ORCID Profile
0000-0001-9678-2227
Current Organisation
University of Sydney
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Law | International Law (excl. International Trade Law) | Environmental And Natural Resources Law | International Relations | Australian History (excl. Aboriginal and Torres Strait Islander History) | Human Bioethics | Public Policy | International Trade Law | Conflict of Laws (Private International Law) |
International Organisations | Expanding Knowledge in Law and Legal Studies | Environmental policy, legislation and standards not elsewhere classified | Understanding legal processes | Taxation | Public health not elsewhere classified | Justice and the Law not elsewhere classified | Public Services Policy Advice and Analysis | Law Reform | Expanding Knowledge in History and Archaeology
Publisher: Informa UK Limited
Date: 06-08-2008
Publisher: The National and University Library of Iceland
Date: 2017
DOI: 10.33112/NM.12.1.15
Publisher: Informa UK Limited
Date: 14-09-2023
Publisher: Edward Elgar Publishing
Date: 25-11-2016
Publisher: Cambridge University Press
Date: 21-03-2013
Publisher: Brill
Publisher: Hart Publishing
Date: 2017
Publisher: Brill
Date: 2004
Abstract: The Southern Bluefin Tuna case has provoked extensive commentary examining the implications of the litigation for the settlement of controversies involving the dispute settlement mechanisms of multiple treaties. However the case has a much broader significance. Drawing upon an analysis of the impact of the litigation on the Commission for the Conservation of SBT, this article explores the role of international adjudication in securing positive environmental outcomes. The case illustrates the significance of provisional measures in responding to environmental threats. However, judicial settlement is subject to several major limitations: generally it is reactive, can only involve a few parties and can only deal with a limited set of legal questions. More fundamentally, the effectiveness of international courts or arbitral panels may be constrained by the nature of environmental instruments themselves, which often lack precision in terms of objective rules of conduct and are often deeply ambivalent in terms of their objects and purposes.
Publisher: Cambridge University Press
Date: 2018
Publisher: Edward Elgar Publishing
Date: 30-07-2013
Publisher: Oxford University Press
Date: 02-06-2016
DOI: 10.1093/LAW/9780198715481.003.0034
Abstract: This chapter examines the impact of climate change and ocean acidification on the oceans and their implications for the international law of the sea. In particular, it assesses the implications of rising sea levels for territorial sea baselines, the seawards extent of maritime zones, and maritime boundaries. It also considers the restrictions placed by the UN Nations Convention on the Law of the Sea (LOSC) upon States in pursuing climate mitigation and adaptation policies, such as attempts to ‘engineer’ the global climate by artificially enhancing the capacity of the oceans to draw CO2 from the atmosphere. The chapter analyzes the role of the LOSC, alongside other treaty regimes, in addressing the serious threat of ocean acidification.
Publisher: Elsevier BV
Date: 2009
DOI: 10.2139/SSRN.1378635
Publisher: Oxford University Press
Date: 02-06-2016
DOI: 10.1093/LAW/9780198715481.003.0039
Abstract: This chapter assesses the future of the law of the sea in light of the analysis of the past and present development of the law of the sea provided in the preceding chapters. It looks at key themes emerging from this Handbook, with particular attention to the future of maritime limits and zones, law of the sea actors and institutions, substantive regimes under the law of the sea, and regional seas. It considers the future for the UN Nations Convention on the Law of the Sea (LOSC), the ‘Constitution of the Oceans’.
Publisher: Edward Elgar Publishing
Date: 05-2018
Publisher: Brill
Date: 05-12-2015
Abstract: One aspect of the ‘Asian Century’ has been the growing interest from Asian states in Antarctica and the Southern Ocean that surrounds the continent. There has been a significant shift in the approach by a number of Asian states to the Antarctic Treaty and the Antarctic Treaty System ( ATS ) that has been built upon and around it. While Asian states continue to be under-represented in the ATS (there are seven Asian state parties to the Antarctic Treaty), participation has grown, and more significantly the view that the ATS is an ‘exclusive club’ dominated by developed states has given way to a more pragmatic, more cooperative and less ideological approach to Antarctic affairs. Broadening ATS membership and increasing interest from existing Asian state parties to the ATS , most notably China, prompts questions as to whether there are distinctive Asian–Antarctic issues, and if so whether the Antarctic regime can evolve to address them. Specifically, are the governance and law-making processes of the ATS , which have not changed significantly for decades, up to the task of providing an effective international system of Antarctic management in this Asian Century?
