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Freedom of Navigation in the Indo-Pacific Region

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Abstract


  • International law generally, and the law of the sea in particular, exert a tremendous

    influence on Australian interests, not merely in the oceans around the continent,

    but within the Australian economy generally. Australia asserts its jurisdiction over

    the largest maritime area in the world, with an exclusive economic zone (EEZ) and

    continental shelf over 1.5 times the size of mainland Australia, and a search and

    rescue responsibility covering 10 per cent of the globe. Over 95 per cent by volume

    of Australian international trade reaches Australia by sea. Over 99 per cent of the

    data traffic passing along communications links reaches Australia through fibre optic

    submarine cables. The Australian fishing industry, although small by world standards,

    generates over $50 billion per annum into the national economy. More fundamentally,

    over 85 per cent of the Australian population lives within an hour of the coastline, all of

    which provides a strong domestic security imperative for the Australian Defence Force

    (ADF) and other Government agencies to keep Australia’s maritime areas adequately

    under surveillance and protected. The law of the sea has a direct impact on ensuring

    these interests can be protected and the means and mechanisms available to Australia

    to do so. This paper examines relevant trends in the law of the sea that impact upon

    Australian interests, and assesses regional law of the sea practice.

    In part, this paper has been prepared as an analysis of, and response to, the paper

    entitled A Stronger and More Prosperous World through Secure and Accessible Seas

    prepared at the United States Naval War College (NWC) under the direction of the

    then Stockton Professor of International Law, Craig Allen. That paper was the result

    of a workshop on the future legal global order and was attended by 42 legal experts,

    from the United States and 10 other States working in government and academia, in

    November 2006. The workshop participants, on a non-attributable basis, attempted

    to predict the shape and content of international law as it would affect global legal

    order between 2006 and 2020. This paper will examine the conclusions reached by

    the experts in the NWC paper and comment on their conclusions. As an effort at

    prognostication, it is impossible to evaluate the validity of the conclusions reached,

    as it relates to events that have yet to occur, and may not occur for over a decade into

    the future. It will however, attempt to test the probability of the experts’ predictions,

    in the light of current developments and past State practice.

Publication Date


  • 2008

Citation


  • Kaye, S. (2008). Freedom of Navigation in the Indo-Pacific Region. Australia: Sea Power Centre. http://www.navy.gov.au/

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2431&context=lhapapers&unstamped=1

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1426

Place Of Publication


  • http://www.navy.gov.au/

Abstract


  • International law generally, and the law of the sea in particular, exert a tremendous

    influence on Australian interests, not merely in the oceans around the continent,

    but within the Australian economy generally. Australia asserts its jurisdiction over

    the largest maritime area in the world, with an exclusive economic zone (EEZ) and

    continental shelf over 1.5 times the size of mainland Australia, and a search and

    rescue responsibility covering 10 per cent of the globe. Over 95 per cent by volume

    of Australian international trade reaches Australia by sea. Over 99 per cent of the

    data traffic passing along communications links reaches Australia through fibre optic

    submarine cables. The Australian fishing industry, although small by world standards,

    generates over $50 billion per annum into the national economy. More fundamentally,

    over 85 per cent of the Australian population lives within an hour of the coastline, all of

    which provides a strong domestic security imperative for the Australian Defence Force

    (ADF) and other Government agencies to keep Australia’s maritime areas adequately

    under surveillance and protected. The law of the sea has a direct impact on ensuring

    these interests can be protected and the means and mechanisms available to Australia

    to do so. This paper examines relevant trends in the law of the sea that impact upon

    Australian interests, and assesses regional law of the sea practice.

    In part, this paper has been prepared as an analysis of, and response to, the paper

    entitled A Stronger and More Prosperous World through Secure and Accessible Seas

    prepared at the United States Naval War College (NWC) under the direction of the

    then Stockton Professor of International Law, Craig Allen. That paper was the result

    of a workshop on the future legal global order and was attended by 42 legal experts,

    from the United States and 10 other States working in government and academia, in

    November 2006. The workshop participants, on a non-attributable basis, attempted

    to predict the shape and content of international law as it would affect global legal

    order between 2006 and 2020. This paper will examine the conclusions reached by

    the experts in the NWC paper and comment on their conclusions. As an effort at

    prognostication, it is impossible to evaluate the validity of the conclusions reached,

    as it relates to events that have yet to occur, and may not occur for over a decade into

    the future. It will however, attempt to test the probability of the experts’ predictions,

    in the light of current developments and past State practice.

Publication Date


  • 2008

Citation


  • Kaye, S. (2008). Freedom of Navigation in the Indo-Pacific Region. Australia: Sea Power Centre. http://www.navy.gov.au/

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2431&context=lhapapers&unstamped=1

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1426

Place Of Publication


  • http://www.navy.gov.au/