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Full-Text Articles in Law

Against A Rising Tide: Ambulatory Baselines And Shifting Maritime Limits In The Face Of Sea Level Rise, Clive H. Schofield Jan 2009

Against A Rising Tide: Ambulatory Baselines And Shifting Maritime Limits In The Face Of Sea Level Rise, Clive H. Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper addresses a critical issue for many coastal States: rising global sea levels. While the causes of climate change still excite controversy and debate, it is now widely accepted that significant sea level rise is taking place and that this trend appears likely to accelerate in the future. This phenomenon raises a number of important challenges for coastal and island States. Among these threats is the likely impact of rising sea levels on national claims to maritime jurisdiction. Significant changes to coastlines and therefore baselines and the potential submergence of key basepoints may potentially lead to the loss of …


Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett Jan 2009

Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett

Faculty of Law - Papers (Archive)

Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …


The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista Jan 2009

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …