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

2013

Maritime

Articles 1 - 6 of 6

Full-Text Articles in Law

Combating Maritime Piracy In Southeast Asia From International And Regional Legal Perspectives: Challenges And Prospects, Ahmad Amri Jan 2013

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 …


One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield Jan 2013

One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield

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

The provisions of the United Nations Convention on the Law of the Sea dealing with the delimitation of maritime boundaries are limited and open to varied interpretation. Nevertheless, the advent of the Convention had a significant impact on ocean boundary making. Subsequent developments have also arguably led to a clearer approach to maritime boundary delimitation. These evolutions are traced and contemporary challenges highlighted


Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield Jan 2013

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 …


Options To Protect Coastlines And Secure Maritime Jurisdictional Claims In The Face Of Global Sea Level Rise, Clive Schofield, David Freestone Jan 2013

Options To Protect Coastlines And Secure Maritime Jurisdictional Claims In The Face Of Global Sea Level Rise, Clive Schofield, David Freestone

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

It is now widely accepted that significant sea level rise is taking place and that this phenomenon is likely to accelerate in the future. This poses potentially disastrous implications for many coastal States, especially those with large and heavily populated low-lying coastal areas, as well as small low-lying island States. In addition to the essentially terrestrial, inward-looking threat posed to low-lying coastal areas and their associated populations from inundation by rising seas, threats also exist looking outward from the land to the ocean spaces adjacent to such threatened territories. In particular, sea level rise has the potential to significantly affect …


Holding Back The Waves? Sea Level Rise And Maritime Claims, Clive Schofield Jan 2013

Holding Back The Waves? Sea Level Rise And Maritime Claims, Clive Schofield

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

Sea level rise has the potential to influence the location of baselines along the coast from which claims to maritime jurisdiction are made. Accordingly, sea level rise may have adverse impacts on the extent of national maritime claims. This article provides a brief discussion of sea level rise before exploring the link between potentially variable baselines and the outer limits to maritime claims. Options to address these challenges are then discussed.


Maritime Security Issues In An Arc Of Instability And Opportunity, Walter S. Bateman, Quentin A. Hanich Jan 2013

Maritime Security Issues In An Arc Of Instability And Opportunity, Walter S. Bateman, Quentin A. Hanich

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

The Pacific Arc of islands and archipelagos to the north and east of Australia has been characterised both as an ‗arc of instability' and as an ‗arc of opportunity'. It is the region from or through which a threat to Australia could most easily be posed, as well as an area providing opportunities for Australia to work on common interests with the ultimate objective of a more secure and stable region. Maritime issues are prominent among these common interests. This article identifies these issues and their relevance to Australia's maritime strategy. It suggests measures Australia might take to exploit the …