Advisory opinion on responsibility and liability for international seabed mining (ITLOS Case No. 17): international environmental law in the seabed disputes chamber

On 1 February 2011, the Seabed Disputes Chamber (“the Chamber”) delivered its first Advisory Opinion. The Opinion provides useful guidance to the international community concerned with the deep seabed. First and foremost, the Chamber accomplished its task to assist the ISA with independent and impartial judicial interpretation of the Convention and related instruments. States that intend to extract valuable resources now know that they must evaluate their legal codes, administrative capacity, and their judicial enforcement mechanisms to determine where they fall short of the standards that the Chamber has identified. For most states it will be necessary to introduce new laws to provide the requisite rules, regulations and procedures. Entities seeking sponsorship will likely wish to work with these governments to develop a workable regime. Other entities, such as those interested in scientific research, other economic uses, and protection of the ocean and seabed resources, will want to assist with this process to ensure that their interests are respected and that developing states are given assistance to develop appropriate laws and enforcement capacity. Finally, the limitations and gaps in the Convention’s liability scheme have now been identified and await the international legal community’s attention

Dispute Concerning Japan’s JARPA II Program of ‘Scientific Whaling’ (Australia v Japan): A backgrounder

On May 31, 2010, Australia filed its Application Instituting Proceedings against Japan in the Registry of the International Court of Justice (ICJ). The commencement of the action by Australia brings to a head the dispute (sometimes acrimonious) concerning Japan’s annual Southern Ocean whale hunt that has persisted over twenty years. In general terms, Australia alleges that the implementation of the Second Phase of the Japanese Whale Research Program under Special Permit in the Antarctic (JAPRA II) is a breach of obligations assumed by Japan under the International Convention for the Regulation of Whaling (“ICRW”), as well as its other international obligations under the Convention on International Trade in Endangered Species (CITES) and the Convention on Biological Diversity (CBD) for the preservation of marine mammals and the marine environment. This brief note outlines the allegations and offers a brief analysis

Protecting whales by hue and cry – is there a role for non-state actors in the enforcement of international law?

The 2009/10 whaling season in the Southern Ocean witnessed a dramatic escalation in the clashes between the Japanese whaling fleet and the Sea Shepherd Conservation Society. In January a collision between the Sea Shepherd’s Ady Gil and the Japanese whaler Shonan Maru No. 2 resulted in the sinking of the Ady Gil. Then in February the skipper of the Ady Gil, Pete Bethune, boarded the Shonan Maru No. 2 to effect a ‘citizen’s arrest’ of its Master whilst also presenting a demand for compensation. This paper considers the place, if any, for the sort of hue and cry enforcement of international law envisioned by Sea Shepherd

Introductory note to Intergovernmental Panel on Climate Change, Fourth Assessment Synopsis Report Summary for Policy Makers and the Bali Action Plan

This note sets out the background to the Bali Action Plan, including the IPCC Fourth Assessment Synopsis Report Summary for Policymakers. It outlines the key features of both documents. The Note appears in 47 International Legal Materials 94 (2008)

False Sanctuary: the Australian Antarctic Whale Sanctuary and Long-Term Stability in Antarctica

The recent assertion of maritime adjudicative jurisdiction by Australian courts over a Japanese whaling company for acts contrary to Australian law in the Antarctic Southern Ocean is alarming. Private litigation, based on an internationally disputed claim to sovereignty over Antarctic territory and a further contested claim to an EEZ appurtenant to that territory, ought not to serve as a proxy for cooperative (and hopefully effective) international management of the Antarctic environment. The big danger is that if other states follow Australia\u27s lead in claiming sovereign rights and exercising attendant jurisdiction the chances of natural resource over-exploitation and environmental harm in the Antarctic is increased. It will, I believe, in the long run exacerbate the likelihood of a scramble for important, scarce and economically viable resources

Beyond Virtue And Honour: Montesquieu And The Problem Of England In The spirit Of The Laws

This thesis attempts to resolve the problematic nature of Montesquieu\u27s analysis of the English constitution. It is argued that in the Spirit of the Laws Montesquieu presents England as a mixed regime composed of republican and monarchical elements. Further, England is able to protect the liberty of its citizens from unwarranted intrusions into their private lives by governments, and permits them to pursue a natural desire for commercial activity. England is able to avoid corruption, or at least the effects of corruption, by limiting government power, and by nurturing the interests of the citizens in participating in politics. Hence liberty and commerce in England do not or did not at that time lead to excessive individualism.;Our examination of Montesquieu\u27s analysis of the English mixed regime will look at what he meant by \u27natural\u27 government, that is, a regime which permitted individuals to fulfill their nature without presupposing standards of behaviour. Second, it will look at what Montesquieu means by republican and monarchical governments (their nature and principle); why they fail to avoid corruption, and which of their features will be combined in the English mixed regime. Third, we will consider how these elements are to be mixed, and what the connection between mixed regimes, commerce and liberty is. Finally, England\u27s constitution will be looked at, both in terms of its ability to provide liberty in its constitution and liberty for the citizen.;This thesis will be prefaced by a discussion of some of Montesquieu\u27s early writings, which demonstrates the affinity of Montesquieu\u27s later ideas with those of his youth. It is here that we will examine Montesquieu\u27s understanding of politics and political activity, which will provide a recurring point of reference to the remainder of the essay. It is argued that Montesquieu\u27s understanding of politics and political activity was profoundly influenced by the writings of Cicero. Finally, it is this Ciceronianism inherent in Montesquieu\u27s thought which will provide the continuity of his ideas, and enable us to better understand the development of ideas in the eighteenth century. It is Ciceronian politics, not the paradigm of manners, that provides (at least in Montesquieu\u27s case) for the transition from the pursuit of classical virtue to the acceptance of modern commerce in the eighteenth century

The 2012 United Nations Conference on Sustainable Development and the Future of International Environmental Protection

This opinion piece addresses concerns about the suitability of the continuing use of sustainable development as a concept around which to organize international environmental protection. Despite advances made in international environmental law over the last 40 years, progress in abating global greenhouse gas continues to be slow, and predictions about global average temperature increases remain disturbing. The upcoming GEO5 publication based on the United Nations Environment Programme’s Global Environmental Outlook data portal reveals that prospects for improvements in global environmental standards are grim. Some of the challenges facing the advancement of international environmental law can be largely attributed to inefficiencies associated with treaty congestion; however, there is a more fundamental reason why international environmental law remains ineffective. There has been little, if any, progress because we have been focusing solely on the concept of sustainable development for the last quarter century. It is clear that ‘sustainable development’ has become too malleable a theory to serve its vital purpose. Consequently, it needs to be replaced with a straightforward title for the environmental movement. The international community needs to reconsider its approach in dealing with today’s pressing environmental concerns

False Sanctuary: the Australian Antarctic Whale Sanctuary and Long-Term Stability in Antarctica

The recent assertion of maritime adjudicative jurisdiction by Australian courts over a Japanese whaling company for acts contrary to Australian law in the Antarctic Southern Ocean is alarming. Private litigation, based on an internationally disputed claim to sovereignty over Antarctic territory and a further contested claim to an EEZ appurtenant to that territory, ought not to serve as a proxy for cooperative (and hopefully effective) international management of the Antarctic environment. The big danger is that if other states follow Australia\u27s lead in claiming sovereign rights and exercising attendant jurisdiction the chances of natural resource over-exploitation and environmental harm in the Antarctic is increased. It will, I believe, in the long run exacerbate the likelihood of a scramble for important, scarce and economically viable resources