Law Commons^™

Maritime Security And The Blue Economy: Intersections And Interdependencies In The Indian Ocean, Michelle A. Voyer, Clive H. Schofield, Kamal Azmi, Robin M. Warner, Alistair Mcilgorm, Genevieve Quirk

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

Maritime security is essential to supporting the Blue Economy. Many maritime security forums have been key supporters of the Blue Economy concept, particularly in the Indian Ocean region (IOR). This paper will explore the co-evolution and co-dependence of Blue Economy and maritime security agendas, with a particular focus on the IOR. It identifies two primary interactions between Blue Economy and maritime security interests. Firstly, maritime security is an enabler of the Blue Economy, for example, through safeguarding navigation routes, providing important oceanographic data to marine industries and protecting rights over valuable marine resources and activities within claimed zones of maritime …

Bridging Troubled Waters: China, Japan, And Maritime Order In The East China Sea. By James Manicom. Washington, D.C.: Georgetown University Press, 2014. Softcover: 266pp., Lowell Bautista

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

In this book, James Manicom contests the orthodox view that the strategic rivalry between China and Japan will escalate into a fullblown military conflict. The book concedes that the East China Sea will be the likely medium for Sino–Japanese military rivalry and cyclical tensions will persist; however, it makes the compelling case that cooperation will endure.

Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi

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

The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …

A Priceless Maritime Heritage, Mohd Hazmi Bin Mohd Rusli, Rahmat Mohamad

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

THE Straits of Malacca and Singapore Strait have been vital shipping routes for international trade for hundreds of years. The region around the Straits of Malacca and Singapore Strait is steeped in a long and continuous history of trade, shipping, colonisation and the race towards attaining political and economic supremacy, both before and during the age of European dominion.

The Straits of Malacca was initially known as the “Sea of Malayu”. The first reference to the “Sea of Malayu” was from an Arabic document dating back to the 9th century AD, noting the Malay influence in the region. Both the …

Dispute Settlement In The Law Of The Sea Convention And Territorial And Maritime Disputes In Southeast Asia: Issues, Opportunities, And Challenges, Lowell Bautista

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

The 1982 United Nations Convention on the Law of the Sea (LOSC) provides for a dispute settlement regime that establishes a compulsory and binding framework for the peaceful settlement of all ocean-related disputes. In Southeast Asia, despite the long-standing myriad of territorial and maritime disputes, there appears to be a general reluctance to utilize the dispute settlement provisions of LOSC. The region has very little experience in international litigation involving territorial and maritime disputes, and a reluctance to utilize the dispute settlement provisions of LOSC.While the LOSC legal framework offers some options, the highly complicated nature of the disputes in …

Southeast Asia's Maritime Piracy: Challenges, Legal Instruments And A Way Forward, Ahmad Amri

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

Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention over the past few years. Reports published by the International Maritime Organization as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancient times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime of piracy. There …

Book Review: Limits Of Maritime Jurisdiction By Schofield, Lee And Kwon (Eds.), Lowell Bautista

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

There has been no shortage of books written on vital aspects of oceans law and policy. But there are few with the breadth and diversity of coverage, written by the most prominent law of the sea scholars and practitioners assembled in a single volume, such as in The Limits of Maritime Jurisdiction. The appeal of this book is undeniable: it is authoritative and scholarly yet accessible and refreshingly practical both to the seasoned scholar and the practitioner, dealing with important contemporary law of the sea issues from an enduring, intellectually robust and critical perspective.

Maritime Outlaws, Rowan Cahill

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

For thirty-odd years, American historian Marcus Rediker (University of Pittsburgh) has been writing about the sea, deep-sea sailing ships, seafaring proletariats, and seafaring rebels, during the seventeenth through to the early nineteenth centuries. Internationally, his landmark study of sailors, mutineers, and pirates, Between the Devil and the Deep Blue Sea (1987), is widely acknowledged as a major ‘history from below’, that genre of historical writing dealing with people traditionally written out of ruling class histories which glorify and enshrine the wealthy, the propertied, and the interests of the state.

