I Hodgson-Johnston

Australian politics and Antarctic sovereignty: themes, protagonists and antagonists

Australias claim to the Australian Antarctic Territory (AAT) is not widely recognised internationally. Discussing enforcement of Australian domestic law in the Southern Ocean, defending the territorial claim and other emotive issues related to Antarctica therefore requires some domestic sensitivity to broader international diplomacy. Using qualitative and quantitative analysis methods to identify the political parties who most often raise issues of Antarctica, the major themes of Antarctic policy and politics since 1998, and the discussions of Antarctic sovereignty by political parties. Through this analysis, the different approaches of the Australian Labor Party, the Federal Liberal-National Party Coalition and the Australian Greens to Antarctic sovereignty-related issues are identified and discussed. While broadly there is tripartisan support for Antarctic policies, some differences between political parties do exist.

The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship

Three substantive areas of analysis have emerged in the legal scholarship of the validity in international law of Antarctic territorial claims. The first is the physical amenability of the Antarctic continent to claims of territory. The second, and largest, is the application of traditional laws of territorial acquisition to Antarctic claims. The alternative argument of Antarctica as res communis is the final substantive thread of discussion.These threads of discussion have dominant arguments. They do not, however, have definite conclusions, leaving the academic conjecture as to the validity of Antarctic territorial claims unresolved. Article IV of the Antarctic Treaty makes an urgent definitive answer unnecessary. However, with new issues emerging related to sovereignty in Antarctica, such as Marine Protected Areas, and more activity from growing Antarctic Treaty membership, public discourse consistently raises the issue.As we enter this new discursive environment, a review of the main arguments of the three substantive areas of legal scholarship is timely. This article will also attempt to identify the dominant attitudes regarding the validity of territorial claims to Antarctica.

The law and practice of piracy at sea: European and international perspectives

cables. The importance of submarine telegraph cables was recognised at their inception and various conferences were held to consider their protection, leading to a convention solely for this purpose in 1884; but as the oceans became increasingly regulated during the twentieth century leading to the United Nations Convention on the Law of the Sea 1982, the importance of the protection of submarine cables appears to have slipped somewhat in comparison to other uses of the oceans. The next five chapters provide the practical detail of creating, laying and maintaining a cable system and the relevant laws that either guide or influence this process or any gaps in the international regulatory system. The next four chapters will be of greater interest to maritime security specialists as they cover various issues associated with the protection of both the cables and the ships that lay them. While these cables can be accidentally or deliberately damaged by other uses of the oceans, or by pirates or terrorists, substantial damage actually occurs through natural occurrences in the ocean and on the sea-bed, something the layman would perhaps not even consider. And for security planners, let alone either the submarine cables industry or industries that use it, the regulatory regime for the protection of the cables is deficient; a case of technological advancement leading to unforeseen economic use and dependence that is not yet reflected appropriately in either domestic (national) or international regulatory regimes. The security implications are slowly emerging and some Track II fora are now examining these issues in order to make recommendations to governments on the issues and how they might be resolved. Some of the chapter authors, as well as this reviewer, are involved in this process. The final four chapters examine specific-purpose cables (power, marine scientific research, military and offshore energy) that have their own peculiar issues. The book ends with three appendices providing a timeline of the cable industry, major suppliers of the system and excerpts from relevant treaties. The writing is clear and readable, the information contained therein is vast and the coverage comprehensive. The increasing importance of submarine cables is slowly being recognised but much work now needs to be done to improve both the protection of the cables as well as to ensure the industry is able to operate safely and efficiently; this is both an individual state and an international issue. The editors and chapter authors should be congratulated for what they have achieved.

Science, technology, and new challenges to ocean law

Science, Technology, and New Challenges to Ocean Law publishes papers from a 2013 meeting of nscholars at the Law of the Sea Institute at the University of Berkeley. Harry N. Scheiber, an editor nof the volume, states that the aim of the volume is to ‘provide a forum for new research on the nhistoric and present-day interrelationships of science, technology, and ocean law’ (3). The nvolume certainly achieves this.

The law of the sea and the polar regions: interactions between global and regional regimes

The Law of the Sea and the Polar Regions is an impressive collection of analyses nfrom various disciplines, which assists in explaining the complexities of global, nregional and sectoral regimes. The contributing authors supply an abundance of nexpert in-depth case studies into the interplay between the Law of the Sea Convention n(LOSC) and the multitude of other instruments in place that can be applied to the nArctic and Antarctic. The 17 chapters cover all polar ocean-related issues, including nthe outer limits of the continental shelf, marine protected areas, environmental assessments, nmigratory species and climate change, polar shipping, marine mammals, nscientific research, regime interaction and maritime security.