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Articles 1 - 13 of 13
Full-Text Articles in Law
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Lowell Bautista
The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.
Maritime Cooperation In The South Pacific: Trends And Opportunities, Ben Tsamenyi
Maritime Cooperation In The South Pacific: Trends And Opportunities, Ben Tsamenyi
Professor Ben M Tsamenyi
No abstract provided.
Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi
Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi
Professor Ben M Tsamenyi
No abstract provided.
Briefing On The Proposed Interim Arrangements For The South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi
Briefing On The Proposed Interim Arrangements For The South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi
Professor Ben M Tsamenyi
No abstract provided.
The Exercise Of Coastal State Jurisdiction Over Eez Fisheries Resources: The South Pacific Practice, Ben Tsamenyi
The Exercise Of Coastal State Jurisdiction Over Eez Fisheries Resources: The South Pacific Practice, Ben Tsamenyi
Professor Ben M Tsamenyi
One of the new concepts that emerged from the Third Law of the Sea Conference is that of the exclusive economic zone. Coastal states, particularly developing countries, have, by extending their fisheries jurisdiction to 200 nautical miles, acquired considerable problems of enforcement because of physical and economic costs involved. To minimize these, developing countries in the South Pacific are cooperating through the South Pacific Forum Fisheries Agency Convention, inter alia, to devise new strategies of enforcement. A most useful device adopted has been compilation of a Regional Register of Fishing Vessels in "good standing'. -Author
Analysis Of The Chair's Revised Draft Text For A South Pacific Regional Fisheries Management Organisation, Quentin Hanich, Martin Tsamenyi
Analysis Of The Chair's Revised Draft Text For A South Pacific Regional Fisheries Management Organisation, Quentin Hanich, Martin Tsamenyi
Professor Ben M Tsamenyi
No abstract provided.
Legal Aspects Of Fisheries: The Need For Legal Training Facilities In The South Pacific., Ben Tsamenyi
Legal Aspects Of Fisheries: The Need For Legal Training Facilities In The South Pacific., Ben Tsamenyi
Professor Ben M Tsamenyi
Many of the small developing island states in the South Pacific have claimed exclusive economic zones (EEZs). Those who have not yet done so are in the process of making their claims as part of their Law of the Sea Convention implementation programs. One of the problems being faced by by the South Pacific states with regard to their EEZ claims is the shortage of trained personnel, particularly in the legal field, to manage their fisheries resources. A regional strategy for training in the legal aspects of fisheries is necessary.-Author
The Institutional Framework For Regional Cooperation In Ocean And Coastal Management In The South Pacific, Ben Tsamenyi
The Institutional Framework For Regional Cooperation In Ocean And Coastal Management In The South Pacific, Ben Tsamenyi
Professor Ben M Tsamenyi
Constrained by physical and economic factors, the States and Territories in the central and southwestern Pacific region (the Pacific Island States and Territories) have utilized regional cooperation in addressing many of the coastal and marine resources development issues facing the region. Regional cooperation in dealing with coastal and marine issues has been facilitated largely through the establishment of a number of regional organizations. This article discusses the institutional frameworks for regional cooperation in coastal and marine resources and environmental management by the Pacific Island States and Territories. The article also highlights efforts being made to achieve better harmonization of the …
The Philippine Claim To Bajo De Masinloc In The Context Of The South China Sea Dispute, Lowell Bautista
The Philippine Claim To Bajo De Masinloc In The Context Of The South China Sea Dispute, Lowell Bautista
Faculty of Law, Humanities and the Arts - Papers (Archive)
The Philippine claim to Bajo de Masinloc, otherwise referred to as Scarborough Shoal, finds solid basis in international law. The territorial claim of the Philippines over Bajo de Masinloc is strong relative to the claim of China as well as with respect to the principles on the acquisition of territory in international law, in particular, on the basis of effective occupation. The sovereign rights and jurisdiction asserted by the Philippines over the maritime entitlements of the features in Bajo de Masinloc are founded on principles of international law and consistent with the United Nations Convention on the Law of the …
What's At Stake In The South China Sea? Geographical And Geopolitical Considerations, Clive Schofield
What's At Stake In The South China Sea? Geographical And Geopolitical Considerations, Clive Schofield
Faculty of Law, Humanities and the Arts - Papers (Archive)
The South China Sea ranks among the most geographically and geopolitically complex ocean spaces in the world. It certainly appears to have been one of its most vigorously contested, featuring multiple, longstanding and competing territorial and maritime jurisdictional claims. The objective of this chapter is to provide the geographical and geopolitical background to the frequently conflicting national maritime claims made by the South China Sea littoral States. This exercise is designed to provide the necessary contextual backdrop to considerations of the application of maritime joint development mechanisms and/or other provisional arrangements of a practical nature in the South China Sea. …
Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard
Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard
Faculty of Law, Humanities and the Arts - Papers (Archive)
Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this non- confrontational, non-binding and …
Moving Forward On Joint Development In The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard
Moving Forward On Joint Development In The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard
Faculty of Law, Humanities and the Arts - Papers (Archive)
The examination of the factors that facilitated the conclusion of joint development arrangements in Asia in Chapter 11 has demonstrated that there remain considerable obstacles before joint development in the South China Sea can be discussed in a serious and meaningful manner. The following recommendations set out steps which the claimants and, in certain circumstances, other relevant stakeholders, can take to move towards a situation where joint development is a feasible dispute settlement option.
Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield
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 …