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Integrating Fisheries, Food And Nutrition - Insights From People And Policies In Timor-Leste, Anna K. Farmery, Lana Kajlich, Michelle A. Voyer, Jessica Bogard, Augustinha Duarte

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

2020 Elsevier Ltd The important role of fish in food and nutrition security is becoming more widely acknowledged by the fishery sector and within food policy. Integration of fish and food policy, at national, regional or global levels, is required to ensure the contribution of fisheries and aquaculture to human health is supported through governance arrangements. We explore this aspect of food policy integration in Timor-Leste, where malnutrition is a critical health problem. Consumption of fish is low by international standards and only a small proportion of the population engages in fishing. We used a mixed method approach involving desktop …

Evaluating The Fit Of Co-Management For Small-Scale Fisheries Governance In Timor-Leste, Alexander Tilley, Kimberley J. Hunnam, David J. Mills, Dirk J. Steenbergen, Hugh Govan, Enrique Alonso-Poblacion, Matthew Roscher, Mario Pereira, Pedro Rodrigues, Teresa Amador, Agustinha Duarte, Mario Gomes, Philippa J. Cohen

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

Fisheries co-management is an increasingly globalized concept, and a cornerstone of the Voluntary Guidelines for Securing Sustainable Small-scale Fisheries in the Context of Food Security and Poverty Eradication, adopted by the United Nations Food and Agriculture Organization member states in 2014. Timor-Leste is a politically young country in the relatively rare position of having underexploited fisheries in some areas that can be leveraged to improve coastal livelihood outcomes and food and nutrition security. The collaborative and decentralized characteristics of co-management appeal to policymakers in Timor-Leste with provisions for co-management and customary laws applied to resource use were incorporated into state …

Drifting Fish Aggregating Devices (Fads) Deploying, Soaking And Setting - When Is A Fad 'Fishing'?, Quentin A. Hanich, Ruth A. Davis, Glen Holmes, Elizabeth-Rose Amidjogbe, Brooke M. Campbell

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

This article describes the proliferation of drifting fish aggregating devices (FADs) and analyses subsequent legal questions that arise for fisheries and marine litter management over who is responsible for FADs during their drifting stage. This follows recent concerns about unlicensed FADs drifting through closed areas. This article analyses a case study of the Western and Central Pacific Fisheries Commission (WCPFC) in order to determine State obligations to manage drifting FADs. Analysis concludes that a drifting FAD in the WCPFC Area is 'fishing' from deployment to recovery, thereby creating obligations to monitor, control and report drifting FADs, consistent with broader obligations …

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 …

How Blockchain Is Strengthening Tuna Traceability To Combat Illegal Fishing, Candice Visser, Quentin A. Hanich

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

In a significant development for global fisheries, blockchain technology is now being used to improve tuna traceability to help stop illegal and unsustainable fishing practices in the Pacific Islands tuna industry.

Mpas, Fishery Closures And Stock Rebuilding, Richard Kenchington, Michel J. Kaiser, K Boerder

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

Few regions on earth remain untouched by fishing activity. As such, effective longterm no-take marine reserves (NTMRs) and other area-based management systems that restrict fishing serve as vital reference areas for assessing the magnitude and recovery potential of marine ecosystems from human influence over both space and time. Much of the peer-reviewed literature and meta-analyses demonstrate variable but overall positive responses to such protection for fish and some other taxa. These include significant increase of stock species abundance and biomass within boundaries, cross-boundary spill-over of adults and larvae, and increased egg production. A reserve may meet its biodiversity objectives and …

The Australian And Antarctic Perspective On Global Ocean Governance, Robin M. Warner

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

Australia with its lengthy coastline, vast maritime jurisdiction, and multiple offshore territories undoubtedly fits the description of a maritime nation with an important stake in global ocean governance. It is surrounded on all sides by oceans and seas including the world's largest ocean, the Pacific Ocean, the Indian Ocean, the Southern Ocean, the Tasman Sea, the Coral Sea, the Timar Sea, and the Arafura Sea. There are abundant living and non-living resources in Australia's coastal and marine areas many of which are largely untapped. Maritime security is a prominent concern for Australia given its geographic position to the south of …

Sociodemographic Variation In Consumption Patterns Of Sustainable And Nutritious Seafood In Australia, Anna K. Farmery, Gilly Hendrie, Gabrielle M. O'Kane, Alexandra Mcmanus, Bridget S. Green

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

National dietary guidelines (DGs) consistently recommend consuming seafood for health benefits, however, the sustainability of increasing seafood consumption is often challenged. Seafood products vary in environmental performance as well as health benefits, yet there is no information integrating the health and ecological impacts of different seafood choices. The first step in optimising improved health and environmental outcomes is to examine more closely the types of seafood being consumed at population and individual levels, to develop the means to increase the intake of seafood that is optimal for human health and the environment. The purpose of this analysis was to better …

