Natalie Klein

Natalie Klein
Macquarie University · Macquarie Law School

BA(Juris) LLB(Hons) (Adelaide) LLM JSD (Yale)

About

44
Publications
6,742
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556
Citations
Introduction
Dr. Natalie Klein is Professor at Macquarie Law School, where she served as Dean (2011-2017). Professor Klein teaches and researches in different areas of international law, with a focus on law of the sea and international dispute settlement. Prior to joining Macquarie, Professor Klein worked in the international litigation practice of Debevoise & Plimpton LLP, served as counsel to Eritrea (1998-2002) and was a consultant at the United Nations.

Publications

Publications (44)
Article
This article sets out two case studies to examine the evolving reality of ‘boat migration’ and the intersecting legal frameworks at play. Our analysis takes a systemic integration approach to reflect on the complex dynamics underpinning responses to the phenomenon in Australia and the Central Mediterranean. The regime that governments purport to ac...
Article
Full-text available
This article compares the law and practice of the European Union and Australia in respect to the search and rescue (SAR) of boat migrants, concluding that the response to individuals in peril at sea in both jurisdictions is becoming increasingly securitized. This has led to the humanitarian purpose of SAR being compromised in the name of border sec...
Book
In International Law of Sharks, Erika J. Techera and Natalie Klein provide an in-depth analysis of the current legal frameworks that relate to these important species. The authors offer ways in which to overcome obstacles that prevent existing laws from working better and identify best practice global governance options while highlighting opportuni...
Article
Recent decisions under the UNCLOS dispute settlement regime, such as Chagos Archipelago, Arctic Sunrise and South China Sea, have had cause to consider the parameters of jurisdiction that exists under Part XV of UNCLOS. A determination of jurisdiction for any court or tribunal constituted under UNCLOS must have regard to alternative means of disput...
Article
Maritime interceptions continue as a fundamental dimension to external border controls against irregular migration, as seen most recently in Australia's institution of Operation Sovereign Borders in late 2013. The practice of developed States has highlighted the varied application and interpretation of four bodies of international law: the law of t...
Article
Marine-based tourism offers opportunities for economic, educational and environmental benefits but is not without risks to people, animals and the environment. If the benefits of this sector are to be harnessed it will require an increasing focus upon law and policy governing the industry. This is particularly the case for shark eco-tourism, which...
Chapter
Marine research in relation to sharks has tended to lag behind other species. Nevertheless, the disproportionate removal of sharks could have far-reaching effects, well beyond the survival of the species themselves, due to their key position in the ocean food chain. An increase in the harvesting of sharks over the last three decades has resulted in...
Article
Sharks play a critical role in the ocean environment yet many species are under threat. Over the last ten years, the international community has taken significant steps to protect shark species and address the threats to them through the adoption and implementation of international laws, plans and programmes. Nevertheless, despite the attention giv...
Article
This book examines the rights and duties of states across a broad spectrum of maritime security threats. It provides comprehensive coverage of the different dimensions of maritime security in order to assess how responses to maritime security concerns are and should be shaping the law of the sea. The discussion canvasses passage of military vessels...
Article
[The arrest and detention of Australians overseas continues to make headline news. What Australia is able and willing to do to assist one of its nationals imprisoned abroad is a complex issue steeped in legal questions and political considerations. Legal avenues for assisting Australians imprisoned abroad are explored in this article through an exa...
Article
Australia's efforts to protect certain marine resources have been challenged in recent litigation before Australian courts, potentially prompting repercussions for Australia's standing within international legal regimes. In this article, the authors consider the extent to which Australian courts should not only be generally cognisant of the interna...
Article
Introduction The plight of migrants travelling by sea was graphically highlighted at the end of 2010 with the destruction of a vessel and attempted rescue of predominantly Middle Eastern asylum seekers in waters off the Australian territory of Christmas Island. Of the men, women, children and babies on board, few knew how to swim and many did not h...
Article
This paper was presented at the Annual Conference of the Australian and New Zealand Society of International Law. It examines the lessons learned from the Southern Bluefin Tuna litigation, the strategies and considerations for pursuing litigation against Japan to protect whale species and in doing so, considers the nature and place of litigation in...
Article
The events of September 11, 2001, have brought a myriad of security concerns to international attention. Those events have already brought pressure to bear on the international rules concerning the use of force, international humanitarian law, and human rights law. The effect of these attacks has also initiated change in another traditional area of...
Article
Full-text available
The Plight of David Hicks, an Australian imprisoned in Guantanamo Bay, raised widespread concern among the Australian community. One question frequently asked was why the Australian Government would not do more to secure his release. The lack of action by Australia during Hicks's five years of incarceration led his lawyers to consider what other av...
Article
This paper examines the different ways that individuals' interests have recently been represented in inter-state dispute settlement proceedings. In the past, the rights of individuals have most commonly been asserted through the state's right of diplomatic protection. The role of individuals in inter-state litigation merits reconsideration in view...
Article
This article examines the interaction under LOSC of the powers of international courts and tribunals to order binding provisional measures and the obligation of states to make every effort to enter into provisional arrangements pending the delimitation of a maritime boundary. The importance of provisional measures or arrangements in delimiting mari...
Article
On 14 December 2004, Australia announced the institution of a ‘Maritime Identification Zone’, extending 1000 nautical miles from its coast and involving the identification of vessels seeking to enter Australian ports, as well as vessels transiting Australia' Exclusive Economic Zone. This Article analyses the legality of these security measures unde...
Article
This paper examines the reparations aspect of the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States), and particularly the relevance of the International Court's decision for the Mexican nationals on death row in the United States. It first overviews the substantive obligations applying to the United States under the Vienna...
Article
Thesis (J.S.D.)--Yale Law School, 2002. Includes bibliographical references (leaves 460-481).

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