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Full-Text Articles in Law

Sea Level Rise And Maritime Zones: Preserving The Maritime Entitlements Of ‘Disappearing’ States, Rosemary Rayfuse Dec 2012

Sea Level Rise And Maritime Zones: Preserving The Maritime Entitlements Of ‘Disappearing’ States, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


War And The Environment: International Law And The Protection Of The Environment In Relation To Anned Conffict — Introduction To The Special Issue, Rosemary Rayfuse Dec 2012

War And The Environment: International Law And The Protection Of The Environment In Relation To Anned Conffict — Introduction To The Special Issue, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


International Law In The Era Of Climate Change, Rosemary Rayfuse (Ed.), Shirley Scott (Ed.) Dec 2011

International Law In The Era Of Climate Change, Rosemary Rayfuse (Ed.), Shirley Scott (Ed.)

Rosemary Rayfuse

No abstract provided.


Climate Change Mitigation Activities In The Ocean: Regulatory Frameworks And Implications, Rosemary Rayfuse Dec 2011

Climate Change Mitigation Activities In The Ocean: Regulatory Frameworks And Implications, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Differentiating The Common? The Responsibilities And Obligations Of States Sponsoring Deep Seabed Mining Activities In The Area, Rosemary Rayfuse Dec 2011

Differentiating The Common? The Responsibilities And Obligations Of States Sponsoring Deep Seabed Mining Activities In The Area, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Precaution And The Protection Of Marine Biodiversity In Areas Beyond National Jurisdiction, Rosemary Rayfuse Dec 2011

Precaution And The Protection Of Marine Biodiversity In Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


The Challenge Of Food Security: International Policy And Regulatory Frameworks, Rosemary Rayfuse (Ed.), Nicole Weisfelt (Ed.) Dec 2011

The Challenge Of Food Security: International Policy And Regulatory Frameworks, Rosemary Rayfuse (Ed.), Nicole Weisfelt (Ed.)

Rosemary Rayfuse

No abstract provided.


The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse Apr 2011

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

The Earth has entered the anthropocene era; the era in which human activities have begun to have a significant global impact of the Earth’s climate and ecosystems. Covering more than 60% of the Earth’s surface, the oceans comprise a complex, dynamic and vast component of the Earth’s ecological system, second in size only to the global atmosphere. The oceans are a major provider of ecosystem services, food, mineral and other resources, and a major medium for global transportation and communication. Nevertheless, while once thought inexhaustible, unlimited and capable of supporting any human activity or use, it is now clear that …


W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse Apr 2011

W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse Apr 2011

International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse

Rosemary Rayfuse

This paper examines the rules of international law relating to the establishment of maritime zones and their application in the case of sea level rise with particular reference to ‘disappearing states’. Substantive and procedural options for overcoming the presumption of the ambulatory nature of baselines are examined and the analysis applied to situations of inundation of island states by sea level encroachment. It is argued that it would be both inequitable and inconsistent with the objectives of the law of the sea for disappearing states to lose their maritime zones. A solution to the ‘disappearing state’ dilemma is suggested through …


Iron Ocean Fertilization And International Law, David Freestone, Rosemary Rayfuse Apr 2011

Iron Ocean Fertilization And International Law, David Freestone, Rosemary Rayfuse

Rosemary Rayfuse

Intentional ocean fertilisation and the commercial sale of associated carbon offsets raise a number of issues in international law. On the one hand states are obliged to adopt adaptation and mitigation measures to prevent dangerous climate change. On the other hand, international law obliges states to protect and preserve the marine environment and to act in a precautionary manner in the face of scientific uncertainty. This article examines the application of the international law of the sea to ocean fertilisation, with particular reference to the dumping regime which prohibits the dumping of wastes or other materials from vessels into the …


Warm Waters And Cold Shoulders: Jostling For Jurisdiction In Polar Oceans, Rosemary Rayfuse Apr 2011

Warm Waters And Cold Shoulders: Jostling For Jurisdiction In Polar Oceans, Rosemary Rayfuse

Rosemary Rayfuse

In May 2008 the five Arctic coastal states adopted the Ilullisat Declaration in which they asserted their role as stewards, for the international community, of the Arctic Ocean ecosystem. This paper discusses the legal basis for their claim to stewardship with particular reference to the high seas portion of the central Arctic Ocean, and their assertion that no need exists for a new comprehensive legal regime in respect of those high seas waters. It is argued that while the high seas regime of the Arctic may be extensive, it is not comprehensive. Thus, the legitimacy of the claim to stewardship …


Australia And Climate Change Diplomacy: Towards A Post-2012 Regime – Policy Proposals On Australia’S Climate Change Diplomacy, Rosemary Rayfuse, Shirley Scott Apr 2011

Australia And Climate Change Diplomacy: Towards A Post-2012 Regime – Policy Proposals On Australia’S Climate Change Diplomacy, Rosemary Rayfuse, Shirley Scott

Rosemary Rayfuse

A workshop on Australia and Climate Change Diplomacy: Towards a Post-Kyoto Regime (the Workshop) was held at the Faculty of Law, University of New South Wales on 22-23 November 2007. The purpose of the Workshop was to evaluate Australia’s past and current climate change diplomacy and to make policy recommendations for the future. The interdisciplinary Workshop brought together 19 leading experts in economics, science, international relations, law, and business. The majority were academics, but the group also included private consultants and NGO representatives from Australia with one visitor from China. The Workshop was organised and hosted by Associate Professor Rosemary …


Regional Allocation Issues Or Zen And The Art Of Pie Cutting, Rosemary Rayfuse Apr 2011

Regional Allocation Issues Or Zen And The Art Of Pie Cutting, Rosemary Rayfuse

Rosemary Rayfuse

Regional Fisheries Management Organisations (RFMOs) have increasingly become the mechanism of choice through which high seas fisheries are to be managed. How these organisations allocate fishing opportunities for the dwindling resources under their jurisdiction is, however, a difficult and often controversial issue. Achieving equitable, scientifically reliable and sustainable allocations as between members and as between members and non-members has serious implications for the operational efficacy and legitimacy of an RFMO and its management regime. This paper examines the allocation practices adopted in RFMOs in the context of the tension between state sovereignty and the development of rules of international law …


Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse Dec 2010

Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse

Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for …


International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse Dec 2010

International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse Dec 2009

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse Dec 2009

Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse Dec 2009

Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


The Mcs And Enforcement Regime, Rosemary Rayfuse, Evelyne Meltzer Dec 2008

The Mcs And Enforcement Regime, Rosemary Rayfuse, Evelyne Meltzer

Rosemary Rayfuse

No abstract provided.


Building Sustainable High Seas Fisheries Through Certification Processes: Issues And Perspectives, Rosemary Rayfuse Dec 2008

Building Sustainable High Seas Fisheries Through Certification Processes: Issues And Perspectives, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Non-Flag State Enforcement And Protection Of The Marine Environment: Responding To Iuu Fishing, Rosemary Rayfuse Dec 2008

Non-Flag State Enforcement And Protection Of The Marine Environment: Responding To Iuu Fishing, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Warm Waters And Cold Shoulders: Jostling For Jurisdiction In Polar Oceans, Rosemary Rayfuse Dec 2008

Warm Waters And Cold Shoulders: Jostling For Jurisdiction In Polar Oceans, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse Dec 2008

Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Ocean Iron Fertilization And International Law, David Freestone, Rosemary Rayfuse Dec 2007

Ocean Iron Fertilization And International Law, David Freestone, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Australia's Climate Change Law And Diplomacy, Rosemary Rayfuse, Shirley Scott (Ed.) Dec 2007

Australia's Climate Change Law And Diplomacy, Rosemary Rayfuse, Shirley Scott (Ed.)

Rosemary Rayfuse

No abstract provided.


Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse Dec 2007

Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Current Legal Developments: International Union For The Conservation Of Nature, David Freestone, Kristina Gjerde, Rosemary Rayfuse, David Vanderzwaag Dec 2007

Current Legal Developments: International Union For The Conservation Of Nature, David Freestone, Kristina Gjerde, Rosemary Rayfuse, David Vanderzwaag

Rosemary Rayfuse

No abstract provided.


Drowning Our Sorrows To Secure A Carbon Free Future? Some International Legal Considerations Relating To Sequestering Carbon By Fertilising The Oceans, Rosemary Rayfuse Dec 2007

Drowning Our Sorrows To Secure A Carbon Free Future? Some International Legal Considerations Relating To Sequestering Carbon By Fertilising The Oceans, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Protecting Marine Biodiversity In Polar Areas Beyond National Jurisdiction., Rosemary Rayfuse Dec 2007

Protecting Marine Biodiversity In Polar Areas Beyond National Jurisdiction., Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.