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Full-Text Articles in Law
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, …
Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert
Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert
Faculty of Law - Papers (Archive)
Introduction to special issue of collected papers from symposium 'Mapping Law at the Margins', Brisbane, December 2004 - covering operation of the law at the intersections of race, class and gender from colonial times to the present through the lens of postcolonial theory. This Special Issue of the Australian Feminist Law journal collects papers largely from the second Symposium 'Mapping Law at the Margins' Brisbane, December 2004, organized to make visible the operation of the law at the intersections of race, class and gender from colonial times to the present through the lenses of postcolonial theory. Practices of map drawing …
The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott
The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett
Legal Framework And Enforcement Experience Of Marine Protected Areas In Tasmania, New South Wales And Commonwealth Waters, Warwick Gullett
Faculty of Law - Papers (Archive)
With the exception of the Great Barrier Reef Marine Park, there have been no prosecutions for specific offences within marine protected areas (MPAs) in Australia at the federal level or in Tasmania and New South Wales. However, it cannot be assumed that compliance is responsible for this lack of prosecutions. Rather, in some cases, enforcement officers prosecute offences under more general provisions found in fisheries legislation than under provisions for specific offences created in MPAs. In other cases, there has been a long lag time between the declaration of MPAs and the adoption of comprehensive and effective legislative arrangements creating …
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Faculty of Law, Humanities and the Arts - Papers (Archive)
Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …
Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar
Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.