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Faculty of Law, Humanities and the Arts - Papers

Sea

2014

Articles 1 - 6 of 6

Full-Text Articles in Law

Defining Eez Claims From Islands: A Potential South China Sea Change, Robert Beckman, Clive Schofield Jan 2014

Defining Eez Claims From Islands: A Potential South China Sea Change, Robert Beckman, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers

In the face of seemingly intractable territorial and maritime disputes in the South China Sea, the article examines how the 1982 United Nations Convention on the Law of the Sea (LOSC), sets out what maritime claims States can make in the South China Sea and how it establishes a framework that will enable States to either negotiate maritime boundary agreements or negotiate joint development arrangements (JDAs) in areas of overlapping maritime claims. It provides an avenue whereby the maritime claims of the claimants can be brought into line with international law, potentially allowing for meaningful discussions on cooperation and maritime ...


Ecological Restoration In The Deep Sea: Desiderata, C Van Dover, J Aronson, L Pendleton, S Smith, S Arnaud-Haond, D Moreno-Mateos, E Barbier, D Billett, K Bowers, R Danovaro, A Edwards, Stephen Kellert, T Morato, E Pollard, A Rogers, Robin Warner Jan 2014

Ecological Restoration In The Deep Sea: Desiderata, C Van Dover, J Aronson, L Pendleton, S Smith, S Arnaud-Haond, D Moreno-Mateos, E Barbier, D Billett, K Bowers, R Danovaro, A Edwards, Stephen Kellert, T Morato, E Pollard, A Rogers, Robin Warner

Faculty of Law, Humanities and the Arts - Papers

An era of expanding deep-ocean industrialization is before us,with policy makers establishing governance frameworks for sustainable management of deep-sea resources whiles cientists learn more about the ecological structure and functioning of the largest biome on the planet. Missing from discussion of the stewardship of the deep ocean is ecological restoration. If existing activities in the deep sea continue or are expanded and new deep-ocean industries are developed, there is need to consider what is required to minimize or repair resulting damages to the deep-sea environment. In addition, thought should be given as to how any past damage can be ...


Conserving Marine Biodiversity In The Global Marine Commons: Co-Evolution And Interaction With The Law Of The Sea, Robin Warner Jan 2014

Conserving Marine Biodiversity In The Global Marine Commons: Co-Evolution And Interaction With The Law Of The Sea, Robin Warner

Faculty of Law, Humanities and the Arts - Papers

As global shipping intensifies and technological advances provide more opportunities to access the resources of the high seas and the deep seabed beyond national jurisdiction (ABNJ), the catalogue of threats to the marine environment and its biodiversity increase commensurately. Beyond these threats, new and emerging uses of ABNJ including more intrusive marine scientific research, bio-prospecting, deep seabed mining and environmental modification activities to mitigate the effects of climate change have the potential to harm the highly interconnected and sensitive ecosystems of the open ocean and the deep seabed if not sustainably managed now and into the future. Modern conservation norms ...


The Law Of The Sea And Commercial Ships In The Search For Mh370, Stuart Kaye Jan 2014

The Law Of The Sea And Commercial Ships In The Search For Mh370, Stuart Kaye

Faculty of Law, Humanities and the Arts - Papers

The first ship to reach the area of Indian ocean being searched for the missing flight MH370 is the Norwegian commercial car carrier, the Höegh St Petersburg.

At the request of the Australian Maritime Safety Authority (AMSA), the ship diverted its voyage from Mauritius to Melbourne and searched for debris with spotlights overnight.

Customary international law has long recognised that all mariners have a duty to come to the assistance of individuals in distress on the sea.

While the duty is not absolute - in the sense an individual is not required to risk their own life - maritime law outlines there ...


Another Titanic Change Is Needed To Save More Lives At Sea, Clive Schofield, John Mansell Jan 2014

Another Titanic Change Is Needed To Save More Lives At Sea, Clive Schofield, John Mansell

Faculty of Law, Humanities and the Arts - Papers

How has our approach to saving lives at sea changed since the tragedy of the RMS Titanic in which 1,523 of the 2,228 people she was carrying died a century ago? Surprisingly, not much. Only this April the South Korean ferry Sewol capsized claiming 288 lives so far, many high school students.


Dispute Settlement In The Law Of The Sea Convention And Territorial And Maritime Disputes In Southeast Asia: Issues, Opportunities, And Challenges, Lowell Bautista Jan 2014

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

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 ...