Law Commons^™

Climate Change And The Oceans: Legal And Policy Portents For The Asia Pacific Region And Beyond, Robin Warner, Clive Schofield

Faculty of Law - Papers (Archive)

The oceans dominate the globe spatially, covering approximately 72 per cent of its surface area. These extensive marine spaces are critical to the global environment and human survival in numerous ways - they are vital to the global nutrient cycling, represent a key repository and supporter of biological diversity on a world scale, and playa fundamental role in driving the global atmospheric system. Moreover, the oceans continue to provide a critical source of food through/fisheries and aquaculture, are an increasingly significant source of energy resources, and underpin the global economy through sea-borne trade.

Uncertain Seas Ahead: Legal And Policy Approaches To Conserving Marine Biodiversity In The Face Of Changing Climate, Richard Kenchington, Robin Warner

Faculty of Law - Papers (Archive)

Climate is a major factor in the habitat, food chains, competition, success and survival of species. Contemporary distributions and abundance of marine species and communities reflect adaptation to geologically recent climatic conditions and the impacts of human activities. Warming of the atmosphere and seawater has occurred in association with increasing levels of atmospheric carbon dioxide since the start of the twentieth century. Despite continuing scientific research and wider discussion of the relative roles of anthropogenic greenhouse gas increases and other influences on climate, climate change is occurring. The policy and legal issues have two core components: response to the effects …

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 …

Harmonising Australian Environmental Law: An Australian Oceans Act For Australia’S Oceans, G. L. Rose, C. Smythe

Faculty of Law - Papers (Archive)

A synopsis of a dicussion paper canvassing a new national approach to marine management: an Australian Oceans Act and an Australian Oceans Authority. The Australian Conservation Foundation and National Environmental Law Association launched the discussion paper in March 2006 about the future of Australia’s laws for its oceans.

Legal Frameworks For Integrated Marine Environmental Management, G. L. Rose

Faculty of Law - Papers (Archive)

The Australian federal government is rethinking its policy-based approach to integrated marine environmental management. Does effective coordination of oceans management activities require an overarching legislative framework? Should legislation operate to enforce cross-jurisdictional coordination? Can it also assure cross-sectoral integration? This paper explores possible answers to these questions, considering options for a legal framework for integrated marine environmental management in a federal context.

The Noxious Weeds Act 1993 (Nsw) – Balancing People, Planet And Profit?, E. Arcioni

Faculty of Law - Papers (Archive)

Does the legislative system of weeds management in NSW balance the interests of people, planet and profit? Weeds pose a threat to agriculture, human health and the natural environment and therefore require management to address those threats. Such management is challenged by the need to balance the negative effects of weeds on a variety of interests with the financial costs and detrimental side-effects of the weed management itself. The central legal element of the weed management system in New South Wales is the Noxious Weeds Act 1993 (NSW). The Act cannot be considered in isolation. It must be considered in …

U.S And Russia's Naval Policy After 9.11, Sam Bateman

Faculty of Law - Papers (Archive)

TIns paper was required to address the following questions:

• In what ways do maritime interests and strategies of the U. S. and Russia contribute to the general security outlook towards the Asia-Pacific region after 9.11 ?

• To what extent do the maritime strategies of these two countries take a cooperative approach toward the nations of the region?

• Is the present level of bilateral or multilateral cooperation adequate and sufficient to meet these challenges to maintain regional security?

These questions require a focus on the maritime interests and strategies of twn countries. The first is the sole remaining …

The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett

Faculty of Law - Papers (Archive)

The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging …