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Articles 1 - 30 of 84
Full-Text Articles in Law
Ocean Energy And The Law Of The Sea: The Need For A Protocol, Ben Tsamenyi, Max Herriman
Ocean Energy And The Law Of The Sea: The Need For A Protocol, Ben Tsamenyi, Max Herriman
Professor Ben M Tsamenyi
Although fossil fuels are the overwhelming source of energy for the world, and will continue to be so for the foreseeable future, demographic, environmental, political, and economic factors indicate that interest in alternative, renewable sources of energy will grow. There is a need for both global and national policies on ocean energy management. In particular, coastal slates and the energy industry would benefit from guidelines that helped to create a predictable, stable environment in which long-term, high-cost research, development, and investment decisions could be made with confidence. Coastal states have jurisdiction over the maritime zones most relevant to energy production, …
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Professor Ben M Tsamenyi
Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …
Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma
Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma
Professor Ben M Tsamenyi
This Economic Paper considers the likely effects on African, Caribbean and Pacific countries of the European Union's Directive on Illegal, Unreported and Unregulated (IUU) Fishing, planned to be implemented form 2010.
Securing Maritime Australia: Developments In Maritime Surveillance And Security, Clive Schofield, Ben Tsamenyi, Mary Ann Palma
Securing Maritime Australia: Developments In Maritime Surveillance And Security, Clive Schofield, Ben Tsamenyi, Mary Ann Palma
Professor Ben M Tsamenyi
A long coastline and extensive maritime claims mean that Australia benefits from and has responsibility for an enormous maritime jurisdiction.Within this offshore area Australia faces significant, varied, and complex maritime security and ocean policy challenges. In response, Australia has taken a number of innovative steps toward enhancing its maritime security. This article will review Australia’s past practice together with some of the more recent developments in this context, particularly efforts to enhance offshore maritime surveillance and enforcement, such as the creation of the Taskforce on Offshore Maritime Security and Border Protection Command, establishment of the Australian Maritime Identification System, and …
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
Professor Ben M Tsamenyi
The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which …
Environmental Issues In Fisheries And Aquaculture, Quentin Hanich, Ben Tsamenyi
Environmental Issues In Fisheries And Aquaculture, Quentin Hanich, Ben Tsamenyi
Professor Ben M Tsamenyi
No abstract provided.
The Law Of The Sea, Ben Tsamenyi, Brian Opeskin
The Law Of The Sea, Ben Tsamenyi, Brian Opeskin
Professor Ben M Tsamenyi
No abstract provided.
Integrated Maritime Enforcement And Compliance In Australia, Ben Tsamenyi, Anthony Bergin, Derek Woolner, Sam Bateman
Integrated Maritime Enforcement And Compliance In Australia, Ben Tsamenyi, Anthony Bergin, Derek Woolner, Sam Bateman
Professor Ben M Tsamenyi
No abstract provided.
Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm
Enhancing Fisheries Rights Through Legislation - Australia's Experience, Ben Tsamenyi, A Mcilgorm
Professor Ben M Tsamenyi
No abstract provided.
The Conservation Of Sea Turtles Under The Law Of The Sea Convention, The Un Fish Stocks Agreement And The Wcpf Convention, Ben Tsamenyi, Joytishna Jit
The Conservation Of Sea Turtles Under The Law Of The Sea Convention, The Un Fish Stocks Agreement And The Wcpf Convention, Ben Tsamenyi, Joytishna Jit
Professor Ben M Tsamenyi
No abstract provided.
Building Partnerships Of The Ametec With Other Organisations, Ben Tsamenyi, Chris Baldwin
Building Partnerships Of The Ametec With Other Organisations, Ben Tsamenyi, Chris Baldwin
Professor Ben M Tsamenyi
No abstract provided.
Closing The Gaps: Building Capacity In Pacific Fisheries Governance And Institutions, Quentin Hanich, Feleti Teo, Ben Tsamenyi
Closing The Gaps: Building Capacity In Pacific Fisheries Governance And Institutions, Quentin Hanich, Feleti Teo, Ben Tsamenyi
Professor Ben M Tsamenyi
Governance and institutions must function effectively if sustainable development and growth are to occur within the Pacific Islands region. In 2007, the FFA and the Australian Department of Agriculture, Fisheries and Forestry (DAFF), supported by funding from AusAID, contracted Quentin Hanich, Feleti Teo and Professor Martin Tsamenyi to research governance and institutional gaps within the region that undermine the effective management and development of the region's fish stocks. Following an intensive round of interviews throughout the Pacific islands region by all three consultants, Mr Hanich authored a comprehensive report that discussed relevant governance and institutional gaps and recommended a number …
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Professor Ben M Tsamenyi
It is suggested that a new regulation scheduled to be implemented by the European Union at the beginning of 2010 in an effort to combat illegal, unreported and unregulated (IUU) fishing is likely to have a profound impact on fishing and processing operations worldwide. The IUU Regulation regulates seafood imports to all EU member states and imposes specific requirements on any fishing or processing activity that intends to export into an EU member state. The broad application of the regulation, the power of member states in the implementation of the regulation, and the consequences of non-compliance, are discussed.
Report On 'Equivalency' Under The Iuu Regulation 1005/2008, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Report On 'Equivalency' Under The Iuu Regulation 1005/2008, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Professor Ben M Tsamenyi
This report has been prepared for the Department of Agriculture, Fisheries and Forestry (DAFF) to assist in the preparation of a submission to the European Commission regarding the application of its IUU Regulation 1005/2008 to Australia. The draft report provides information to support the Australian position that the current systems are equivalent, in terms of their ability to manage IUU fishing, to those applied under the IUU Regulation.
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.
Papua New Guinea's Accession To The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, Ben Tsamenyi
Papua New Guinea's Accession To The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, Ben Tsamenyi
Professor Ben M Tsamenyi
Papua New Guinea (PNG) acceded to the 1951 Convention and the 1967 Protocol in 1986, after having initially declined to accept those instruments, which had been extended by the administering power, Australia. This article analyses the background to PNG's accession, and the reasons for its reservations to various provisions. PNG has, for some years, received refugees from West Irian, where the authority of the Indonesian Government continues to be challenged by the OPM (the Free Papua Movement). Before 1984, refugee arrivals were sporadic and involved relatively small groups of people; between February and June 1984, however, over ten thousand West …
Institutional Frameworks For Ecosystem-Based Management In The Asia-Pacific Region, Martin Tsamenyi, Hasjim Djalal, Mary Ann Palma
Institutional Frameworks For Ecosystem-Based Management In The Asia-Pacific Region, Martin Tsamenyi, Hasjim Djalal, Mary Ann Palma
Professor Ben M Tsamenyi
No abstract provided.
Role Of Regional Organisations In Meeting Los Convention Challenges: The Western And Central Pacific Experience, Ben Tsamenyi, Lara Manarangi-Trott
Role Of Regional Organisations In Meeting Los Convention Challenges: The Western And Central Pacific Experience, Ben Tsamenyi, Lara Manarangi-Trott
Professor Ben M Tsamenyi
No abstract provided.
Discussion Paper: Australia's Ability To Meet The Requirements Of European Commission Regulation No. 1005/2008 'Establishing A Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Discussion Paper: Australia's Ability To Meet The Requirements Of European Commission Regulation No. 1005/2008 'Establishing A Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Professor Ben M Tsamenyi
On 29 September 2008, the European Commission (EC) passed Regulation 1005/2008 ‘establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing’ (the EC IUU Regulation). The Regulation will come into force on 1 January 2010. The Regulation has the following major implications for the Australian seafood export industry: a. All consignments of wild caught fish and fish product (with exceptions) will be prohibited from being imported into European Union Member States, unless a catch certificate accompanies them. The catch certificate must contains the harvest details of the fish (e.g. vessel and master’s name and number, fishing …
Responsble Fishing Practices And Combatting Iuu Fishing: International And Regional Standards, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi
Responsble Fishing Practices And Combatting Iuu Fishing: International And Regional Standards, Mary Ann Palma, Quentin Hanich, 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.
Evaluation Of The Pacific Oceanscape To Manage The Pacific Islands And Ocean Environment, Ben Tsamenyi, Joytishna Jit
Evaluation Of The Pacific Oceanscape To Manage The Pacific Islands And Ocean Environment, Ben Tsamenyi, Joytishna Jit
Professor Ben M Tsamenyi
The forty-first meeting of Pacific Island Forum (PIF) in Port Vila, Vanuatu in August 2010 endorsed the new concept of 'Pacific Oceanscape' to support development, management and conservation of the Pacific Islands region. The leaders also encouraged all Pacific Islands regional organisations to implement the concept in partnership with other relevant organisations. The Pacific Oceanscape concept is a renewed effort to implement the Pacific [slands Regional Oceans Policy (PIROP). [t reflects all PIROP principles and aligns them with urgencies associated with climate change impacts on small island developing states. It also promotes regional cooperation in the establishment and management of …
Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Professor Ben M Tsamenyi
No abstract provided.
Fisheries Dispute Settlement Under The Law Of The Sea Convention: Current Practice In The Western And Central Pacific Region, Martin Tsamenyi, Ben Milligan, Kwame Mfodwo
Fisheries Dispute Settlement Under The Law Of The Sea Convention: Current Practice In The Western And Central Pacific Region, Martin Tsamenyi, Ben Milligan, Kwame Mfodwo
Professor Ben M Tsamenyi
No abstract provided.
Cites 'Introduction From The Sea': A Practical Way Forward, Ben Tsamenyi, Quentin Hanich, Gerry Geen, Frank Meere, Mary Lack, Glenn Sant
Cites 'Introduction From The Sea': A Practical Way Forward, Ben Tsamenyi, Quentin Hanich, Gerry Geen, Frank Meere, Mary Lack, Glenn Sant
Professor Ben M Tsamenyi
On 31 August 2007, TRAFFIC and ANCORS* (The Australian National Centre for Ocean Resources and Security) convened a small group of experts to examine operational issues relating to the question of who should be responsible for issuing Introduction from the Sea (IFS) documentation under CITES for Appendix II species, and how and when this should be applied. The workshop considered the practicalities of whether documentation should be issued by the flag or port State (or some combination) and ran through a series of real examples to test the veracity of its findings.
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Professor Ben M Tsamenyi
On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …
Australian Oceans Policymaking, Martin Tsamenyi, Richard Kenchington
Australian Oceans Policymaking, Martin Tsamenyi, Richard Kenchington
Professor Ben M Tsamenyi
No abstract provided.
Current International Law And Practice Regarding The Right Of Hot Pursuit, Jack Mccaffrie, Ben Tsamenyi, Quentin Hanich
Current International Law And Practice Regarding The Right Of Hot Pursuit, Jack Mccaffrie, Ben Tsamenyi, Quentin Hanich
Professor Ben M Tsamenyi
No abstract provided.
The Legal Substance And Status Of Fishing Entities In International Law: A Note, Ben Tsamenyi
The Legal Substance And Status Of Fishing Entities In International Law: A Note, Ben Tsamenyi
Professor Ben M Tsamenyi
No abstract provided.