This article will concentrate on selected developments in commercial maritime law since the last update on Australian maritime law. Case law developments have largely concerned the Admiralty jurisdiction, and the carriage of goods by sea. Many of them have involved the problems caused by insolvency, or the lack of security for claims, arising in connection with the global financial crisis. The approach of the courts has been increasingly international in nature, with a willingness to look at U.S. practice and developments.
Follows on from the First and the Second editions of which White was the editor and wrote some of the chapters. In those earlier editions many eminent Australian maritime lawyers contributed chapters from their own point of view but in this new edition the author has tried to bring a consistency of treatment of topics which flows from the one author writing the entire work.
The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.
This book examines the concept and purpose of joint development agreements of offshore hydrocarbon deposits from the perspective of public international law and the law of the sea, taking into consideration and extensively reviewing State practice concerning seabed activities in disputed maritime areas and when hydrocarbon deposits extend across maritime boundaries. It distinguishes between agreements signed before and after the delimitation of maritime boundaries and analyzes the relevance of natural resources or unitization clauses included in maritime delimitation agreements. It also takes into consideration the relation between these resources and maritime delimitation and analyzes all the relevant international jurisprudence. Another innovative aspect of this book is that it examines the possibility of joint development of resources that lay between the continental shelf and the Area, considering both theoretical and practical problems. As such, the book is a useful tool for scholars and experts on public international law and the law of the sea, but also for national authorities and practitioners of international disputes resolution, as well as public and private entities working in the oil and gas industry.
Hardcover second edition of a maritime law book for students and practitioners. Focuses on Australian laws and substantially revised to take into account legislative changes in Australia, new international rules and recent case law. Also includes a new chapter on maritime pollution. Includes a table of cases, table of statutes and index.