Erecting Malaysia's Maritime Fence Over The Straits Of Malacca And Singapore, Mohd Hazmi Bin Mohd Rusli, Abdul Ghafur Hamid Khin Maung Sein, Wan Izatul Asma Binti Wan Talaat, Maizatun Binti Mustafa

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

Malaysia shares the Straits of Malacca and Singapore with Indonesia, Singapore and briefly, with Thailand. Before colonial times, there were no proper maritime boundary delimitation within the Straits of Malacca and Singapore. The Anglo-Dutch Treaty of 1824 has divided the Straits of Malacca and Singapore into two spheres of dominions, which later on became the basis of modern territories of Malaysia, Indonesia and Singapore. Since independence in 1957, Malaysia has been working closely with Thailand, Indonesia and Singapore to properly demarcate maritime boundary lines in the Straits of Malacca and Singapore. Nevertheless, there are still unresolved issues between these littoral …

Combating Maritime Piracy In Southeast Asia From International And Regional Legal Perspectives: Challenges And Prospects, Ahmad Amri

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

Piracy is considered a critical maritime security threat in Southeast Asia. Whilst piracy has always been a perennial problem in the region, this threat has received increasing attention in the region over the past few years. Reports published by the International Maritime Organisation as well as the International Maritime Bureau show an alarming increase in acts of piracy on Southeast Asian waters over the past decade. In ancients times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime …

One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield

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

The provisions of the United Nations Convention on the Law of the Sea dealing with the delimitation of maritime boundaries are limited and open to varied interpretation. Nevertheless, the advent of the Convention had a significant impact on ocean boundary making. Subsequent developments have also arguably led to a clearer approach to maritime boundary delimitation. These evolutions are traced and contemporary challenges highlighted

Holding Back The Waves? Sea Level Rise And Maritime Claims, Clive Schofield

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

Sea level rise has the potential to influence the location of baselines along the coast from which claims to maritime jurisdiction are made. Accordingly, sea level rise may have adverse impacts on the extent of national maritime claims. This article provides a brief discussion of sea level rise before exploring the link between potentially variable baselines and the outer limits to maritime claims. Options to address these challenges are then discussed.

Options To Protect Coastlines And Secure Maritime Jurisdictional Claims In The Face Of Global Sea Level Rise, Clive Schofield, David Freestone

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

It is now widely accepted that significant sea level rise is taking place and that this phenomenon is likely to accelerate in the future. This poses potentially disastrous implications for many coastal States, especially those with large and heavily populated low-lying coastal areas, as well as small low-lying island States. In addition to the essentially terrestrial, inward-looking threat posed to low-lying coastal areas and their associated populations from inundation by rising seas, threats also exist looking outward from the land to the ocean spaces adjacent to such threatened territories. In particular, sea level rise has the potential to significantly affect …

Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield

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

The South China Sea is host to a complex coastal geography, numerous sovereignty disputes over islands featuring multiple claimants, excessive and controversial claims to baselines, confl icting and overlapping claims to maritime jurisdiction and, most recently, contested submissions regarding extended continental shelf rights. The objective of this paper is to review and analyse these issues from spatial, legal and geopolitical perspectives. An overview and assessment of the geographical and geopolitical factors that inform and underlie the South China Sea disputes is offered prior to the claims of the littoral states to baselines and maritime zones being assessed. Maritime boundary agreements …

Maritime Security Issues In An Arc Of Instability And Opportunity, Walter S. Bateman, Quentin A. Hanich

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

The Pacific Arc of islands and archipelagos to the north and east of Australia has been characterised both as an ‗arc of instability' and as an ‗arc of opportunity'. It is the region from or through which a threat to Australia could most easily be posed, as well as an area providing opportunities for Australia to work on common interests with the ultimate objective of a more secure and stable region. Maritime issues are prominent among these common interests. This article identifies these issues and their relevance to Australia's maritime strategy. It suggests measures Australia might take to exploit the …

Australia's Maritime Challenges And Priorities: Recent Developments And Future Prospects, Robin M. Warner

Faculty of Law - Papers (Archive)

