Stuart Kaye | University of Wollongong (original) (raw)

Papers by Stuart Kaye

Cambridge University Press eBooks, 2018

Australian journal of maritime and ocean affairs, 2009

Mainstream media and civil society have become increasingly interested in the working conditions ... more Mainstream media and civil society have become increasingly interested in the working conditions of individuals engaged in employment where the outcomes of that employment find their way to Australia. [1] Concerns are growing over the conditions of those working abroad, in a variety of industries, including those on deep sea fishing trawlers, the use of child labour in factories and in agriculture, the use of sweat shops in the production of clothing among a disturbingly long list. These kinds of practices are grouped together under the heading of modern slavery, [2] as they do not necessarily amount to slavery under the formal definition at international law, [3] but are viewed as unacceptable activities that should be stamped out by the international community. While the occurrence of these activities are often outside of Australia, [4] thereby beyond the scope of direct regulation and enforcement, there have been growing calls to limit the ability of business within Australia to incorporate the outcomes from this type of labour into its supply chain. In this way, it is hoped that by exerting pressure through the marketplace by preventing businesses from using suppliers relying on modern slavery practices, this behaviour can be discouraged. [5

As an island continent, it is unsurprising that a focus of successive Australian governments has ... more As an island continent, it is unsurprising that a focus of successive Australian governments has been the international law of the sea. Australia has been active, both in the negotiation of new rules such as those in the 1982 United Nations Convention on the Law of the Sea (\u27LOSC\u27)1 and in adopting laws and practices contributing to the development of customary international law. These developments in the law have accorded Australia significant benefits- for example, an area of maritime jurisdiction that is among the largest of any country

This chapter presents some of the challenges and responses for Combating maritime crime in the In... more This chapter presents some of the challenges and responses for Combating maritime crime in the Indian Ocean region. It also presents a narrative about the legislative responses of different States, examples of cooperation and the scope for further cooperation

On 27 August 2015, the Jakarta Post reported that after a meeting between President Joko Widodo o... more On 27 August 2015, the Jakarta Post reported that after a meeting between President Joko Widodo of Indonesia and Prime Minister Rui Maria de Aritjo of Timor Leste, 1 the two countries agreed to delimit their maritime boundaries? The report indicated that the two states would seek to delimit their northern maritime boundaries first, before turning to the maritime boundaries to the south of the island of Timor. At the time of writing, negotiations had begun. The negotiation of maritime boundaries with Indonesia will present a significant challenge for Timor Leste. Much has been said and written about Timor Leste\u27s maritime boundary with Australia to the south, and there is a risk that some of that commentary, which has purported very generous formulations of Timor Leste\u27s entitlements, may lead to unrealistic expectations when it comes to dealing with Indonesia. Overly optimistic assessments of Timor Leste\u27s jurisdiction may prevent the reaching of an agreement with Indonesia. This paper will consider the issues facing Timor Leste is delimiting its maritime boundaries with Indonesia

... all like to thank our families for their patience and support: Beth Gibson and Jennifer Rothw... more ... all like to thank our families for their patience and support: Beth Gibson and Jennifer Rothwell; Brenda Weekes-Kaye; Nikki, Lachlan and ... on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Yugoslavia (Serbia and Montenegro)) [1993] ICJ ...

Edward Elgar Publishing eBooks, Jun 28, 2013

Brill | Nijhoff eBooks, 2014

This chapter considers whether contemporary practice may lead to a further creeping of jurisdicti... more This chapter considers whether contemporary practice may lead to a further creeping of jurisdiction, not in a further grab for resources, but in an effort by States to provide themselves with greater security from threats from the sea. It examines contemporary and emerging practice in respect of maritime security, and addresses the question whether seeking greater control over security is the next generation of jurisdictional creep, and what erosion of existing freedoms might occur. The issue of military activities, including surveillance, in the exclusive economic zone (EEZ) of another State is one not directly dealt with in the United Nations Convention on the Law of the Sea (LOSC) . The thrust of the proliferation security initiative (PSI) is to prevent the proliferation of WMD by sea, land and air. The rationalisation for States seeking to exclude is based upon their jurisdiction in the EEZ over environmental matters. Keywords: EEZ; environmental security; jurisdiction; LOSC; maritime security; military security; proliferation security initiative (PSI)

The Blue Economy concept seeks to sustainably manage the wide range of economic activity in the w... more The Blue Economy concept seeks to sustainably manage the wide range of economic activity in the world\u27s oceans. The Blue Economy in Australia explores the global evolution and contested interpretations of this concept, as well as its relationship with maritime economics and technological innovation. Due consideration is also given to the role of navies and naval shipbuilding in protecting and developing the Blue Economy. Commissioned by the Sea Power Centre - Australia for the Sea Power Conference 2017, The Blue Economy in Australia offers timely analysis of the Blue Economy in Australia and around the globe

International Political Economy: Trade Policy eJournal, 2011

This paper considers issues in relation to the protection of shipping by naval forces.

The International Journal of Marine and Coastal Law, 2016

Routledge eBooks, Feb 17, 2023

Australian Journal of Maritime & Ocean Affairs, 2015

Legal Order in the World's Oceans

Much of the law applicable to maritime regulation and enforcement was developed early in the 201h... more Much of the law applicable to maritime regulation and enforcement was developed early in the 201h Century, at a time when the technology available to assist in regula­tion and enforcement of maritime zones was very basic. Since these times technol­ogy has advanced considerably, with the availability of a variety of means to surveil and enforce a State\u27s maritime jurisdiction that did not exist at the time the law was being developed. While in some cases technology has been embraced within regula­tory structures, such as the use of Vessel Monitoring Systems (vMs) within some Re­gional Fisheries Management Organizations (RFMos), and the adoption of Automatic Identification Systems (AIS) within maritime security measures for some commercial shipping, it is by no means the case in all circumstances. Most maritime enforcement is still undertaken by manned vessels physically present to detect violations, but the advent of unmanned surface vessels may make this no longer necessary. However, the use of such technology may be problematic under national and international law. This paper will consider how technology is outpacing the law, and where there may be op­portunities for reconsidering the applicable law

Cambridge University Press eBooks, 2018

Australian journal of maritime and ocean affairs, 2009

Mainstream media and civil society have become increasingly interested in the working conditions ... more Mainstream media and civil society have become increasingly interested in the working conditions of individuals engaged in employment where the outcomes of that employment find their way to Australia. [1] Concerns are growing over the conditions of those working abroad, in a variety of industries, including those on deep sea fishing trawlers, the use of child labour in factories and in agriculture, the use of sweat shops in the production of clothing among a disturbingly long list. These kinds of practices are grouped together under the heading of modern slavery, [2] as they do not necessarily amount to slavery under the formal definition at international law, [3] but are viewed as unacceptable activities that should be stamped out by the international community. While the occurrence of these activities are often outside of Australia, [4] thereby beyond the scope of direct regulation and enforcement, there have been growing calls to limit the ability of business within Australia to incorporate the outcomes from this type of labour into its supply chain. In this way, it is hoped that by exerting pressure through the marketplace by preventing businesses from using suppliers relying on modern slavery practices, this behaviour can be discouraged. [5

As an island continent, it is unsurprising that a focus of successive Australian governments has ... more As an island continent, it is unsurprising that a focus of successive Australian governments has been the international law of the sea. Australia has been active, both in the negotiation of new rules such as those in the 1982 United Nations Convention on the Law of the Sea (\u27LOSC\u27)1 and in adopting laws and practices contributing to the development of customary international law. These developments in the law have accorded Australia significant benefits- for example, an area of maritime jurisdiction that is among the largest of any country

This chapter presents some of the challenges and responses for Combating maritime crime in the In... more This chapter presents some of the challenges and responses for Combating maritime crime in the Indian Ocean region. It also presents a narrative about the legislative responses of different States, examples of cooperation and the scope for further cooperation

