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Full-Text Articles in Law

Ocean Energy And The Law Of The Sea: The Need For A Protocol, Ben Tsamenyi, Max Herriman Mar 2013

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, …


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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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.


Maritime Cooperation In The South Pacific: Trends And Opportunities, Ben Tsamenyi Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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 Mar 2013

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.


Responsble Fishing Practices And Combatting Iuu Fishing: International And Regional Standards, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi Mar 2013

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 Mar 2013

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.


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 Mar 2013

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.


Cites 'Introduction From The Sea': A Practical Way Forward, Ben Tsamenyi, Quentin Hanich, Gerry Geen, Frank Meere, Mary Lack, Glenn Sant Mar 2013

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.


Australian Oceans Policymaking, Martin Tsamenyi, Richard Kenchington Mar 2013

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 Mar 2013

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 Mar 2013

The Legal Substance And Status Of Fishing Entities In International Law: A Note, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu Mar 2013

International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu

Professor Ben M Tsamenyi

No abstract provided.


Future Environmental Policy Trends To 2020: Impact On Ship Design And Operation, Cameron Moore, Stuart Kaye, G. Rose, Ben Tsamenyi, Kwame Mfodwo, Linda Munoz, Barry Snushall Mar 2013

Future Environmental Policy Trends To 2020: Impact On Ship Design And Operation, Cameron Moore, Stuart Kaye, G. Rose, Ben Tsamenyi, Kwame Mfodwo, Linda Munoz, Barry Snushall

Professor Ben M Tsamenyi

The aim of this report is to provide the Royal Australian Navy with a strategic assessment of trends in international and domestic environmental law, policy and standards over the next 20 years, and the extent to which these may impact on future ship design and naval operation.


Pacific Islands Tuna Fisheries: The Fisheries Subsidies Debate, Ben Tsamenyi, Vina Ram Biesi Mar 2013

Pacific Islands Tuna Fisheries: The Fisheries Subsidies Debate, Ben Tsamenyi, Vina Ram Biesi

Professor Ben M Tsamenyi

No abstract provided.


International Principles In Marine Conservation And Management, G. Rose, Quentin Hanich, Ruth Davis, Ben Tsamenyi, Afroza Begum Mar 2013

International Principles In Marine Conservation And Management, G. Rose, Quentin Hanich, Ruth Davis, Ben Tsamenyi, Afroza Begum

Professor Ben M Tsamenyi

No abstract provided.


Coral Reefs & Coastal Management In Indonesia, Ben Tsamenyi, Richard Kenchington, Mohammad Kasim Moosa Mar 2013

Coral Reefs & Coastal Management In Indonesia, Ben Tsamenyi, Richard Kenchington, Mohammad Kasim Moosa

Professor Ben M Tsamenyi

No abstract provided.


Managing Fisheries And Corruption In The Pacific Islands Region, Ben Tsamenyi, Quentin Hanich Mar 2013

Managing Fisheries And Corruption In The Pacific Islands Region, Ben Tsamenyi, Quentin Hanich

Professor Ben M Tsamenyi

The Pacific Islands region includes some of the smallest countries in the world, some of which are in a precarious economic condition and heavily reliant on the region's tuna fisheries for revenue and food security. The ability of some of these countries to profit from their fisheries resources, and effectively conserve these resources for future generations, is undermined by a combination of economic, governance and institutional weaknesses that make these countries vulnerable to corruption in the fisheries sector.