Publisher: Brill
Date: 2012
DOI: 10.1163/15718085-12341250
Abstract: Rules of jurisdiction and immunity are central to public international law, and equally vital to the United Nations Convention on the Law of the Sea (LOSC). The LOSC established an extensive framework to regulate legislative and enforcement jurisdiction over ocean space one that has proven to be remarkably durable, despite lingering uncertainties in the compromise reached between coastal and maritime states. State practice erging from the LOSC’s jurisdictional scheme has been isolated and infrequent, and the scheme has been strengthened and elaborated by regional and global treaties addressing contemporary oceans governance challenges, especially in the arenas of pollution control and fisheries management. As the LOSC turns thirty, a key challenge will be keeping in check the designs of coastal states over adjacent maritime space as they look seawards to address pressing concerns of resource, food, energy and environmental security.
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Edward Elgar Publishing
Date: 29-06-2018
Publisher: Brill | Nijhoff
Date: 2013
Publisher: Edward Elgar Publishing
Date: 23-04-2021
Publisher: Edward Elgar Publishing
Date: 27-01-2017
Publisher: Edward Elgar Publishing
Date: 19-10-2021
Publisher: Informa UK Limited
Date: 10-2016
Publisher: Wiley
Date: 12-2022
Abstract: As with other fields of international law addressing human‐nature relations, the Anthropocene invites the reappraisal and reimagining of the law of the sea, the primary normative framework through which states regulate access to, and the use of, the global ocean. The UN Convention on the Law of the Sea (UNCLOS) effected a major shift in global ocean governance towards a public order of the seas. However, the law of the sea remains substantially tethered to a Holocene conception of the ocean as a stable environmental domain of extractive exploitation and jurisdictional demarcation. This is illustrated by the confined scope of negotiations on a new implementing agreement under UNCLOS on the conservation and use of marine bio ersity beyond national jurisdiction. Additionally, there has been limited acknowledgment of the multiple sites at which ocean governance in the Anthropocene takes place, in particular the central role of the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement on Climate Change. It is contended that one way forward for addressing both these conceptual constraints and the UNCLOS and UNFCCC regime coordination challenges is the adoption of global ocean governance goals informed by the ‘Planetary Boundaries’ framework.
Publisher: Edward Elgar Publishing
Date: 11-2018
Publisher: Cambridge University Press
Date: 10-04-2014
Publisher: Oxford University Press
Date: 02-06-2016
DOI: 10.1093/LAW/9780198715481.003.0025
Abstract: This chapter begins by considering the definition of marine scientific research (MSR), followed by a brief assessment of the development of the regime dealing with MSR. It then examines the MSR regime contained within the 1982 UN Nations Convention on the Law of the Sea (LOSC) from a zonal and operational perspective, followed by an analysis of how MSR is dealt with in complementary legal regimes. Next, the chapter reviews current coastal State legislative frameworks regulating MSR and comments on future issues confronting the regime.
Publisher: Brill | Nijhoff
Date: 2010
Publisher: Informa UK Limited
Date: 02-01-2020
Publisher: Edward Elgar Publishing
Date: 10-12-2020
Publisher: Routledge
Date: 12-09-2019
Publisher: Brill
Date: 07-05-2019
Publisher: Oxford University Press (OUP)
Date: 29-03-2017
DOI: 10.1093/BYBIL/BRX002
Publisher: Edward Elgar Publishing
Date: 19-10-2021
Publisher: Edward Elgar Publishing
Date: 07-2018
Publisher: Cambridge University Press
Date: 12-02-2009
Abstract: International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.
