port to ensure proper risk assessment and management of LNG shipping. There are various tools for such risk management, which may include a combination of insurance arrangements, liability and indemnity agreements, allocation of liabilities and indemnities for shipping and insurance requirements in LNG sale purchase agreements, safety assurance policies and procedures, and the inclusion of special requirements in the port and terminal regulations. This extended abstract provides shipping stakeholders with information on methods of managing risks for potential shipping liabilities.

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Magnusdottir, Rannveig, Barbara A. Wilson, and Pall Hersteinsson. "Dispersal and the influence of rainfall on a population of the carnivorous marsupial swamp antechinus (Antechinus minimus maritimus)." Wildlife Research 35, no. 5 (2008): 446. http://dx.doi.org/10.1071/wr06156.

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Although there is evidence that recent climatic changes have had significant impacts on a wide range of species in the Northern Hemisphere, the influence of climate change, particularly drought, on Australian native small mammal species is poorly understood. In this study we investigated dispersal patterns and the influence of rainfall on the swamp antechinus (Antechinus minimus maritimus). Peak abundance occurred after the highest total annual rainfall for two decades, in 2001. A year later the population had declined to 10% of the peak. Birth dates appeared to occur three weeks earlier following a year of high rainfall. The dispersal of nine litters of pouch young (n = 62) was assessed following two breeding seasons. Young males remained on the natal site until December–January and dispersed before the breeding season. New males entered the population between January and June. More than 50% of females were residents and remained on the site to breed; the remaining females were trapped only once. After the male die-off the movements of pregnant females increased and they appeared to expand their home ranges. A. minimus exhibits philopatry of females and dispersal of males, as observed in other Antechinus species but dispersal occurs 2–3 months after weaning. This contrasts with juveniles of other Antechinus species that disperse abruptly after weaning. This study provides evidence that precipitation does have a major effect on the abundance of dasyurid species, making them vulnerable to drought and local or regional extinctions, particularly in areas of fragmented habitat and drying climates.

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Engelhardt, F. R. "Remote Sensing for Oil Spill Detection and Response." Pure and Applied Chemistry 71, no. 1 (January 1, 1999): 103–11. http://dx.doi.org/10.1351/pac199971010103.

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Introduction: Remote sensing is useful in several modes of oil spill control, including large area surveillance, site specific monitoring and tactical assistance in emergencies. Remote sensing is able to provide essential information to enhance strategic and tactical decision-making, potentially reducing incidence of spills by providing a deterrent factor, decreasing response costs by facilitating rapid oil recovery and ultimately minimising impact. Marine oil spills can be separated into two categories of relevance to the type of remote sensing technology which might be used to detect and respond to the incident. A first category is non-accidental discharges, which can include incidental losses from vessels due to hull or equipment leaks, as well as oil discharged intentionally during deballasting and tank-cleaning activities. While these non-accidental discharges tend to be small in themselves, they are frequent and contribute much more to the overall introduction of oil to the marine environment than accidental spills, and are of increasing international regulatory concern. Accidental spills are much less frequent, but typically involves much larger releases of oil. Such oil spills are high profile events for which rapid and effective emergency response is needed to contain and recover the spilled oil. In many countries, an appropriate and effective response capability is required by law, such as demanded by the Oil Pollution Act of 1990 in the US, as well as by recent amendments to the Canada Shipping Act in Canada. There is a growing recognition that using remote sensing, especially airborne, to aid cleanup response efforts can mitigate the effects of oil on the environment, as well as reduce cleanup costs. Airborne remote sensing sensing in the support of spill response operations has a mixed level of interest by spill responders when viewed globally. In the US, for instance, airborne remote has had varying degrees of success in meeting operational expectations, and thus is not yet fully integrated into national, regional and area response plans and operations. By comparison, the record of successful use in the UK, for instance, is such that remote sensing support is contracted by the UK Coast Guard on a stand-by basis and used routinely when a significant spill occurs. As another example, airborne remote sensing technologies are now being adopted by the Australian Maritime Safety Authority to support its spill response actions. Low altitude aircraft have proven to be the most effective tactical method for obtaining information about spills and assisting in spill response. Combined with accurate oil drift computer model forecasting, these two methods were the primary strategic tools used for environmental response planning during the IXTOC-1 and Arabian Gulf spills, although less useful for guiding tactical operations (Pavia and Payton, 1983; Cekirge et al., 1992). Conversely, essential tactical support was provided by aerial remote sensing for the application of dispersants, a major spill response in the Sea Empress spill in Southwest Wales (Harris, 1997; Lunel et al., 1997). Currently, the use of imaging satellites for spill response is restricted because of limited spatial resolution, slow revisit times and often long delays in receipt of processed image data. The topic of oil spill monitoring by imaging satellites has been reviewed by Bern (1993a,b). There are significant advances being made, however, to increase resolution and coverage, as well as in the speed of image product delivery. Sensing oil on water by satellites appears best suited for routine surveillance purposes. There are synergisms in protecting the environment and property from oil spills which can be achieved by an integrated approach which draws on the remote sensing advantages of airborne and satellite imaging technology. There are many potential users of such remote sensing information, in government and private sector organisations. Government authorities use such information in surveillance, for example in the North and Baltic Seas, detecting spills when they occur and for identification of the spiller, which could be a vessel discharging illegally. Many government organisations also maintain an organised oil spill response capability, which would be supported by remote sensing information in oil spill response operations. The private sector includes the primary oil industry operating globally, and oil transporters, which carry responsibility and potential liability in the event of a spill. Other potential users are oil spill response organisations which might offer a sub-contracted remote sensing capability to their clients. Other private sector groups include the insurers for the shipping industry, who are directly and immediately interested in keeping both the costs of the response and oil spill impact damage as low as possible. The news media is a additional potential user, interested in quality graphical representation of the oil spill, as is true for any disaster event.

