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Articles 1 - 4 of 4
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Pushing The Limits Of The Law Of The Sea Convention: Australian And French Cooperative Surveillance And Enforcement In The Southern Ocean, Warwick Gullett, Clive Schofield
Pushing The Limits Of The Law Of The Sea Convention: Australian And French Cooperative Surveillance And Enforcement In The Southern Ocean, Warwick Gullett, Clive Schofield
Warwick Gullett
This article examines recent steps taken by Australia and France to combat illegal fishing in their claimed maritime zones of jurisdiction around their adjacent sub-Antarctic island territories. These steps comprise operational responses and legal developments, including the conclusion of two bilateral treaties on cooperative surveillance and enforcement. Geographical and legal problems associated with addressing the illegal fishing threat in the Southern Ocean are highlighted. It is concluded that when they come to be tested by international legal authorities, some of the more innovative legal measures under discussion are likely to be appraised as being in conflict with some provisions of …
Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett
Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett
Warwick Gullett
Significant developments have recently occurred in the ongoing campaign by the Australian Government to combat illegal foreign fishing in Australian waters, particularly against Patagonian toothfish poaching. On 22 March 2004 significant amendments to Australia’s fisheries laws were passed by the Commonwealth Parliament to improve regulatory efficiency and combat illegal foreign fishing in the Australian Fishing Zone (AFZ). In addition, on 12 March 2004 the Federal Court of Australia delivered a landmark decision in Olbers v Commonwealth of Australia (No 4) [2004] FCA 229 concerning the automatic forfeiture of foreign vessels to the Commonwealth of Australia at the time when a …
Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett
Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett
Warwick Gullett
The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the Heard and McDonald Islands in the Southern Ocean. It was suspected (and later found as a matter of fact) to have been engaged in unlawful fishing for the prized Patagonian Toothfish within Australia’s EEZ two to three weeks prior to its detection and seizure by Australian authorities. The circumstances of the seizure …
Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett
Warwick Gullett
On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities of …