Publisher: Cambridge University Press (CUP)
Date: 31-03-2010
DOI: 10.1017/S0032247409990532
Abstract: This article considers the legal and policy issues surrounding the establishment of continental shelves beyond 200 nautical miles (nm) from sub-Antarctic islands. Under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) a coastal state may establish a continental shelf that extends seawards beyond 200 nm where the continental shelf continues, normally to a total distance of no more than 350 nm. To establish such an extended continental shelf (ECS) a coastal state must file a submission of delineation data with the Commission on the Limits of the Continental Shelf (CLCS), a technical body established by UNCLOS. The rights of coastal states present particular difficulties in the Antarctic Treaty area (ATA), due to the general non-recognition of the seven territorial claims and the provisions of article IV of the Antarctic Treaty. Accordingly, Antarctic claimant states are generally adopting a restrained approach to the issue of ECS as appertaining to claimed territories in Antarctica in their submissions to the CLCS. These states appear to recognise that they cannot secure the normal prerogatives of a coastal state from territorial sea baselines within the ATA, at least for the duration of the present Antarctic Treaty system (ATS). A different approach is being taken with respect of sub-Antarctic islands lying north of the ATA. Sovereignty over sub-Antarctic territory north of the ATA is, with the exception of South Georgia and the South Sandwich Islands, not contested. Accordingly, rights in relation to any continental shelf attaching to sub-Antarctic islands may be realised, apparently without challenging the Antarctic modus vivendi . However, the ECS of several sub-Antarctic islands penetrate the ATA. In 2008, the CLCS largely endorsed the 2004 Australian submission that included data on ECS from Australia's sub-Antarctic islands of Macquarie Island and the Heard and McDonald group. The ECS from both groups penetrates south of 60°S into the ATA, in the case of Heard and McDonald covering a huge area. Although the wider dispute regarding sovereignty between the United Kingdom and Argentina adds complexity to the case, the South Sandwich Islands are sufficiently close to the ATA that their continental shelf also penetrates the area. In the event that the CLCS were ever able to make a recommendation on a submission of data relating to the South Sandwich Islands (something that could only occur with the consent of Argentina and the United Kingdom) the result would be a situation similar to that pertaining to the Australian sub-Antarctic islands. The consequence of these developments is that rights to seabed areas within the ATA have been assigned to in idual states. On the face of it, this appears to be in conflict with the norm of collective responsibility that was established by the Antarctic Treaty 50 years ago precisely to constrain sovereignty issues in the region. What is suggested by this practice is a difference in the attitude of Antarctic Treaty Consultative Parties (ATCPs) to rights generated from territory within the ATA and rights generated from external territory. Nonetheless, there may be significant implications flowing from the latter for resource issues within the ATA. Minerals exploitation on sub-Antarctic extended continental shelf within the ATA is precluded in the near-term because of cost, the formal prohibition under article 7 of the 1991 Protocol on Environmental Protection to the Antarctic Treaty, and the fact that all sub-Antarctic coastal states are ATCPs. However the situation in regard to other resource activities is less clear. Bioprospecting could proceed subject to coastal state approval pursuant to the provisions of UNCLOS relating to marine scientific research, and there is no mandatory regulation under the ATS. The possibility that a coastal state may seek to realise rights on the ECS in relation to genetic resources may complicate collective ATS approaches and pose wider geopolitical challenges. In the longer term, the fact that some Antarctic states are presently seeking to secure rights that are essentially about ensuring their preclusive access to resources may have significant implications for strategic interests in the greater Antarctic region.
