Showing papers by "Stuart Kaye published in 2009"
TL;DR: In this paper, the determination of maritime jurisdiction vested in the Australian states, an area of law generally poorly understood and seldom considered by publicists, is discussed. But state jurisdiction is increasingly important in Australia, with increases in maritime capabilities for state police forces, the proliferation of state marine parks as part of the suite of national parks and the relevance of state jurisdiction to native title.
Abstract: Australian offshore jurisdiction is among the most complex in the world, not least in part because of the division in jurisdiction between the Commonwealth Government in Canberra, and the Australian state governments. State jurisdiction is increasingly important in Australia, with increases in maritime capabilities for state police forces, the proliferation of state marine parks as part of the suite of national parks and the relevance of state jurisdiction to native title. This article provides an introduction to the determination of maritime jurisdiction vested in the Australian states, an area of law generally poorly understood and seldom considered by publicists.
7 citations
01 Jan 2009
TL;DR: In this article, the authors examine whether the objective of creating a constitution for the oceans has been realized, as demonstrated through the prism of State practice, and examine State practice to determine whether State compliance with the Convention reflects its important status, and demonstrate any normative effect the Convention has exerted.
Abstract: This chapter examines whether the objective of creating a constitution for the oceans has been realized, as demonstrated through the prism of State practice. It considers two key regimes of the United Nations Convention on the Law of the Sea (LOS Convention) and examines State practice, with a slight emphasis on the Asia-Pacific region, to determine whether State compliance with the Convention reflects its important status, and to demonstrate any normative effect the Convention has exerted. The analysis of State behaviour considers the practice of coastal States only. In the law of the sea, freedom of navigation was perceived as a critical issue and this was reflected in the now superseded Geneva conventions on the law of the sea. A preventative approach to environmental protection is not without some appeal, but the LOS Convention provides little direct assistance for States who wish to deny passage to vessels carrying ultra-hazardous cargoes. Keywords: environmental protection; freedom of navigation; LOS Convention; State practice
1 citations