On 27 August 2015, the Jakarta Post reported that after a meeting between President Joko Widodo o... more On 27 August 2015, the Jakarta Post reported that after a meeting between President Joko Widodo of Indonesia and Prime Minister Rui Maria de Aritjo of Timor Leste, 1 the two countries agreed to delimit their maritime boundaries? The report indicated that the two states would seek to delimit their northern maritime boundaries first, before turning to the maritime boundaries to the south of the island of Timor. At the time of writing, negotiations had begun. The negotiation of maritime boundaries with Indonesia will present a significant challenge for Timor Leste. Much has been said and written about Timor Leste\u27s maritime boundary with Australia to the south, and there is a risk that some of that commentary, which has purported very generous formulations of Timor Leste\u27s entitlements, may lead to unrealistic expectations when it comes to dealing with Indonesia. Overly optimistic assessments of Timor Leste\u27s jurisdiction may prevent the reaching of an agreement with Indonesia. This paper will consider the issues facing Timor Leste is delimiting its maritime boundaries with Indonesia

... all like to thank our families for their patience and support: Beth Gibson and Jennifer Rothw... more ... all like to thank our families for their patience and support: Beth Gibson and Jennifer Rothwell; Brenda Weekes-Kaye; Nikki, Lachlan and ... on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Yugoslavia (Serbia and Montenegro)) [1993] ICJ ...

Edward Elgar Publishing eBooks, Jun 28, 2013

Brill | Nijhoff eBooks, 2014

This chapter considers whether contemporary practice may lead to a further creeping of jurisdicti... more This chapter considers whether contemporary practice may lead to a further creeping of jurisdiction, not in a further grab for resources, but in an effort by States to provide themselves with greater security from threats from the sea. It examines contemporary and emerging practice in respect of maritime security, and addresses the question whether seeking greater control over security is the next generation of jurisdictional creep, and what erosion of existing freedoms might occur. The issue of military activities, including surveillance, in the exclusive economic zone (EEZ) of another State is one not directly dealt with in the United Nations Convention on the Law of the Sea (LOSC) . The thrust of the proliferation security initiative (PSI) is to prevent the proliferation of WMD by sea, land and air. The rationalisation for States seeking to exclude is based upon their jurisdiction in the EEZ over environmental matters. Keywords: EEZ; environmental security; jurisdiction; LOSC; maritime security; military security; proliferation security initiative (PSI)

The Blue Economy concept seeks to sustainably manage the wide range of economic activity in the w... more The Blue Economy concept seeks to sustainably manage the wide range of economic activity in the world\u27s oceans. The Blue Economy in Australia explores the global evolution and contested interpretations of this concept, as well as its relationship with maritime economics and technological innovation. Due consideration is also given to the role of navies and naval shipbuilding in protecting and developing the Blue Economy. Commissioned by the Sea Power Centre - Australia for the Sea Power Conference 2017, The Blue Economy in Australia offers timely analysis of the Blue Economy in Australia and around the globe

International Political Economy: Trade Policy eJournal, 2011

This paper considers issues in relation to the protection of shipping by naval forces.

The International Journal of Marine and Coastal Law, 2016

Routledge eBooks, Feb 17, 2023

Australian Journal of Maritime & Ocean Affairs, 2015

Legal Order in the World's Oceans

Much of the law applicable to maritime regulation and enforcement was developed early in the 201h... more Much of the law applicable to maritime regulation and enforcement was developed early in the 201h Century, at a time when the technology available to assist in regula­tion and enforcement of maritime zones was very basic. Since these times technol­ogy has advanced considerably, with the availability of a variety of means to surveil and enforce a State\u27s maritime jurisdiction that did not exist at the time the law was being developed. While in some cases technology has been embraced within regula­tory structures, such as the use of Vessel Monitoring Systems (vMs) within some Re­gional Fisheries Management Organizations (RFMos), and the adoption of Automatic Identification Systems (AIS) within maritime security measures for some commercial shipping, it is by no means the case in all circumstances. Most maritime enforcement is still undertaken by manned vessels physically present to detect violations, but the advent of unmanned surface vessels may make this no longer necessary. However, the use of such technology may be problematic under national and international law. This paper will consider how technology is outpacing the law, and where there may be op­portunities for reconsidering the applicable law