Table Of ContentRoutledge Handbook of Maritime
Regulation and Enforcement
With advances in technology and maritime transport, human use of the ocean now extends
beyond the traditional activities of navigation and fishing. Emerging activities such as biopros-
pecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable
energy developments and marine scientific probes of deep sea areas challenge the applicability
of maritime law and policy in new ways.
This handbook examines current regulatory and enforcement instruments and mechanisms
for different sectors of maritime activity. Covering various jurisdictions, its specially commis-
sioned chapters are authored by some of the world’s foremost authorities on maritime law, and
offer unique perspectives on maritime law, policy and practice.
This highly relevant collection is organised into four parts:
• International law considerations in maritime regulation and enforcement
• Role of states and other international actors in maritime regulation and enforcement
• Regulation and enforcement in different maritime sectors
• Current issues and future challenges
This comprehensive reference work will be of interest to scholars and students of maritime
law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as
policy-makers.
Robin Warner is Professor at the Australian National Centre for Ocean Resources and Security.
She was formerly the Assistant Secretary of the International Crime Branch of the Criminal
Justice Division in the Commonwealth Attorney General’s Department from 2002 to 2006.
Previously she served with the Royal Australian Navy as a legal officer.
Stuart Kaye is Director and Professor of Law within the Australian National Centre for Ocean
Resources and Security (ANCORS) at the University of Wollongong. He was formerly the
Dean of Law at the University of Western Australia having been appointed Winthrop Professor
of Law in July 2010. He held a Chair in Law at the University of Melbourne from 2006 to 2010
and was Dean and Professor of Law at the University of Wollongong between 2002 and 2006.
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Routledge Handbook of
Maritime Regulation
and Enforcement
Edited by
Robin Warner and Stuart Kaye
First published 2016
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2016 Robin Warner and Stuart Kaye
The right of Robin Warner and Stuart Kaye be identified as editors of this
work has been asserted by them in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised 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.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent
to infringe.
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
Routledge handbook of maritime regulation and enforcement.
pages cm
Includes bibliographical references and index.
1. Maritime law. 2. Marine resources development—Law and legislation.
I. Warner, Robin, editor. II. Kaye, Stuart, editor.
K1150.R68 2015
343.09'6—dc23
2015011923
ISBN: 978-0-415-70445-8 (hbk)
ISBN: 978-1-315-89024-1 (ebk)
Typeset in Bembo
by Apex CoVantage, LLC
Contents
Contributors ix
Abbreviations xix
Foreword by Marie Jacobsson xxv
Introduction xxvii
Robin Warner and Stuart Kaye
PART A
International Law Considerations in Maritime
Regulation and Enforcement 1
1. A Zonal Approach to Maritime Regulation and Enforcement 3
Stuart Kaye
2. The High Seas Regime: a Model of Self-regulation? 16
Robin Warner
3. The Use of Force 27
Cameron Moore
PART B
Role of States and Other International Actors in
Maritime Regulation and Enforcement 41
4. The Role of Flag States 43
Sam Bateman
5. The Role of Coastal States 59
Lowell Bautista
v
Contents
6. The Role of Port States 71
Rosemary Rayfuse
7. The Role of Global Organisations 86
J. Ashley Roach
8. The Role of Regional Organisations 106
Kerry Tetzlaff
9. The Role of Courts and Tribunals in Maritime Regulation
and Enforcement 122
Dale Stephens
PART C
Regulation and Enforcement in Different Maritime Sectors 137
10. Fisheries Enforcement and the Concepts of Compliance
and Monitoring, Control and Surveillance 139
Mary Ann Palma-Robles
11. Shipping: Safety of Life at Sea 161
Anthony Morrison
12. Shipping: Vessel-source Pollution 176
Erik J. Molenaar