Australia, witb its lengthy coastline, vast maritime jurisdiction and multiple offshore territories, undoubtedly fits the description of a maritime nation: but it was not until the issue of Australia's Oceans Policy in 1998 Ihat a comprehensive statement of Australia's maritime challenges and priorities emerged at the Federal Government level. The Oceans Policy arliculated a diverse array of challenges and priorities relating to Australia's maritime interests, including the conservation of marine biological diversity, the maintenance of ecologically sustainable fisheries, the prevention of marine pollution, the development of lhe offshore petroleum and minerals industry, the definition or Australia's maritime juridiction and the …

The Challenge Of Reducing Greenhouse Gas Emissions From International Shipping: Assessing The International Maritime Organization's Regulatory Response, Yubing Shi

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

As a comparatively cost effective, clean, and safe method of transportation, international shipping offers an important means of moving goods internationally and enables other activities such as leisure cruising.1 Many factors contribute to the development of international shipping. As an example, the evolution of ship propulsion has progressed from sailing ships to steam ships powered by coal and then to an almost universal use of diesel engines, significantly accelerating international trade.2 Similarly, advances in telecommunication and information and communications technology infrastructure, reductions in trade barriers, and low energy costs have also contributed to the expansion of international shipping and seaborne …

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive H. Schofield

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

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

New Challenges For Maritime Security In The Indian Ocean - An Australian Perspective, Sam Bateman, Anthony Bergin

Faculty of Law - Papers (Archive)

The Indian Ocean region is growing in strategic importance. It is facing the risks of growing strategic competition, particularly between China and India. However, the region tends to be neglected by Australia despite extensive interests in the region and the possibility of threats to Australia’s security emerging from the region, including the risks of intrastate conflict, terrorism, smuggling in all its forms, and illegal fishing. Climate change, sea-level rise and natural disasters are other non-traditional security threats evident in the region. The northwest of Australia is particularly exposed to these challenges to maritime security and requires more attention in Australia’s …

Australia's Maritime Economic Interests, Andrew Forbes

Faculty of Law - Papers (Archive)

Over the past two decades there has been an increasing lament from Western navies that their countries suffer from ‘sea blindness’. What is meant is that there is an apparent lack of public understanding and appreciation of the importance of the oceans for national prosperity. The concern is that if the importance of the oceans is not understood, then the importance of the multifaceted roles of navies in providing protection will not be understood. Whether or not sea blindness exists, maritime economic interests represented by the oceans are important and are discussed below.

Australian Maritime Defence Council, Andrew Forbes

Faculty of Law - Papers (Archive)

Navies have had a long relationship with their respective maritime industries and the Royal Australian Navy (RAN) is no exception. Naval capability cannot be built, maintained and supported without a strong industrial sector. This is well known, but there are other aspects to the RAN relationship with the maritime industry that are less well known, and this Semaphore examines the relationship with the shipping and port associations through what is now called the Australian Maritime Defence Council (AMDC). While its discussions are not classified, they are occasionally sensitive, so what follows focuses on administrative issues before providing a general outline …

China's Maritime Strategic Agenda, Christopher Rahman

Faculty of Law - Papers (Archive)

Just what’s China up to at sea? To casual observers, including a burgeoning legion of journalists, commentators and bloggers, China seems set on a path to becoming a major force on the world’s oceans, developing bluewater naval power with which to protect the Chinese state’s expanding economic ties to far-flung corners of the world and project political and even strategic influence. Such observers rightly note the rapid growth in China’s international seaborne trade, its shipping and shipbuilding sectors, and its marine economy and maritime interests in general. China’s naval developments over the past decade have been widely commented on, especially …

Regional Maritime Security: Threats And Risk Assessments, Sam Bateman

Faculty of Law - Papers (Archive)

Regional maritime security: The maritime security of Southeast Asia reflects a range of enduring and dynamic factors. Enduring factors are mainly the geography of the region with its complex pattern of archipelagos, islands, bays and gulfs and narrow shipping channels; its heavy dependence on shipping for both domestic and intra-regional trade; and the importance of regional seas and their resources to the well-being of regional peoples. The dynamic factors include sovereignty disputes, the increasing levels and density of shipping traffic in the region, increased exploitation of marine resources, deteriorating fish stocks and marine habitats, growing naval budgets and higher levels …