Chinese Trader Perceptions On Sourcing And Consumption Of Endangered Seafood, Michael Fabinyi, Kate Barclay, Hampus B. Eriksson

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

Growing trade networks through globalization have expanded governance of local environments to encompass multiple scales. The governing role of market actors, such as traders and consumers in importing countries, has been recognized and embraced for sustainable seafood sourcing and trade. The perceptions that affect the conduct of these actors are a potential influence on governance of distal environments. In this paper we investigate the perceptions of sea cucumber traders in China. Sea cucumbers are an important global fishery commodity predominantly traded to China, the world's largest seafood market, and seven traded species are endangered globally. We examine what traders and …

A Case For A Pan-Indian Ocean Information Grid For Improved Maritime Domain Awareness, Shishir Upadhyaya

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

The Indian Ocean region, in recent years, has witnessed a proliferation of information centers which have emerged in response to various sub-regional requirements and sometimes representing diverse interest groups. This paper highlights the gaps in regional maritime domain awareness (MDA) and argues that the multiple disparate information systems have not contributed to improving overall maritime safety and security in the Indian Ocean region. It puts forward a case for a pan-Indian Ocean information grid that could integrate the various information sources to provide comprehensive MDA for the region.

The Arbitral Award In The Matter Of The South China Sea Between The Philippines And China What Are The Implications For Freedom Of Navigation And The Use Of Force?, Cameron Moore

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

This article considers the implications of the Award for freedom of navigation and the use of force in the South China Sea, identifying the conclusions that can be drawn from the Award and the questions that remain. The Award also indirectly raised the question of the use of force to defend navigational rights. This article therefore revisits the Corfu Channel Case for the light it may shed on the use of force and freedom of navigation in the South China Sea. This leads to questions of the danger of miscalculation and the potential importance of the Code for Unplanned Encounters …

Impacts Of Marine Protected Areas On Livelihoods And Food Security Of The Bajau As An Indigenous Migratory People In Maritime Southeast Asia, Natasha Stacey, Greg Acciaioli, Julian Clifton, Dirk J. Steenbergen

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

Over the last decade, the global conservation agenda has increasingly recognized mobility as an important livelihood and management strategy for indigenous people, acknowledging the need to secure their ongoing access to natural resources within territorial waters and transboundary regions. A growing policy framework exists to support equity, indigenous rights, access to natural resources, participation in management of conservation areas and compensation resulting from loss of access to resources. The rights of indigenous peoples, including sea nomadic or migratory peoples,1 were recognized in 1989 under Article 4 of the International Labour Organization Convention. Various resolutions, recommendations, declarations and principles, formulated at …

The Limits To Maritime Security Collaboration In The Indo-Pacific Region, Christopher Rahman

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

This paper takes a somewhat negative approach to the goal of building collaboration to address transnational maritime security issues in the Indo-Pacific. It does not make the case that seeking improvements in cooperation is unreasonable, unworkable or simply not worthwhile - only that there exist sound reasons why strict limits to maritime security cooperation pertain in many circumstances. Some of those reasons may be due to temporary contexts, such as short-term political factors. Others may relate to problems inherent in the particular issue in question, and yet others may be deeply structural and, indeed, intractable. My argument therefore is structured …

Deep-Sea Genetic Resources: New Frontiers For Science And Stewardship In Areas Beyond National Jurisdiction, Harriet Harden-Davies

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

The deep-sea is a large source of marine genetic resources (MGR), which have many potential uses and are a growing area of research. Much of the deep-sea lies in areas beyond national jurisdiction (ABNJ), including 65% of the global ocean. MGR in ABNJ occupy a significant gap in the international legal framework. Access and benefit sharing of MGR is a key issue in the development of a new international legally-binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity in ABNJ. This paper examines how this …

Marine Science And Technology Transfer: Can The Intergovernmental Oceanographic Commission Advance Governance Of Biodiversity Beyond National Jurisdiction?, Harriet Harden-Davies

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

Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea. The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources …

Contagious Exploitation Of Marine Resources, Hampus B. Eriksson, Henrik Osterblom, Beatrice Crona, Max Troell, Neil L. Andrew, James Wilen, Carl Folke

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

Global seafood sourcing networks are expanding to meet demand. To describe contemporary fishery expansion patterns, we analyzed the worldwide exploitation of sea cucumber (Echinodermata: Holothuroidea) traded via Hong Kong for consumers in China. In just 15 years (1996-2011), the sea cucumber sourcing network expanded from 35 to 83 countries; sea cucumber fisheries serving the Chinese market now operate within countries cumulatively spanning over 90% of the world's tropical coastlines. The emergence of such fisheries in nations where they were previously absent could not be explained either by their national governance capacity or by their distance from Hong Kong. Surging imports …

