Arrests in a cold climate (Part 2) - shaping hot pursuit through state practice

Baird, Rachel (2009) Arrests in a cold climate (Part 2) - shaping hot pursuit through state practice. Antarctic and Southern Ocean Law and Policy Occasional Papers, 13. pp. 1-21. ISSN 1034-361X

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Abstract

An examination of the law of hot pursuit in the context of IUU fishing in the Southern Ocean and Australian state practice. The central questions considered in this paper are: (1) has the actual exercise of the right become so hamstrung by the prescriptive and cumulative requirements of Article 111 of the LOSC that in the current maritime environment it is little more than a hollow promise of coastal State authority? Further,: (2) has State practice in the pursuit and arrest of illegal fishing vessels been sufficient to bring a new understanding of (and agreement on) how the right may be exercised?


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: No evidence of copyright restrictions. Awaiting published version.
Depositing User: Dr Rachel Baird
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 02 Dec 2009 12:07
Last Modified: 02 Jul 2013 23:22
Uncontrolled Keywords: hot pursuit; illegal fishing; Southern Ocean; fishing vessels; fishing authority
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180111 Environmental and Natural Resources Law
18 Law and Legal Studies > 1801 Law > 180116 International Law (excl. International Trade Law)
07 Agricultural and Veterinary Sciences > 0704 Fisheries Sciences > 070403 Fisheries Management
Socio-Economic Objective (SEO2008): D Environment > 96 Environment > 9607 Environmental Policy, Legislation and Standards > 960701 Coastal and Marine Management Policy
URI: http://eprints.usq.edu.au/id/eprint/5604

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