Imaginary Islands?: Options To Preserve Maritime Jurisdictional Entitlements And Provide Stable Maritime Limits In The Face Of Coastal Instability, Clive Schofield, I Made Andi Arsana

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

The inundation of a disputed island in the Bay of Bengal in March 2010 was reported as an unlooked for benefit of climate change, eliminating the object of a contentious bilateral dispute. In fact this has not proved to be the case and the incident instead highlights the vulnerability of certain low-lying coastlines and insular features to significant and rapid changes in location, whether caused by sea level rise or not. While acknowledging ongoing debates on climate change and sea level rise, the paper examines key challenges in this context, notably concerning the ambulatory nature of normal baselines and the …

The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield

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

The Pacific island States possess limited land territory but enormous maritime entitlements. Claims to maritime jurisdiction out to 200 nautical miles offshore, and in some cases the existence of continental shelf rights extending beyond the 200 mile limit, have resulted in overlapping claims and the creation of numerous “new” international maritime boundaries. The majority of these potential maritime boundaries both among the Pacific island States and between the Pacific island States and their maritime neighbours have yet to be delimited. The paper outlines relevant claims to maritime jurisdiction including recent submissions regarding outer continental shelf limits, explores how maritime boundaries …

Confronting Maritime Crime In Southeast Asian Waters: Reexamining "Piracy" In The Twenty-First Century, Sam Bateman

Faculty of Law - Papers (Archive)

[extract] There is nothing new about maritime crime in Southeast Asia. It has a long history, and the maritime criminals of today are mainly descendants of the marauders, pirates, and bandits of yesteryear. However, changes to the extent and nature of maritime crime have occurred over the years. The decline in fish stocks and loss of access to traditional fishing grounds, along with general economic problems, have led to unemployment and loss of income in coastal villages throughout the region. This has, in turn, forced some villagers to turn to piracy, sea robbery, and other forms of maritime crime. However, …

The Philippines As An Archipelagic And Maritime Nation: Interests, Challenges, And Perspectives, Mary Ann Palma

Faculty of Law - Papers (Archive)

The geographic nature of the Phillipines as well as its numerous activities in relation to the sea, are integral to the identify of the country and critical in securing its maritime interests.

Boundaries, Biodiversity, Resources, And Increasing Maritime Activities: Emerging Oceans Governance Challenges For Canada In The Arctic Ocean, Clive H. Schofield, Ian Townsend-Gault, Tavis Potts

Faculty of Law - Papers (Archive)

The Arctic region is undergoing rapid environmental and socioeconomic change. As one of the most rapidly warming places on the planet, the Arctic is experiencing dramatic climate change-related impacts, such as a severe downward trend in sea ice cover. The scientific community projects that this trend could result in a sea ice-free summer by as early as 2020. As conditions warm, the retreat of sea ice is driving an expansion of political and economic activity. Recent world media attention has been focused on the Arctic to an unprecedented extent. Much of the discourse has been devoted to a perceived Arctic …

Blurring The Lines: Maritime Joint Development And The Cooperative Management Of Ocean Resources, Clive H. Schofield

Faculty of Law - Papers (Archive)

The first part of the paper examines the significant extension in coastal State jurisdiction offshore and outlines progress in the delimitation of maritime boundaries worldwide. Some of the problems associated with lack of maritime boundary delimitation and the resultant large zones of overlapping maritime claims are then highlighted. Progress in the cooperative management of ocean resources through maritime joint development zones is then reviewed.

Concepts Of Maritime Security: A Strategic Perspective On Alternative Visions For Good Order And Security At Sea, With Policy Implications For New Zealand, Christopher Rahman

Faculty of Law - Papers (Archive)

This project originated as a research report conducted for the Royal Australian Navy’s Sea Power Centre – Australia. Its intent is not to reprise well‐worn ideas of sea power or maritime strategy, but to address conceptually what is meant by the term “maritime security” in the context of contemporary ideas of the meaning of “security” itself. In doing so, I have purposefully delved into some of the often quite dense and sometimes arcane literature and ideas regarding conceptual treatments of security. This is important, because the ideas inherent in different perspectives on maritime security often have an intellectual or political …