Publisher: Springer Science and Business Media LLC
Date: 11-08-2202
DOI: 10.1038/NG.2711
Publisher: Edward Elgar Publishing
Date: 08-12-2020
Publisher: Edward Elgar Publishing
Date: 25-04-2014
Publisher: Routledge
Date: 19-07-2019
Publisher: Cambridge University Press (CUP)
Date: 03-2005
Publisher: Routledge
Date: 11-02-2015
Publisher: Cambridge University Press
Date: 28-06-2018
Publisher: Informa UK Limited
Date: 12-2012
Publisher: Brill
Date: 2006
DOI: 10.22145/AYBIL.25.7
Publisher: Edward Elgar Publishing
Date: 29-11-2019
Publisher: Edward Elgar Publishing
Date: 21-08-2017
Publisher: Springer Science and Business Media LLC
Date: 2001
Publisher: Bloomsbury Publishing (UK)
Date: 2015
Abstract: Antarctica, one of the world's last great wildernesses, presents special challenges for international law. Fears that Antarctica would become a front in the Cold War catalysed agreement on the 1959 Antarctic Treaty which neither legitimised nor challenged the existing sovereign claims to the continent. The unique Antarctic Treaty System has provided the foundation for peaceful, harmonious and effective governance. There are, however, new anxieties about the frozen continent and the Southern Ocean. Antarctica already feels the effects of climate change and ocean acidification. Claimant states assert rights to the Antarctic continental shelf and interest in Antarctic resources grows. Tourism brings new environmental and safety risks. China and other powers are increasing their activities, with some questioning the consensus of the 'Antarctic club'. Security concerns are increasingly discussed, despite Antarctica's dedication to peaceful purposes. This book brings together the main primary international materials concerning the regulation and governance of Antarctica, including multilateral and bilateral treaties, United Nations materials, 'soft laws' and judicial decisions. It covers the spectrum of Antarctic issues from environmental protection to scientific cooperation to tourism. As it shows, Antarctic law has constantly adapted to meet new challenges and is a sophisticated, inclusive, dynamic and responsive regime.
Publisher: Edward Elgar Publishing
Date: 30-10-2015
Publisher: Edward Elgar Publishing
Date: 30-09-2016
Publisher: Edward Elgar Publishing
Date: 25-11-2016
Publisher: Cambridge University Press
Date: 02-02-2012
Publisher: Elsevier BV
Date: 2006
DOI: 10.2139/SSRN.938027
Publisher: Edward Elgar Publishing
Date: 15-05-2020
Publisher: Routledge
Date: 08-05-2017
Publisher: Brill | Nijhoff
Date: 2013
Publisher: Wiley
Date: 07-2007
Publisher: Edward Elgar Publishing
Date: 25-04-2014
Publisher: Informa UK Limited
Date: 02-07-2016
Publisher: Routledge
Date: 31-08-2020
Publisher: Informa UK Limited
Date: 18-12-2017
Publisher: Cambridge University Press
Date: 12-2011
Publisher: Elsevier BV
Date: 2016
DOI: 10.2139/SSRN.2747779
Publisher: Edward Elgar Publishing
Date: 30-09-2016
Publisher: Edward Elgar Publishing
Date: 05-2019
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Lexxion Verlag
Date: 2009
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Wiley
Date: 17-12-2020
DOI: 10.1111/REEL.12387
Abstract: Safeguarding the Amazon biome remains a critical priority, not only for the eight Amazon River basin States but also for the world at large given the ecosystem’s planetary importance. There is now a new sense of urgency surrounding Amazon protection given the substantial increase in rates of deforestation and fires in the region. Accordingly, new options to advance Amazon protection are beginning to be explored, including proceedings in international courts and tribunals. This article provides a critical assessment of the potential for such litigation, examining the possible claims that could be advanced, the risks associated with each of these and which are more likely to be successful. It argues that the litigation landscape is complex, and there are jurisdictional, normative and evidentiary hurdles in the way of a clear‐cut judgment requiring Amazon States to take the urgent and direct measures needed to bring the ecosystem back from the brink.