The Sustainable Use And Conservation Of Biodiversity In Abnj: What Can Be Achieved Using Existing International Agreements?, Jeff Ardron, Rosemary Rayfuse, Kristina Gjerde, Robin Warner

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

Attention has recently been given to shortcomings and gaps in the governance regime for marine areas beyond national jurisdiction (ABNJ), especially with regard to the conservation of marine biodiversity. This paper provides a brief overview of existing ABNJ treaties and their associated governance bodies. Examples of the manner in which some gaps have been (or are in the process of being) filled are outlined. These examples suggest that given the political will, existing bodies could achieve significantly more. Additionally, greater involvement from those conservation conventions that have already proven themselves to be effective in areas under national jurisdiction, such as …

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 (Archive)

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 Durability Of The 'Antarctic Model' And Southern Ocean Governance, Ruth A. Davis

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

It is now well over 50 years since the conclusion of the Antarctic Treaty , the foundation of the Antarctic Treaty System (‘ATS’). At the 1959 Washington Conference, 12 nations gathered to draft the agreement that formally recognised “that it is in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord”, and “[a]cknowledging the substantial contributions to scientific knowledge resulting from international cooperation in scientific investigation in Antarctica”. These twin goals, of preserving peace on the Antarctic continent and promoting polar …

Drawing Malaysia's Line Over The Straits, Mohd Hazmi Bin Mohd Rusli, Lowell Bautista

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

The South China Sea has been an area of focus, particularly in the issues of conflicting maritime claims among countries in the region. Less focus, however, is given to the conflicting maritime claims that are still ongoing between Malaysia and its neighbours in the Straits of Malacca and Singapore.

Regional Governance For Fisheries And Biodiversity, Robin Warner, Kristina Gjerde, David Freestone

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

Strong and coherent regional governance is critical for tackling the increasing number and variety of threats to fisheries and biodiversity within and beyond national jurisdiction including overfishing, destructive fishing practices, marine pollution and climate change impacts. This chapter examines the existing legal and institutional framework for fisheries and biodiversity governance at the regional level including key regional organizations such as regional fisheries management organizations, regional seas organizations and non-binding regional initiatives. As well as highlighting the fragmentary nature of regional oceans governance, this analysis discloses the wide variety of approaches to and differing rates of progress in harmonizing fisheries and …

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.

Enforcement Cooperation In Combating Illegal And Unauthorized Fishing: An Assessment Of Contemporary Practice, Stuart Kaye

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

The emergence of the exclusive economic zone (EEZ) in the 1970s placed potentially vast areas of the sea under national jurisdiction. Moving from relatively modest territorial seas close to the coast as the only basis of fisheries jurisdiction for States, the international community suddenly embraced a new form of jurisdiction over resources that extended fisheries up to 200 nautical miles from land. This extension brought over one third of the world's oceans, or, more importantly, approximately 90% of the world's wild fish catch, under national jurisdiction.

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 …

Securing Blue Wealth: The Need For A Special Sustainable Development Goal For The Ocean And Coasts And For Future Ocean Spatial Planning, Martin Visbeck, Ulrike Kronfeld-Goharani, Barbara Neumann, Wilfried Rickels, Jorn Schmidt, Erik Van Doorn, Nele Matz-Luck, Konrad Ott, Martin F. Quaas

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

The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. Both economic theory and many case studies suggest that there is no “tragedy of the commons” but a “tragedy of open access”. With high likeliness, structures of open access …

'The Geopolitical Context', Christopher Rahman

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

The seas and oceans of the Indo-Pacific region present a number of maritime security challenges including piracy, terrorism, territorial claims, jurisdictional disputes, illegal fishing, criminal trafficking, and arguments over the Law of the Sea Convention. The differences among coastal and maritime user nations involving navigation and military operations represent some of the pressing issues affecting the region.

Some challenges are localized and others are widespread. For example, in the former case, a number of incidents of maritime terrorism have occurred in the Philippines over the last decade and a half. Yet most attacks against ferries and related infrastructure have been …

The Prosecution Of Pirates In National Courts, Robin M. Warner

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

The substantial rise in piracy incidents off the Horn of Africa since 2008 has exposed significant gaps in the international law framework for investigation and prosecution of piracy offences and its implementation in national criminal justice systems. This article examines the principal elements of this framework including the definition of piracy and associated obligations in the 1982 United Nations Convention on the Law of the Sea (LOSC). It reviews progress towards criminalisation of piracy offences in national legislative systems and distinctive trends in piracy legislation around the world. It also examines key features of the jurisprudence emerging from the regional …

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 …

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 …