Conflicts over protection of marine living resources : the 'Volga Case' revisited
Free to read full-text Non-traditional maritime security concerns have become more importantthan ever in the post-Cold War era. Naval forces of most developedcountries are more concerned about these threats than conventional war.One of the main maritime security issues for many countries in the worl...
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ftqueensland:oai:eprints.qut.edu.au:60300 2023-06-18T03:41:41+02:00 Conflicts over protection of marine living resources : the 'Volga Case' revisited Karim, Saiful 2011 application/pdf https://eprints.qut.edu.au/60300/ unknown Georg-August-Universitaet Goettingen, Universitaetverlag https://eprints.qut.edu.au/60300/1/2013002877.pdf doi:10.3249/1868-1581-3-1-karim Karim, Saiful (2011) Conflicts over protection of marine living resources : the 'Volga Case' revisited. Goettingen Journal of Intenational Law, 3(1), pp. 101-127. https://eprints.qut.edu.au/60300/ Faculty of Law; School of Law free_to_read Consult author(s) regarding copyright matters This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au Goettingen Journal of Intenational Law Contribution to Journal 2011 ftqueensland https://doi.org/10.3249/1868-1581-3-1-karim 2023-06-05T22:47:21Z Free to read full-text Non-traditional maritime security concerns have become more importantthan ever in the post-Cold War era. Naval forces of most developedcountries are more concerned about these threats than conventional war.One of the main maritime security issues for many countries in the world isillegal, unreported and unregulated (IUU) fishing in the marine area. Withthese burgeoning issues comes the potential for a large number of disputesinvolving international law. In early 2002, a long-line fishing vessel under aRussian flag –the Volga, was detained by Australian authorities a few hundred meters outside the Exclusive Economic Zone of Australia’s Heard and McDonald Islands in the Southern Ocean. The vessel was reportedly engaged in illegal fishing. This incident gave birth to litigation in international and Australian courts. Apart from these cases, Russia also announced separate litigation against Australia for violation of Articles 111and 87 of the United Nations Convention on the Law of the Sea (NCLOS).Considering the outcome of these cases, this article critically examines thecharacteristics of litigation as a strategy for pacific settlement of disputesover marine living resources. Using the Volga Case as an example, thisarticle explores some issues related to the judicial settlement of disputes over marine living resources. This article demonstrates that the legal certainty of winning a case may not be the only factor influencing the strategy for settlement of an international dispute. Article in Journal/Newspaper McDonald Islands Southern Ocean Queensland University of Technology: QUT ePrints Southern Ocean Pacific Heard ENVELOPE(73.510,73.510,-53.117,-53.117) McDonald Islands ENVELOPE(72.600,72.600,-53.033,-53.033) |
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Queensland University of Technology: QUT ePrints |
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Free to read full-text Non-traditional maritime security concerns have become more importantthan ever in the post-Cold War era. Naval forces of most developedcountries are more concerned about these threats than conventional war.One of the main maritime security issues for many countries in the world isillegal, unreported and unregulated (IUU) fishing in the marine area. Withthese burgeoning issues comes the potential for a large number of disputesinvolving international law. In early 2002, a long-line fishing vessel under aRussian flag –the Volga, was detained by Australian authorities a few hundred meters outside the Exclusive Economic Zone of Australia’s Heard and McDonald Islands in the Southern Ocean. The vessel was reportedly engaged in illegal fishing. This incident gave birth to litigation in international and Australian courts. Apart from these cases, Russia also announced separate litigation against Australia for violation of Articles 111and 87 of the United Nations Convention on the Law of the Sea (NCLOS).Considering the outcome of these cases, this article critically examines thecharacteristics of litigation as a strategy for pacific settlement of disputesover marine living resources. Using the Volga Case as an example, thisarticle explores some issues related to the judicial settlement of disputes over marine living resources. This article demonstrates that the legal certainty of winning a case may not be the only factor influencing the strategy for settlement of an international dispute. |
format |
Article in Journal/Newspaper |
author |
Karim, Saiful |
spellingShingle |
Karim, Saiful Conflicts over protection of marine living resources : the 'Volga Case' revisited |
author_facet |
Karim, Saiful |
author_sort |
Karim, Saiful |
title |
Conflicts over protection of marine living resources : the 'Volga Case' revisited |
title_short |
Conflicts over protection of marine living resources : the 'Volga Case' revisited |
title_full |
Conflicts over protection of marine living resources : the 'Volga Case' revisited |
title_fullStr |
Conflicts over protection of marine living resources : the 'Volga Case' revisited |
title_full_unstemmed |
Conflicts over protection of marine living resources : the 'Volga Case' revisited |
title_sort |
conflicts over protection of marine living resources : the 'volga case' revisited |
publisher |
Georg-August-Universitaet Goettingen, Universitaetverlag |
publishDate |
2011 |
url |
https://eprints.qut.edu.au/60300/ |
long_lat |
ENVELOPE(73.510,73.510,-53.117,-53.117) ENVELOPE(72.600,72.600,-53.033,-53.033) |
geographic |
Southern Ocean Pacific Heard McDonald Islands |
geographic_facet |
Southern Ocean Pacific Heard McDonald Islands |
genre |
McDonald Islands Southern Ocean |
genre_facet |
McDonald Islands Southern Ocean |
op_source |
Goettingen Journal of Intenational Law |
op_relation |
https://eprints.qut.edu.au/60300/1/2013002877.pdf doi:10.3249/1868-1581-3-1-karim Karim, Saiful (2011) Conflicts over protection of marine living resources : the 'Volga Case' revisited. Goettingen Journal of Intenational Law, 3(1), pp. 101-127. https://eprints.qut.edu.au/60300/ Faculty of Law; School of Law |
op_rights |
free_to_read Consult author(s) regarding copyright matters This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au |
op_doi |
https://doi.org/10.3249/1868-1581-3-1-karim |
_version_ |
1769007340235784192 |