Ben M Tsamenyi

A Strategic Perspective on Security and Naval Issues in the South China Sea

Maritime security in the South China Sea faces a number of challenges, ranging from lower-level nontraditional threats to traditional politicostrategic considerations, including the potential for conflict between regional states over territory or marine resources and the possibility of conflict between major powers. This article focuses on the major South China Sea sea lines of communication, regional naval developments, and a case study of Chinese opposition to military operations in its South China Sea exclusive economic zone. It argues that Beijing is again exhibiting a more assertive posture to bolster its strategic position in the South China Sea while the other South China Sea states are also asserting their claims and developing naval capacity.

The 1997 Australia‐Indonesia maritime boundary treaty: A secure legal regime for offshore resource development?

The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which leaves the question of state rights and responsibilities vague for the overlapping area, the Treaty between Australia and Indonesia relies excessively on the Law of the Sea Convention to govern the relationship between the two states and fails to address the important issue relating to, inter alia, installations and structures, marine environmental protection, and marine scientific research. Therefore, if ...

The Legal Substance and Status of Fishing Entities in International Law: A Note

A number of international fisheries instruments, starting with the U.N. Fish Stocks Agreement of 1995, have made provisions for the participation of fishing entities in the conservation and sustainable use of the worlds fisheries resources. These instruments have created rights and obligations for fishing entities which are, in many respects, almost identical to those accorded to states. Although this development does not necessarily imply that fishing entities are states, the conclusion is inescapable that such entities are new subjects of international law in so far as international fisheries management is concerned.

Fishery management, environmental protection and trade liberalization

Discusses marine environment management and maximization of the sustainable use and non‐use values of the flow of goods and services generated by that environment. Expands on the traditional economic model of fishery management to include the protection of non‐use values. Assesses international agreements made to include the protection of non‐use values of the marine environment, and examines the conflict between GATT rules and unilateral attempts to protect existence values. Proposes solutions based on the full cost pricing principle.

Ocean energy and the law of the sea: The need for a protocol

Although fossil fuels are the overwhelming source of energy for the world, and will continue to be so for the foreseeable future, demographic, environmental, political, and economic factors indicat...