Publisher: Bloomsbury Publishing (UK)
Date: 2015
Publisher: Cambridge University Press (CUP)
Date: 10-2015
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Cambridge University Press
Date: 31-05-2019
Publisher: Cambridge University Press
Date: 12-02-2009
Publisher: Elsevier BV
Date: 2008
DOI: 10.2139/SSRN.1121605
Publisher: Cambridge University Press (CUP)
Date: 10-05-2023
DOI: 10.1017/ILM.2023.16
Abstract: The Kunming–Montreal Global Bio ersity Framework (the Framework) was adopted at the Fifteenth Meeting of the Conference of the Parties (COP15) to the 1992 Convention on Biological Diversity (CBD) on December 19, 2022. Despite the efforts made under the CBD, bio ersity loss has continued at an alarming rate, and the targets set under the Convention's Strategic Plan for Bio ersity 2011–2020 were not fully achieved. In 2018, the CBD Parties therefore adopted a decision to develop a post-2020 global bio ersity framework to guide international efforts towards the conservation and sustainable use of bio ersity over the next decade. The Framework, the adoption of which was delayed by two years by the COVID-19 pandemic, succeeds and replaces the 2011–2020 Strategic Plan for Bio ersity and its accompanying Aichi Targets. The Framework includes four overarching goals and twenty-three accompanying targets to be achieved by 2030, together with four long-term goals to achieve the 2050 Vision for Bio ersity.
Publisher: Edward Elgar Publishing
Date: 19-10-2021
Publisher: Informa UK Limited
Date: 02-07-2016
Publisher: Routledge
Date: 2012
Publisher: Cambridge University Press (CUP)
Date: 2004
Abstract: A feature of the new law of the sea introduced by the 1982 United Nations Convention on the Law of the Sea (LOS Convention), 1 was the capacity for coastal states to assert vast maritime claims over waters adjacent to their coastlines. A continental shelf could be claimed out to a minimum of 200 nautical miles, 2 while the newly recognized Exclusive Economic Zone (EEZ) also extended out to 200 nautical miles. 3 The continental shelf had previously been recognized under the 1958 Geneva Convention on the Continental Shelf 4 and so the extension of coastal state sovereign rights over the seabed and subsoil was consistent with already existing law of the sea principles. However the EEZ, which gave to coastal states sovereign rights over the living and non-living resources of the sea-bed and adjacent waters, 5 was a new initiative of the LOS Convention and represents one of the most significant contemporary expansions of state sovereignty. By contrast with the extended continental shelf, which did not affect any significant pre-existing activities on the sea-bed, the new EEZ had a major impact upon fishing activities. As coastal states around the world eagerly proclaimed EEZs, waters previously considered high seas areas available for fishing 6 were now within the reach of state fisheries’ jurisdiction and control. The result has been that under contemporary international law those waters available for the exercise of the high seas ‘freedom’ of fishing, 7 have gradually been reduced. This new regime, in combination with parallel initiatives to regulate some aspects of high seas fishing activities, has meant that ‘legal’ fishing on the high seas is now subject to extensive regulation.
Publisher: Edward Elgar Publishing
Date: 09-2016
Publisher: Edward Elgar Publishing
Date: 24-09-2021
Location: United Kingdom of Great Britain and Northern Ireland
Start Date: 2014
End Date: 2014
Funder: Australian Research Council
View Funded ActivityStart Date: 2019
End Date: 2021
Funder: Australian Research Council
View Funded ActivityStart Date: 2014
End Date: 2018
Funder: Australian Research Council
View Funded ActivityStart Date: 2018
End Date: 2018
Funder: Australian Research Council
View Funded ActivityStart Date: 2014
End Date: 12-2015
Amount: $284,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 03-2004
End Date: 12-2004
Amount: $10,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 02-2010
End Date: 09-2013
Amount: $224,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 03-2019
End Date: 06-2024
Amount: $466,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 07-2015
End Date: 11-2019
Amount: $711,995.00
Funder: Australian Research Council
View Funded ActivityStart Date: 10-2018
End Date: 12-2019
Amount: $191,340.00
Funder: Australian Research Council
View Funded Activity