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Legislative implementation of the law of the sea convention in Australia

Journal Article


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Abstract


  • All States with marine and maritime interests need to ensure that their

    domestic laws enable them to meet their obligations, and to take

    advantage of the rights afforded to them, under the international law of

    the sea. This body of international law is structured around one of the

    most extensive and widely ratified international treaties: the United

    Nations Convention on the Law of the Sea (‘LOSC’).1 This paper reviews

    the general process by which obligations and rights in international

    treaties become part of domestic law and then examines Australia’s

    experience in incorporating into its domestic law three broad areas of

    prescriptive and enforcement jurisdiction provided in the LOSC:

    maritime zones, fisheries and navigation. It is revealed that there are a

    number of areas in which Australia’s domestic law does not align exactly

    with provisions in the LOSC. This is due to the nature of the process for

    domestic legislative incorporation of international law and the desire by

    the Australian Government to contribute to the development of the

    international law of the sea in areas where LOSC provisions are open to a

    range of interpretations.

Publication Date


  • 2013

Citation


  • Gullett, W. (2013). Legislative implementation of the law of the sea convention in Australia. University of Tasmania Law Review, 32 (2), 184-207.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2116&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1111

Number Of Pages


  • 23

Start Page


  • 184

End Page


  • 207

Volume


  • 32

Issue


  • 2

Place Of Publication


  • Australia

Abstract


  • All States with marine and maritime interests need to ensure that their

    domestic laws enable them to meet their obligations, and to take

    advantage of the rights afforded to them, under the international law of

    the sea. This body of international law is structured around one of the

    most extensive and widely ratified international treaties: the United

    Nations Convention on the Law of the Sea (‘LOSC’).1 This paper reviews

    the general process by which obligations and rights in international

    treaties become part of domestic law and then examines Australia’s

    experience in incorporating into its domestic law three broad areas of

    prescriptive and enforcement jurisdiction provided in the LOSC:

    maritime zones, fisheries and navigation. It is revealed that there are a

    number of areas in which Australia’s domestic law does not align exactly

    with provisions in the LOSC. This is due to the nature of the process for

    domestic legislative incorporation of international law and the desire by

    the Australian Government to contribute to the development of the

    international law of the sea in areas where LOSC provisions are open to a

    range of interpretations.

Publication Date


  • 2013

Citation


  • Gullett, W. (2013). Legislative implementation of the law of the sea convention in Australia. University of Tasmania Law Review, 32 (2), 184-207.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2116&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1111

Number Of Pages


  • 23

Start Page


  • 184

End Page


  • 207

Volume


  • 32

Issue


  • 2

Place Of Publication


  • Australia