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Goh, Elaine. "Clear skies or cloudy forecast?" Records Management Journal 24, no. 1 (March 11, 2014): 56–73. http://dx.doi.org/10.1108/rmj-01-2014-0001.

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Purpose – Using the example of audiovisual materials, this paper aims to illustrate how records-related and archival legislation lags behind advances in technology. As more audiovisual materials are created on the cloud, questions arise about the applicability of national laws over the control, ownership, and custody of data and records. Design/methodology/approach – This paper analyses court cases relating to audiovisual materials in the cloud and archival legislation from three Commonwealth countries: Canada, Australia, and Singapore – representing North America, the Pacific, and Asia respectively. Findings – Current records-related and archival legislation does not effectively address the creation, processing, and preservation of records and data in a cloud environment. The paper identifies several records-related risks linked to the cloud – risks related to the ownership and custody of data, legal risks due to transborder data flow, and risks due to differing interpretations on the act of copying and ownership of audiovisual materials. Research limitations/implications – The paper identifies the need for records professionals to pay greater attention to the implications of the emerging cloud environment. There is a need for further research on how the concept of extraterritoriality and transborder laws can be applied to develop model laws for the management and preservation of records in the cloud. Originality/value – The paper identifies record-related risks linked to the cloud by analyzing court cases and archival legislation. The paper examines maritime law to find useful principles that the archival field could draw on to mitigate some of these risks.

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Nasrullah, Abdul Haseeb Ansari, and Adis Putri Nelaniken. "THE LEGAL PROTECTION OF MARINE ECOSYSTEM FROM CIGARETTE BUTTS POLLUTION IN INDONESIA." IIUM Law Journal 29, no. 1 (June 30, 2021): 129–52. http://dx.doi.org/10.31436/iiumlj.v29i1.558.

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Indonesia is recognized as a country with high potential in maritime resources. However, Indonesia is also known as the second-largest contributor to plastic waste in the ocean. It is estimated that Indonesia contributes around 200,000 tonnes of plastic disposals. The highest pollutant of the plastic product was found to be cigarette butts. The trillions of cigarette butts generate chemical contamination the ocean waters. Chemicals that leach from the cigarette butts are extremely toxic to the aquatic life in the ocean. The marine pollution caused by this contamination was never seriously noticed, even though the huge number of cigarette butts were found in the sea. A grave concern should be shown on the impacts of the cigarette butts to the ocean. The objective of this article is to elaborate on Indonesian law dealing with the issue the cigarette butt pollution contaminating the oceans of Indonesia.This article is the result of normative research which analyzes exiting statutes and cases that aims at protecting the marine ecosystem from the cigarette filter disposal. This research attempts to analyze the existing laws and regulations in Indonesia on the protection of the marine ecosystem from toxic and hazardous wastes, especially from cigarette butts waste disposal. The results of this study show that to date there is no specific regulation dealing with tobacco waste product disposals. Accordingly, the government is suggested to enact a set of specific and effective regulations pertaining to tobacco waste products as done by some developed countries or states such as Singapore and Australia, so that marine pollution caused by cigarette butts could be prevented.

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Journal articles on the topic 'Australian maritime law'

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