Robert Beckman

Piracy and Armed Robbery Against Ships

Piracy is both an historical and a contemporary problem. In the past decade it has also proven to be a legal problem. Under international law, many of the attacks against ships that are commonly characterized as piracy actually fall outside of the legal definition of piracy. This has widespread implications for States seeking to undertake law enforcement activities to combat attacks and address maritime security concerns in order to establish a safe maritime environment for shipping and seafarers. This chapter examines some of the challenges presented by the current legal framework for ‘piracy’ and ‘armed robbery against ships’. It first sets out the applicable international law and distinguishes between the two terms. It then provides an overview of piracy and armed robbery against ships in two regions of the world that have been subject to a large number of attacks in the past decade, Southeast Asia and Somalia.

PSSAs and Transit Passage—Australia's Pilotage System in the Torres Strait Challenges the IMO and UNCLOS

On 22 July 2005, the International Maritime Organization (IMO) approved the extension of the Great Barrier Reef Particularly Sensitive Sea Area (PSSA) to the Torres Strait in Resolution MEPC.133(53). Australia amended its regulations and issued marine orders imposing a compulsory pilotage system in the Torres Strait. Australias actions triggered protests from maritime states at the IMO and in bilateral diplomatic exchanges. This article examines the legal issues raised by Australias establishment of a compulsory pilotage system in a strait used for international navigation, including the prospects for Australia being challenged under the compulsory dispute settlement provisions of the UN Convention on the Law of the Sea. It is recommended that the PSSA Guidelines of the IMO be amended to ensure that such legal issues do not arise in the future.

Moving Beyond Disputes Over Island Sovereignty: ICJ Decision Sets Stage for Maritime Boundary Delimitation in the Singapore Strait

The International Court of Justices May 2008 decision to award Pedra Branca/Pulau Batu Puteh to Singapore and Middle Rocks to Malaysia has removed a major obstacle to the delimitation of maritime boundaries in the eastern part of the Singapore Strait. This article explores the issues relevant to the delimitation of maritime boundaries between Malaysia, Singapore, and also Indonesia in this area. A brief summary of the case is followed by consideration of the baselines and maritime jurisdictional claims of the parties and the delimitation of maritime boundaries, with particular emphasis on the status and potential role of the islands in this context. Potential maritime boundary delimitation scenarios in the eastern Singapore Strait are then considered and assessed.

Defining eez Claims from Islands: A Potential South China Sea Change

In the face of seemingly intractable territorial and maritime disputes in the South China Sea, the article examines how the 1982 United Nations Convention on the Law of the Sea (losc), sets out what maritime claims States can make in the South China Sea and how it establishes a framework that will enable States to either negotiate maritime boundary agreements or negotiate joint development arrangements (jdas) in areas of overlapping maritime claims. It provides an avenue whereby the maritime claims of the claimants can be brought into line with international law, potentially allowing for meaningful discussions on cooperation and maritime joint development based on areas of overlapping maritime claims defined on the basis of the losc.

Beyond Territorial Disputes in the South China Sea

Contents: Preface S. Jayakumar Introduction: Why Joint Development in the South China Sea? Robert C. Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard PART I: UNDERSTANDING THE South CHINA SEA DISPUTES 1. Whats at Stake in the South China Sea? Geographical and Geopolitical Considerations Clive Schofield 2. International Law and the South China Sea Disputes Robert C. Beckman PART II: JOINT DEVELOPMENT: PRINCIPLES, PRE-REQUISITES AND PROVISIONS 3. The Exploration and Exploitation of Hydrocarbon Resources in Areas of Overlapping Claims Tara Davenport 4. Rationale for Zones of Co-operation Ian Townsend-Gault 5. Negotiating Joint Development Agreements Gavin McLaren and Rebecca James 6. Common Provisions in Joint Development Arrangements Richard Nowinski and Peter Cameron PART III: JOINT DEVELOPMENTS AND OTHER PROVISIONAL ARRANGEMENTS IN ASIA 7. Joint Development in Southeast Asia David Ong 8. Joint Development in the Gulf of Tonkin and Northeast Asia Vasco Becker-Weinberg 9. Timor Sea Treaty Stuart Kaye 10. Provisional Arrangements in the Torres Strait Ben Milligan PART IV: JOINT DEVELOPMENT IN THE SOUTH CHINA SEA 11. Factors Conducive to Joint Development in Asia - Lessons Learned for the South China Sea Robert C. Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard 12. Moving Forward on Joint Development in the South China Sea Robert C. Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport and Leonardo Bernard Index

Global Legal Regime on the Decommissioning of Offshore Installations and Structures

This chapter outlines the global legal regime for offshore installations and structures in so far as it is relevant to decommissioning of offshore oil and gas installations and structures. It describes jurisdiction of coastal States over offshore installations and structures and outlines global legal regime governing the following matters: (1) removal of disused or abandoned installations and structures; (2) disposal of offshore installations and structures by dumping; and (3) pollution of marine environment from offshore installations and structures. The chapter analyzes the extent to which this legal regime governs the use of offshore installations and structures for new purposes. It concludes that the biggest gap in the current global regime is the absence of global rules, standards and recommended practices and procedures for the prevention of pollution from seabed activities under national jurisdiction as referred to in article 208 of United Nations Convention on the law of the Sea (UNCLOS). Keywords: coastal States; global legal regime; marine environment; offshore structures; UNCLOS

Factors conducive to joint development in Asia – lessons learned for the South China Sea: Legal Frameworks for the Joint Development of Hydrocarbon Resources

Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this nonconfrontational, non-binding and incremental approach, the Workshops were instrumental in building trust and confidence among the claimants and in getting them to consider co-operative measures in areas of common interest.

The piracy regime under UNCLOS: problems and prospects for cooperation

1. The piracy regime under UNCLOS: problems and prospects for cooperation 17 Robert C. Beckman 2. Global conventions on piracy, ship hijacking, hostage taking and maritime terrorism 38 J. Ashley Roach 3. Controlling piracy in Southeast Asia – thinking outside the box 62 Nikos Passas and Anamika TwymanGhoshal 4. International legal cooperation to combat piracy in the Horn of Africa 95 Marie Jacobsson

Assessing Environmental Impact and the Duty to Cooperate: Environmental Aspects of the Philippines v China Award

The Philippines v China Award contained a number of novel and highly progressive findings with respect to obligations for the protection of the marine environment under UNCLOS . Thus far, these elements of the decision have gone largely unexamined in the surrounding literature. This article concentrates on two specific aspects of these findings: the obligations in respect of environmental impact assessments in articles 205 and 206, and articles 197 and 123 and the duty to cooperate. It analyses the Award and identifies some concerns with the Tribunals reasoning in these areas. Although broadly, the Award upholds effective protections for the marine environment; this article highlights aspects of the decision in which different approaches could have been taken that would have led to stronger outcomes for the marine environment.

Maritime Boundary Disputes and Compulsory Dispute Settlement: Recent Developments and Unresolved Issues

Legal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea.