Stuart Kaye

Stuart Kaye
University of Wollongong | UOW · Australian National Centre for Ocean Resources & Security (ANCORS)

About

71
Publications
2,480
Reads
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246
Citations
Citations since 2017
20 Research Items
93 Citations
2017201820192020202120222023051015
2017201820192020202120222023051015
2017201820192020202120222023051015
2017201820192020202120222023051015
Introduction
Skills and Expertise

Publications

Publications (71)
Article
The Annex VII Tribunal in the South China Sea Arbitration placed a high threshold on States seeking to claim an exclusive economic zone ( EEZ ) around small features. The implications of such an interpretation are potentially significant for the maritime jurisdiction of a number of States, particularly in the Pacific. This article considers the imp...
Book
Cambridge Core - Public International Law - International Law - by Donald R Rothwell
Book
Full-text available
First book dedicated to Biodiversity Beyond National Jurisdiction gathering a diverse crowd of authors from various backgrounds and professions. This book was conceived as a guide book for delegations before the start of the negotiations. It highlights many issues including governance, sustainable management, conservation on the seabed, conservatio...
Article
This article will consider Australia's efforts to engage with the negotiation of what was to become the United Nations Convention on the Law of the Sea, and the influence and impact Australia was able to exercise in the settlement of international law. It will begin with some brief consideration of the first two United Nations Conferences on the La...
Book
Cambridge Core - International Trade Law - International Law - by Donald Rothwell
Book
This study examines Australia’s interests in seaborne trade and the legal rights and limitations Australia and the Royal Australian Navy (RAN) faces in protecting those shipping interests. It also establishes the basic character of the relevant international law that is very restrictive in assigning jurisdiction over ships. Australian shipping inte...
Article
This paper analyses contemporary maritime claims in the Indian Ocean Region. It examines sovereignty disputes around the region, including in the Persian Gulf and Mozambique Channel before moving on to assertions of maritime jurisdiction. These include claims over internal and archipelagic waters, as well as assertions over rights of navigation in...
Article
With a strong focus on Australian practice and interpretation of international law, this comprehensive cases and materials textbook will provide students with a contemporary understanding of an area of law that has seen major changes in recent years. Written by a team of pre-eminent experts, International Law: Cases and Materials with Australian Pe...
Article
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 prol...
Article
"This commentary considers a number of potential threats to security originating from the global commons. While direct attacks on a state from vessels and aircraft passing through the global commons constitute such threats, this paper focuses upon challenges posed by possible action against maritime activity occurring outside the territorial sea an...
Chapter
The phrase 'creeping jurisdiction' has been applied by a number of publicists to the gradual extension of state jurisdiction offshore in the law of the sea through the course of the 20th century. Under the current United Nations Convention on the Law of the Sea (LOSC), and confirmed by international practice, the territorial sea is 12 nautical mile...
Article
Introduction The 1941 Trail Smelter arbitral decision is often described as a landmark case in the development of international environmental law. Although not a case dealing with the marine environment, the same claim has been advanced in the context of the law of the sea, with the case exerting a significant impact on aspects of the development o...
Article
This article will consider the broad geopolitical considerations in measures towards biodiversity conservation and governance of high seas areas. Traditionally, international law has provided for jurisdiction based upon flag State in high seas areas, and States have shown themselves reluctant to depart from this model. International organisations w...
Article
Full-text available
This article considers the relevant international law pertaining to territorial sea baselines, and reviews the application of that law to ice-covered coasts. The international literature concerning status of ice in international law is examined and State practice for both the Arctic and Antarctic is reviewed. The Law of the Sea Convention contains...
Article
Throughout the life of the 1959 Antarctic Treaty there has been considerable development in the law of the sea. Negotiated following the 1958 First United Nations Conference on the Law of the Sea, at which the customary international law concepts of the territorial sea and continental shelf were codified into treaty law, the law of the sea has sinc...
Article
The adoption of Australia's Oceans Policy in 1998 was a landmark development in Australia's move towards integrated ecosystem planning and management for the marine environment. It represents the dawning of a new era for Australia's oceans and came at the end of a significant decade during which Australia ratified the 1982 United Nations Convention...
Article
Antarctic environmental protection: a collection of Australian and international instruments. RothwellDonald R. and DavisRuth (Editors). 1997. Sydney: Federation Press, xii + 306 p, hard cover. ISBN 1-86287-271-6. - Volume 34 Issue 190 - Stuart Kaye
Article
Protecting the Antarctic environment: Australia and the minerals convention. ElliottLorraine M.. 1993. Canberra: Australian Foreign Policy Publications Programme, vii + 92 p, soft cover. ISBN 0-7315-1537-4. £23.25; $Aus 15.00. - Volume 32 Issue 183 - Stuart Kaye
Article
Since the Antarctic Treaty was negotiated in 1959, there have been substantial developments in the law of the sea. One of the most significant developments has been the recognition granted to coastal state entitlements to claim a range of offshore maritime areas. Yet, one of the principal aims of the Antarctic Treaty was to eliminate sovereignty di...
Article
Applying the law of the sea in the polar regions creates great difficulties. This indicates a need to reassess the traditional notions of the law of the sea. The polar regions are distinct because they increasingly have their own separate legal regimes. These issues are examined from the perspective of six bipolar law of the sea problems. A determi...
Article
This article examines the content and ramifications of an Australian Parliamentary Committee's Report into the application of Australian law in the Australian Antarctic Territory (AAT). The Report's main findings suggest that Australian law should be more vigorously applied in Antarctica, and that current practices with regard to the operation and...
Article
In this paper, the issue of Australian sovereignty over the Heard and McDonald Islands, in the Indian Ocean, will be examined. Australian claims to the islands and surrounding rocks, the territorial sea of the islands, the declaration of a 200 nautical mile fishing zone and possible exclusive economic zone (EEZ), and a possible claim to the contine...
Article
Full-text available
Introduction Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. 1 The focus of this paper is on the administ...

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