Academic literature on the topic 'Australian maritime law'

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Journal articles on the topic "Australian maritime law"

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White, Michael. "Australian Maritime Law Update: 2006 General Maritime issues." Maritime Studies 2007, no. 155 (July 2007): 3–16. http://dx.doi.org/10.1080/07266472.2007.10878859.

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Green, Julia. "Australian maritime boundaries: the Australian Antarctic Territory." Marine Policy 25, no. 1 (January 2001): 1–11. http://dx.doi.org/10.1016/s0308-597x(00)00028-2.

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Klein, Natalie. "Legal Implications Of Australia's Maritime Indentification System." International and Comparative Law Quarterly 55, no. 2 (April 2006): 337–68. http://dx.doi.org/10.1093/iclq/lei084.

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AbstractOn 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 under the UN Convention on the Law of the Sea, new developments through the International Maritime Organization and the Proliferation Security Initiative. The implications of prescribing and enforcing identification requirements on the high seas
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Arzandeh, Ardavan. "RECONSIDERING THE AUSTRALIAN FORUM (NON) CONVENIENS DOCTRINE." International and Comparative Law Quarterly 65, no. 2 (April 2016): 475–91. http://dx.doi.org/10.1017/s0020589316000014.

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AbstractA quarter of a century after the High Court of Australia's landmark ruling in Voth v Manildra Flour Mills Pty Ltd, this article examines the application of the modern-day forum (non) conveniens doctrine in Australia. It outlines the prevailing view in the academic literature which claims that the Australian doctrine is functionally different from its English counterpart, articulated in Spiliada Maritime Corporation v Cansulex Ltd. Through a detailed assessment of the case law and commentary, this article questions that widely accepted orthodoxy and demonstrates it to be unpersuasive an
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Noonan, Mike, and Elizabeth Williams. "Combating maritime transnational crime: an Australian perspective." Journal of the Indian Ocean Region 12, no. 1 (January 2, 2016): 46–51. http://dx.doi.org/10.1080/19480881.2016.1138711.

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Mossop, Joanna. "When is a Whale Sanctuary Not a Whale Sanctuary? Japanese Whaling in Australian Antarctic Maritime Zones." Victoria University of Wellington Law Review 36, no. 4 (December 1, 2005): 757. http://dx.doi.org/10.26686/vuwlr.v36i4.5622.

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This article concerns the case of Humane Society International v Kyodo Senpaku Kaisha Ltd, in which the Humane Society, a non-governmental organisation, attempted to sue a Japanese company conducting whaling in the Southern Ocean in an area claimed as an exclusive economic zone by Australia. The Humane Society failed to convince the Federal Court to allow it to serve proceedings on the Japanese company outside Australia, after the judge agreed with the arguments provided by the Australian Attorney-General. These submissions included the possibility of an embarrassing international incident tha
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Huntley, Ben, Amelia Telec, and Justin Whyatt. "The Timor Sea Treaty: An Australian Perspective." Australian Year Book of International Law 36, no. 1 (October 1, 2019): 29–42. http://dx.doi.org/10.1163/26660229_03601003.

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Abstract In March 2018, Australia and Timor-Leste signed a treaty in a ceremony in New York, witnessed by the UN Secretary-General, which will permanently delimit their maritime boundaries and establish a special regime over the Greater Sunrise gas fields in the Timor Sea. Not only does this Treaty represent an important milestone in the relationship between the two States, it also marks the successful conclusion of the first-ever conciliation conducted under the dispute resolution provisions of the UN Convention on the Law of the Sea (unclos). How this untested process led to the ending of th
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Goss, Richard. "Recent maritime work of the Australian Prices Surveillance Authority." Maritime Policy & Management 19, no. 1 (March 1992): 1–17. http://dx.doi.org/10.1080/03088839200000001.

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Martínez Gutiérrez, Norman A. "New Global Limits of Liability for Maritime Claims." International Community Law Review 15, no. 3 (2013): 341–57. http://dx.doi.org/10.1163/18719732-12341256.