13. Regulation of Offshore Hydrocarbon Exploration and
Exploitation under International Law 193
Youna Lyons
14. The Regulation of Marine Scientific Research: Addressing
Challenges, Advancing Knowledge 212
Harriet Harden Davies
15. Deep Seabed Mining: Key Obligations in the Emerging
Regulation of Exploration and Development in the Pacific 231
Robert Makgill and Ana P. Linhares
16. Transnational Crime 262
Douglas Guilfoyle
17. Combating Piracy and Armed Robbery at Sea: from
Somalia to the Gulf of Guinea 277
Clive Schofield and Kamal-Deen Ali
vi
Contents
PART D
Current Issues and Future Challenges 293
18. Regulation of Marine Renewable Energy 295
Anne Marie O’Hagan
19. The Potential to Regulate Bioprospecting for Marine
Genetic Resources: Two Case Studies 324
Julia Jabour
20. Ocean Acidification: Scientific Surges, Lagging Law and Policy Responses 342
Katja Fennel and David L. VanderZwaag
21. Use of Technology in Maritime Regulation and Enforcement 363
Chris Rahman
22. Cooperative Maritime Surveillance and Enforcement 378
Warwick Gullett and Yubing Shi
23. Developing New Regulatory Paradigms for the Conservation
and Sustainable Use of Marine Biodiversity in Areas beyond
National Jurisdiction 394
Robin Warner
Index 409
vii
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Contributors
Sam Bateman retired from the RAN as a Commodore and is now a Professorial Research
Fellow at the Australian National Centre for Ocean Resources and Security (ANCORS) at the
University of Wollongong in Australia, and an Adviser to the Maritime Security Programme
at the S. Rajaratnam School of International Studies (RSIS) at the Nanyang Technological
University in Singapore. His naval service included four ship commands ranging from a patrol
boat to guided-missile destroyer. He has written extensively on defence and maritime issues in
Australia, the Asia-Pacific and Indian Ocean, and was awarded his PhD from the University of
NSW in 2001 for a dissertation on “The Strategic and Political Aspects of the Law of the Sea
in East Asian Seas”. Co-authored reports for the Australian Strategic Policy Institute (ASPI),
include Our Western Front: Australia and the Indian Ocean (2010), Staying the Course: Australia and
Maritime Security in the South Pacific (2011), Making Waves: Australian Ocean Development Assistance
(2012) and most recently, Terms of Engagement – Australia’s Regional Defence Diplomacy (2013). He
has also co-authored policy papers for RSIS including ASEAN and the Indian Ocean (2011). His
recent co-edited publications include Maritime Challenges and Priorities in Asia – Implications for
Regional Security (Routledge, 2012).
Lowell Bautista is a Lecturer at the School of Law and a Staff Member at the Australian
National Centre for Ocean Resources and Security (ANCORS), Faculty of Law, Humanities
and the Arts, University of Wollongong. He is a lawyer with more than ten years of experience
in legal and policy research, litigation and consultancy. He holds Bachelor of Arts in Political
Science (cum laude) and Bachelor of Laws (LL.B.) degrees from the University of the Philip-
pines, a Master of Laws (Marine and Environmental Law) degree from Dalhousie University in
Canada, and a Doctor of Philosophy (PhD.) in law from the University of Wollongong. His areas
of research include territorial and maritime boundary issues in the Asia-Pacific, the South China
Sea, Philippine maritime and territorial issues, maritime piracy and terrorism, international
humanitarian law, underwater cultural heritage, and international environmental law, on which
topics he has also published. Dr Bautista has participated in numerous research and consultancies,
as well as in the preparation of submissions, opinions, and reports for government department
and agencies in Australia and in the Philippines, as well as for regional and international organ-
isations. On numerous occasions, Dr Bautista has provided confidential advice and opinions on
matters pertaining to offshore oil and gas resources, the law of the sea, the South China Sea,
maritime boundary delimitation and public international law to the Philippine Government,
and to private companies in the Philippines and Australia.
ix
