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University of Wollongong

Faculty of Law - Papers (Archive)

2005

Security

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Capacity Building For Maritime Security Cooperation: What Are We Talking About?, Sam Bateman Jan 2005

Capacity Building For Maritime Security Cooperation: What Are We Talking About?, Sam Bateman

Faculty of Law - Papers (Archive)

This paper discusses the notions of "maritime security" and "capacity building" in the context of capacity building for maritime security cooperation in the Asia-Pacific. What constitutes capacity for providing maritime security at the national, sub-regional and regional levels? What capabilities does a country require to ensure its security against maritime threats, including the threat of maritime terrorism and the risk that its maritime transportation system may be used for terrorist purposes? How do all these capabilities fit together to provide security against both conventional and non-conventional threats? Can we put capabilities for conventional (or traditional) security threats into one box …


South Pacific Security And The Emerging Doctrine Of 'Co-Operative Intervention': The Pacific Way Or Howard's Way, Gregor H. Allan Jan 2005

South Pacific Security And The Emerging Doctrine Of 'Co-Operative Intervention': The Pacific Way Or Howard's Way, Gregor H. Allan

Faculty of Law - Papers (Archive)

The end of the Cold war catalysed considerable recalibration in the world's security architecture. In Australia, whilst this entailed a closer embrace of Asia, the South Pacific did not initially engage Australian security interests. However, post 11 September 2001 and post the terrorist attacks in Bali of October 2002, much has changed. The notion of 'comprehensive security'—in which Pacific security is seen as a function of a wide variety of social, political and strategic phenomena—has assumed such prominence it has ushered in an expanded justification for one state to intervene in the affairs of another. Although, as in the case …


Freedom Of Navigation, Surveillance And Security: Legal Issues Surrounding The Collection Of Intelligence From Beyond The Littoral, Stuart Kaye Jan 2005

Freedom Of Navigation, Surveillance And Security: Legal Issues Surrounding The Collection Of Intelligence From Beyond The Littoral, Stuart Kaye

Faculty of Law - Papers (Archive)

Hugo Grotius, in his work Mare Liberum, asserted that the world's oceans were free and incapable of acquisition by states. His work sparked a debate in the seventeenth century as to the freedom of the seas, and whether states could exclude the vessels of other states from certain waters. Grotius' viewpoint ultimately prevailed, and is still prevalent within the law of the sea. Greater security concerns of states since 11 September 2001, have raised questions as to the current extent of the doctrine of freedom of navigation, and whether the old norm remains intact. This article will consider this issue, …


Cooperative Mechanisms And Maritime Security In Areas Of Overlapping Claims To Maritime Jurisdiction, Clive Schofield Jan 2005

Cooperative Mechanisms And Maritime Security In Areas Of Overlapping Claims To Maritime Jurisdiction, Clive Schofield

Faculty of Law - Papers (Archive)

This chapter outlines progress in the delimitation of maritime boundaries and some of the problems relating to overlapping claims to maritime jurisdiction. It is contended that the incomplete nature of the maritime political map of the world is problematic, in particular because lack of delimitation inevitably equates to jurisdictional uncertainty and this is highly likely to be detrimental to maritime security. Alternatives to maritime boundary delimitation - cooperative mechanisms in areas of overlapping jurisdiction - are then addressed, including their emerging applicability to maritime security issues as well as the Southeast Asian experience.