Suchergebnisse

This volume identifies those issues that affect Australia and New Zealand's maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics.€The book also addresses considerations in the Pacific, Asian and Antarctic regions.

Australia and Canada have been at the forefront of efforts to operationalize integrated oceans and coastal management. Throughout the 1990s both countries devoted considerable effort to developing strategies to give effect to international ocean management obligations. This key book focuses on principles of marine environmental conservation and management, maritime regulation and enforcement, and regional maritime planning and implementation. With contributions from respected scholars, this informative book collectively assesses the obligations, compliance, implementation and trends in international ocean law, particularly in giving effect to an Oceans Policy, regional maritime planning, international oceans governance, and maritime security. This book will be of interest to all academics involved with maritime studies and international law.

"This book is a comprehensive guide to Australian coastal and marine law. Since the landmark enactment of the Seas and Submerged Lands Act 1973 (Cth), and the subsequent High Court decision in NSW v Commonwealth, there have been rapid developments in Australian coastal and marine law and policy. The Offshore Constitutional Settlement paved the way for offshore management between the Commonwealth, States and the Northern Territory, and from this foundation a raft of new environmental laws were adopted in the 1980s and 1990s, often promoted by international developments such as the 1982 United Nations Convention on the Law of the Sea, or through new marine pollution conventions adopted by the International Maritime Organisation. In the last decade as a result of the increased profile associated with concerns over climate change, whaling, and major maritime incidents such as the Pasha Bulker (2007), Pacific Adventurer (2009), the Montara oil platform spill (2009), and Shen Neng I (2010) there has been greater environmental consciousness and concern about the need to have a comprehensive legal framework in place to deal with these issues. The book particularly reflects upon how Australian law regulates and manages a range of environmental issues which arise in the coastal zone and the marine environment. The Australian maritime domain is the focus of analysis, including all areas within State and Territorial jurisdiction, and areas within Commonwealth control and regulation. Activities that are subject to specific consideration include the continental shelf, fishing, indigenous rights, marine parks, marine pollution, ports and harbours, and shipping"--

The 1982 United Nations Convention on the Law of the Sea created a new framework for the conduct of maritime affairs. The Convention remains a shining example of international cooperation, diplomacy and the role of international law in the regulation of international affairs and oceans management. The institutions established under the Convention, which entered into force in 1994, are now all operating and the way they are fulfilling their tasks under the Convention is taking shape. Chapters throughout this book assess the roles and impact upon oceans management of the International Tribunal for the Law of the Sea, the International Sea-Bed Authority, the Commission on the Limits of the Continental Shelf, and the Convention's Meeting of States Parties. Institutions outside the Convention's framework are also assessed, including the International Maritime Organization in respect of the regime for archipelagic sea lanes and international straits, the Food and Agriculture Organization and regional fisheries organizations, and the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. In the evolving area of oceans management, the way in which global and regional institutions have been involved in implementing the Convention on the Law of the Sea raises both questions concerning the interpretation of the Convention's substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea's continuing evolution in the years ahead

The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the law of the sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the law of the sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones between neighboring states) and jurisdiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention on the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it