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| 1 |
ID:
128284
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| Publication |
2014.
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| Summary/Abstract |
Market access to coastal shipping services is often severely restricted. Most countries impose national flag requirements as a minimum. However, Australia's coastal shipping market has been more open than many other markets, allowing foreign flag access to domestic shipping through a unique permit and licensing scheme. This article assesses Australia's regulation of cabotage by examining the nature of the permits issued to foreign flag companies for domestic shipments and evaluates the changes currently being proposed against a database of permits issued in 2009 and 2010.
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| 2 |
ID:
128281
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| Publication |
2014.
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| Summary/Abstract |
This article examines recent developments in the South China Sea; in particular, the China-Vietnam relationship. The developments are presented in the broader context of the Sino-Vietnamese approach to managing border disputes since full normalization of relations in late 1991. The challenges for China and Vietnam in managing their disputes and related tension in the South China Sea are also discussed.
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| 3 |
ID:
128280
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| Publication |
2014.
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| Summary/Abstract |
China's responses of turning its back on the compulsory arbitration initiated by the Philippines on 22 January 2013 with respect to aspects of the South China Sea dispute between them under Article 287 and Annex VII of the United Nations Convention on the Law of the Sea and failing to participate in constituting the five-member Arbitral Tribunal raise issues of whether the arbitral process has or can be halted by China and whether China's nonparticipation is in its best interest. This article examines the legal effects of China's actions and China's policy options with respect to the arbitral procedure started by the Philippines.
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| 4 |
ID:
128283
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2014.
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| Summary/Abstract |
This article discusses the Chinese legal framework in relation to ship recycling and suggests that the various legislation, standards, and opinions provide disorderly and nosystematic regulation. A uniform law specifically regulating the ship-recycling industry should be adopted by China, with a single competent authority empowered to supervise ship-recycling activities, that will effectively implement the 2009 Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships.
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| 5 |
ID:
128282
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2014.
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This article addresses maritime boundary delimitation concerning the continental shelf beyond 200 nautical miles. The focal point is how the foot of the continental slope can be used as the point of departure in drawing the provisional equidistance line in outer continental shelf boundary delimitations between neighboring states. The article examines the strength and weaknesses of this approach and asks whether the International Tribunal for the Law of the Sea indirectly rejected this approach in the 2012 Bangladesh v. Myanmar Case.
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| 6 |
ID:
128285
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| Publication |
2014.
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| Summary/Abstract |
Heightened attention is being paid to the Northwest Passage, the waters that flow among the islands of northern Canada and that, in the next decades, may be amenable to commercial navigation. Most debates regarding the Passage's legal status focus on Canada's contention that it is its internal waters and the United States' contention that it is an international strait. This article proposes that a designation of the Passage as Canada's territorial sea would be as legally robust as the internal waters or international strait designations while satisfying both Canada's and the United States' political objectives.
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| 7 |
ID:
128286
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| Publication |
2014.
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| Summary/Abstract |
There are a considerable number of maritime areas where no boundary exists, or where a boundary is delimited only in part. This article deals with the issue of submarine telecommunication cables, which are sometimes placed on the seabed or buried in the subsoil of areas that are claimed by multiple states, and identifies specific issues that arise in the context of areas of overlapping claims.
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