Maritime Security: International Law and Policy Perspectives from Australia and New Zealand

304 Pages·2009·1.44 MB·English

by  Natalie Klein

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Maritime Security
Maritime security is of vital importance to Australia and New Zealand, as
both countries depend on maritime transport for their economic survival. Since
the events of 11 September 2001 serious questions have been raised as to
whether Australia and New Zealand are adequately prepared for the con-
sequences of a major disruption of global shipping following a terrorist attack on
a leading regional port such as Hong Kong or Singapore. Considerable efforts
have been undertaken to improve responses to an array of maritime security
threats, such as transnational crime, environmental pollution and piracy and
armed robbery.
This volume identifies the issues that particularly affect Australia and New
Zealand’s maritime security, evaluating the issues from legal and political perspec-
tives, and proposes methods for improving the maritime security of the two coun-
tries. While the focus is primarily on Australia and New Zealand, the scope
extends to regional considerations, addressing matters related to Pacific island
states, South East Asia and the Antarctic and sub-Antarctic regions. The book
also addresses strategic partnerships, examining the influence of the United
States, and analyses issues within the broad framework of international law and
politics.
Maritime Security: International Law and Policy Perspectives from Australia and New
Zealand will be of great interest to scholars of international law, international
relations and maritime affairs, maritime industry professionals, private and
government lawyers, as well as diplomats, consuls and government officials.
Natalie Klein is an Associate Professor at Macquarie Law School, Macquarie
University, Sydney, Australia.
Joanna Mossop is a Senior Lecturer in the Faculty of Law at Victoria University
of Wellington, Wellington, New Zealand.
Donald R. Rothwell is Professor of International Law at the ANU College of
Law, Australian National University, Canberra, Australia.

Maritime Security
International Law and Policy Perspectives
from Australia and New Zealand
Edited by Natalie Klein,
Joanna Mossop and
Donald R. Rothwell
First published 2010
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
270 Madison Ave, New York, NY 10016
Routledge is an imprint of the Taylor & Francis Group, an informa business
This edition published in the Taylor & Francis e-Library, 2009.
To purchase your own copy of this or any of Taylor & Francis or Routledge’s
collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.
© 2010 Natalie Klein, Joanna Mossop and Donald R. Rothwell; the
contributors, their chapters
All rights reserved. No part of this book may be reprinted or
reproduced or utilized in any form or by any electronic,
mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in
writing from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Maritime security : international law and policy perspectives from Australia
and New Zealand / Edited by Natalie Klein, Joanna Mossop and Donald
R. Rothwell.
p. cm.
Includes bibliographical references.
1. Maritime terrorism—Pacific Area. 2. Law of the Sea—Australia.
3. Shipping—Safety regulations—Australia. 4. Maritime terrorism—
Australia—Prevention. 5. Law of the sea—New Zealand.
6. Shipping—Safety regulations—New Zealand. 7. Maritime
terrorism—New Zealand—Prevention. 8. Security, International.
I. Klein, Natalie (Natalie S.) II. Mossop, Joanna. III. Rothwell,
Donald, 1959–
KVC982.T47M37 2009
359′.030993—dc22
2009016447
ISBN 0-203-86747-5 Master e-book ISBN
ISBN10: 0–415–48426–X (hbk)
ISBN13: 978–0–415–48426–8 (hbk)
ISBN10: 0–203–86747–5 (ebk)
ISBN13: 978–0–203–86747–1 (ebk)
Contents
List of Illustrations vii
Legislation, Treaties and other International Documents viii
Table of Cases xvi
Notes on the Contributors xviii
Preface xxii
1 Australia, New Zealand and Maritime Security 1
NATALIE KLEIN, JOANNA MOSSOP AND DONALD R. ROTHWELL
2 Maritime Security and the Law of the Sea 22
DONALD R. ROTHWELL AND NATALIE KLEIN
3 Australia’s Traditional Maritime Security
Concerns and Post-9/11 Perspectives 37
DONALD R. ROTHWELL AND CAMERON MOORE
4 Maritime Security in New Zealand 54
JOANNA MOSSOP
5 Whose Security is it and how much of it do
we want? The US Influence on the International Law
against Maritime Terrorism 76
SHIRLEY V. SCOTT
6 New Zealand and Australia’s Role in
Improving Maritime Security in the Pacific Region 94
SAM BATEMAN AND JOANNA MOSSOP
7 Maritime Security and Shipping Safety in
the Southern Ocean 117
KAREN N. SCOTT
vi Contents
8 Counter-Terrorism and the Security of
Shipping in South East Asia 138
CAROLINE E. FOSTER
9 Maritime Security and Oceans Policy 155
PETER COZENS
10 Act of State Doctrine in the Antipodes: The
Intersection of National and International Law in
Naval Constabulary Operations 172
CAMERON MOORE
11 The Protection of Platforms, Pipelines and
Submarine Cables under Australian and
New Zealand Law 186
STUART KAYE
12 Maritime Domain Awareness in Australia
and New Zealand 202
CHRIS RAHMAN
13 Intelligence Gathering and Information
Sharing for Maritime Security Purposes under
International Law 224
NATALIE KLEIN
14 Maritime Security in the Twenty-First Century:
Contemporary and Anticipated Challenges for
Australia and New Zealand 242
DONALD R. ROTHWELL
Selected Bibliography 261
Index 273
List of Illustrations
Australia and New Zealand in the Asia Pacific inside front cover
1.1 Australia’s Maritime Zones 3
1.2 New Zealand’s Maritime Zones 4
1.3 Australia and New Zealand Search and Rescue Regions 12
6.1 South Pacific Maritime Zones 96
11.1 Area to be avoided, Schedule 2 of the Offshore Petroleum and
Greenhouse Gas Storage Act 2006 195