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Abstract The current international regime regulating global limitation of liability for maritime claims is based on the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC Convention) as amended by the 1996 Protocol thereto. This Protocol, in an effort to promote expediency, introduced an efficient system for the updating of the limits of liability through the adoption of a tacit acceptance procedure. In accordance with this procedure, and based on an Australian proposal, the International Maritime Organization (IMO) Legal Committee adopted new limits of liability for maritime
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Darbra, R. M., J. F. E. Crawford, C. W. Haley, and R. J. Morrison. "Safety culture and hazard risk perception of Australian and New Zealand maritime pilots." Marine Policy 31, no. 6 (November 2007): 736–45. http://dx.doi.org/10.1016/j.marpol.2007.02.004.

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Dissertations / Theses on the topic "Australian maritime law"

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au, k. lewins@murdoch edu, and Kate Lewins. "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.

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The trade of shipping is necessarily international in nature. Courts and international bodies often express the need to ensure international consistency in matters of maritime law. However, it has been an extremely difficult goal to achieve. Many countries have refused to be party to international conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those conventions, or seek to improve the protection offered by the conventions. The domestic law of each country also adds its own flavour to shipping law as recognised and applied by the courts in that j
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Bannon, Matthew. "The evolution of the role of Australian customs in maritime surveillance and border protection." Access electronically, 2007. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20080916.155511/index.html.

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Lewins, Kate. "The Trade Practices Act (Cth) 1974 and its impact on maritime law in Australia /." Access via Murdoch University Digital Theses Project, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.

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Lewins, Kate. "The Trade Practices Act (Cth) 1974 and its impact on maritime law in Australia." Lewins, Kate (2009) The Trade Practices Act (Cth) 1974 and its impact on maritime law in Australia. PhD thesis, Murdoch University, 2009. http://researchrepository.murdoch.edu.au/484/.

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The trade of shipping is necessarily international in nature. Courts and international bodies often express the need to ensure international consistency in matters of maritime law. However, it has been an extremely difficult goal to achieve. Many countries have refused to be party to international conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those conventions, or seek to improve the protection offered by the conventions. The domestic law of each country also adds its own flavour to shipping law as recognised and applied by the courts in that j
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Binns, Andrew. "Defining a marine cadastre : legal and institutional aspects /." Connect to thesis, 2004. http://eprints.unimelb.edu.au/archive/00001042.

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Searle, Deane. "Low Intensity Conflict: Contemporary Approaches and Strategic Thinking." The University of Waikato, 2007. http://hdl.handle.net/10289/2591.

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Low Intensity Conflict (LIC) is a significant feature of the contemporary world and it is a particular challenge to the armed forces of many states which are involved is such conflict, or are likely to become so. This thesis is not concerned with how such difficult conflict situations arise. Rather it is concerned with how, from the point of view of the state, they may be contained and ultimately brought to a satisfactory resolution. The work is thus concerned with the practicalities of ending LIC. More specifically, the purpose of this research is to establish a framework of doctrinal and
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Books on the topic "Australian maritime law"

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Australian coastal and marine law. Annandale, N.S.W: Federation Press, 2011.

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Butler, D. A. Maritime law in Australia. Redfern, Australia: Legal Books, 1992.

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Australia's maritime boundaries. Canberra: Dept. of International Relations, Australian National University, 1985.

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Kaye, Stuart B. Australia's maritime boundaries. Wollongong, Australia: Centre for Maritime Policy, University of Wollongong, 1995.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia. Sydney: Federation Press, 1997.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia and New Zealand. 2nd ed. Sydney: Federation Press, 2003.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Australian Maritime Law. Federation Press, 2000.

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Book chapters on the topic "Australian maritime law"

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Violeta, Moreno-Lax. "Part IV Access to Protection and International Responsibility-Sharing, Ch.26 Protection at Sea and the Denial of Asylum." In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0027.

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This chapter grapples with the vexed issue of protection at sea, unpacking destination States’ practices of interdiction and their justification on purported humanitarian grounds. After introducing the rules governing interdiction powers and the obligation to render assistance to persons in distress, it problematizes the instrumentalization of maritime rescue, based on the supposed benevolent effect of ‘stopping the boats’ as a means to ‘save lives’. Two competing yet complementary dynamics are detected and critiqued. First, while destination States inflate their policing competence through reliance on rescue rhetoric and intervene beyond prerogatives explicitly recognized in the law of the sea, they tend to maintain minimalistic constructions of the associated concepts of ‘distress’ or ‘place of safety’ to reduce the scope of their legal responsibilities. Thus, secondly, they deflate their rescue duties and detach them from related international protection obligations, either by deflecting them to third countries or by negating them altogether. Drawing on examples from the US Caribbean interdiction programme, the Australian ‘Pacific Strategy’, and the mare clausum approach favoured in the Mediterranean, the chapter traces the shift from direct to indirect forms of interdiction, increasingly performed by third countries or private actors, culminating in practices of interdiction by omission, which not only tolerate but purposively embed the risk of death as part of the migration control toolbox of destination States. The final effect is one that paradoxically transforms rescue into an interdiction tool that denies access to asylum to ‘boat migrants’.
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Symes, Christopher, and Jeffrey Fitzpatrick. "National Report for Australia." In Treatment of Contracts in Insolvency. Oxford University Press, 2013. http://dx.doi.org/10.1093/oso/9780199668366.003.0001.

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Australia’s contract law is an amalgam of common law rules, equitable principles, and statute law. Its genesis lay in centuries of development of these three branches of English law. Principles of modern contract law had their roots in the rise of English maritime law during the sixteenth century. In 1788, England established a penal colony at Sydney Cove, seeding the colony of New South Wales. At that moment, all existing English contract law simply flowed into this ‘new’ land as intellectual baggage. Slowly Anglo Australia’s legal and legislative framework evolved from a patchwork of distinct English colonies into a commonwealth of Federal, State, and Territory Governments. The gloss of contract law took on an increasingly antipodean sheen. This resultant ‘system’ of law is a complex relationship between common law, equity, and Federal, State, and Territory legislation. Throughout this chapter we shall use the term ‘general law’ to mean the principles and rules of common law and equity.
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"Australia." In Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime. Hart Publishing, 2020. http://dx.doi.org/10.5040/9781509936014.ch-007.

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Dean, Peter J. "To the Jungle Shore." In The Sea and the Second World War, 171–201. University Press of Kentucky, 2019. http://dx.doi.org/10.5810/kentucky/9781949668049.003.0008.

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Amphibious warfare was critical to the success of Allied forces in the South West Pacific Area (SWPA) during the Pacific War. However, at the beginning of the war both the Australian and United States forces in the SWPA had little knowledge, expertise, or experience in this form of warfare. This chapter by Peter J. Dean traces the development of amphibious warfare in the SWPA through organization, training, tactics, doctrine, and operations. While focusing on the Australian experience and highlighting the evolution of capabilities between 1942-45 through an analysis of the assaults on Lae (1943) and Balikpapan (1945), it contextualizes this experience within General Douglas MacArthur's maritime strategy and the friction inherent in combined amphibious operations in this theater. The chapter highlights the evolution of the Australian Army from a force almost totally unfamiliar with the practice of amphibious operations to one which, in combination with its United States coalition partner, becomes a practitioner par excellence in this form of warfare.
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Conference papers on the topic "Australian maritime law"

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Sun, Kevin, Terry Summers, Samira Janghorban, and Hugh Torresan. "Modelling Multi-phase, Low-speed Permanent Magnet Machines for Maritime Propulsion Applications." In 2019 29th Australasian Universities Power Engineering Conference (AUPEC). IEEE, 2019. http://dx.doi.org/10.1109/aupec48547.2019.211838.

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Babanin, Alexander V. "Wave-Induced Turbulence, Linking Metocean and Large Scales." In ASME 2020 39th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/omae2020-18373.

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Abstract Until recently, large-scale models did not explicitly take account of ocean surface waves which are a process of much smaller scales. However, it is rapidly becoming clear that many large-scale geophysical processes are essentially coupled with the surface waves, and those include ocean circulation, weather, Tropical Cyclones and polar sea ice in both Hemispheres, climate and other phenomena in the atmosphere, at air/sea, sea/ice and sea/land interface, and many issues of the upper-ocean mixing below the surface. Besides, the wind-wave climate itself experiences large-scale trends and
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