Tag Archives: Law of the Sea

Antarctica | Icy Sea of Nations

Over View: The Antarctic’s highest point is 2800m at the south-pole. In 1933 The Australian Antarctic Territory (AAT) claims two parts of the Antarctic. The International Whaling Commission (IWC) took effect in 1946. 1959 The Antarctic Treaty System (ATS) was enforced in alignment with United Nations Convention on the Law of the Sea (UNCLOS). Conservation of Antarctic Seals formed in 1972. 1980 The Whale Protection Act was introduced. 1991 The introduction of the Madrid Protocol (MADRID) was introduced and the Australian Whale Sanctuary (AWS) was established in 1999.

Antarctica the largest ice mass in the world, site of 27-29 year round Research Stations of multiple Nations and Nationals.

The only indigenous population is located on Peter 1 Island this is located 90°W parallel to the South Pole.

Australia Antarctic Territory (AAT) come about on the 7th February via the British putting territory authority over the claim in Antarctic to our Commonwealth Government and was introduced in 1933 which predates that of the signing of the Antarctic Treaty System (ATS) by two decades. AAT does not apply to agreements related to Russian drilling currently.

To date the Australian Government with a sovereignty claim has not attempted to enforce national laws against Japanese vessels seen whaling in the AAT EEZ as on signing the ATS agreed to the suspension of claim of territory within the Antarctic EEZ in accordance to following the practice of all other United Nations in only exercising jurisdiction over its own nationals or those subject to Australian Law.

Australia’s claim in the Antarctic is 60° Parallel of the South Pole and between 45°E to 160°E, the second section of claim is 136°E to 142°E longitudes’. Australia still maintains the right to explore and exploit the seabeds and water columns within the EEZ; originally sovereign country’s EEZ was 3 nautical miles off shore.

Neither this claim nor any other is recognised by Russia, Japan, China or America that are only bound by UN UNCLOS. The only nations that do recognise this sovereign claim are Norway, New Zealand, Australia, France and UK.

Twenty-one of 28 Antarctic nations have made no claims for territory, with only seven making a total of 8 claims of sovereign territorials by 1961 below 60° S Parallel with zero having indigenous populations.

After World War 2, America, China and Japan renounced claim to Antarctic land/waters returning it to neutral waters and land.

The Exclusive Economic Zone (EEZ) is the zone that leading out from the mainland, in Antarctic the EEZ is a distance of 350kms or 200 nautical miles out.

1 April 2008 the decision was announced that Australia would now have EEZ rights to 2.5 million square kilometers of seafloor the tongue of shelf on the Kerguelen plateau that extends south of Heard Island inside the treaty boundary.

The United Nations Convention ‘Law of the Sea’ (UNCLOS) was introduced for greater maritime regulations of fishing and mammals in alignment to laws of UN, these laws outlining ‘Law of the Sea’ cover all aspects including legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil and reservation of the high seas for peaceful purposes. This is comprises of 320 Articles and 9 Annexes.

All United Nations that signed the ATS are bound by the UNCLOS within Antarctic and international waters.

Antarctic Treaty System (ATS) 

Article 1 – Area to be used for peaceful purposes only; military activity, such as weapons testing, is prohibited, but military personnel and equipment may be used for scientific research or any other peaceful purpose;

Article 2 – Freedom of scientific investigation and cooperation shall continue;

Article 4 – The treaty does not recognize, dispute, nor establish territorial sovereignty claims; no new claims shall be asserted while the treaty is in force;

Article 7 – Treaty-state observers have free access, including aerial observation, to any area and may inspect all stations, installations, and equipment; advance notice of all activities and of the introduction of military personnel must be given;

Article 11 – Disputes to be settled peacefully by the parties concerned or, ultimately, by the International Court of Justice;

Reserved claims on territory within the Antarctica are currently held by America and Russia only but not an active option while there is an ATS. All drilling and mining in the Antarctic in relation to the above counties won’t be reviewed to 2048.

Australian Whale Sanctuary (AWS) established in 1999 to protect dolphins and whales from being killed, injured or hunted by fishing vessels unless permitted or authorised under the Environment Protection and Biodiversity Conservation Act 1999. This sanctuary is located adjacent to the Antarctica. Australian Naval and Custom vessels have the right within this area to arrest and board any vessel under the AAT.

The regulation of whaling was excluded from the ATS, that was added to the by contracting parties and Australian domestic law carefully recognises the general rule that Australian law will not be enforced against foreign countries operating under an authority granted by a party to the ATS.

Australia will not take action against the Japanese under this order because that would be an act of war, not under Australian law, but according to the law of most other countries in the world.

Any Government from any country such as Japan can permit contractors for whaling granted each year, that are not recognised by Madrid or the ATS, authorising the kill, take for scientific research purposes subject to the restrictions of the Contracting Government authorising the special permit, recognised by the IWC.

Japan could continue whaling anywhere in the Antarctic they like by withdrawing from the International Whaling Convention. They would not be bound by moratorium on commercial whaling, and therefore other nations ultimately would be powerless to lawfully stop Japan for whaling on the high seas. Currently Japan is happy to continue to permit whaling by its nationals and can only be interfered with in local domestic waters of nationals and/or within the AWS.

International Whaling Commission (IWC) 

IWC was introduced in 1946 setup under the International Convention for the purpose of the regulation of whaling on the high seas.

The conventions main task is to monitor the stocks of whaling for orderly development of the whaling industry. They are to review and revise as necessary the measures laid down by the convention which governs the conduct of all whaling throughout the world.

The IWC set the limits and size of the catch each year, they organise the placement of Whale Sanctuaries where required, agreed on by the member nations also they determine the length of time that the whaling season is open/closed each year.

They prohibit the capture of suckling calves and female whales that are accompanied by the calves. Each season members are required to submit reports on capture, statistical and biological records as required.

In addition, the commission encourages, co-ordinates and funds whale research, publishes the results of scientific studies on subjects such as the humaneness of the killing operations.

Any member of the UN can join the IWC that is represented by a commissioner assigned by the IWC, usually serving three years with that member.

Madrid Protocol 1991 (MADRID) 

The Madrid is an addition to the ATS adopted by all nations and parties which provides for comprehensive protection of Antarctica, as the last greatest wilderness on earth.

Introduced in 1991 the protocol consists of 6 Annex breakdowns covering the subjects:

Environmental Impact Assessment

Conservation of Antarctic Fauna and Flora

Waste Disposal and Waste Management

Prevention of Marine Pollution

Management of Protected Areas

Liability for Environmental Emergencies

As with the ATS any member that has signed the Madrid may however withdraw from the protocol if any amendments are made thereafter.

In Summary:

All nations that have signed the ATS requirements and therefore are abided to follow in accordance this treaty overrides any other treaty while enforced.

The Main objective of the ATS is to ensure in the interests of all mankind, that Antarctica shall continue forever to be used for peaceful purposes and shall not become the scene or object to international discord. The Treaty forbids military interaction of war machines but not personnel.

Antarctica is comprised of non-permanent nationals from sovereignty countries, Antarctic is not a sovereignty its self, all territory claims are suspended according to ATS while enforce but are still governed by that sovereignty.

Conservation Groups need to rethink their approach/strategies’ to dealing with and/or being heard via the process of diplomacy approach through government or IWC, not through attacks that can be seen as forms of piracy (approaching or boarding vessels, towing ropes in the attempt to cause destruction); interference (navigating in the path or seaway of another vessel); pollution (destruction of vessels and/or by using projectiles other than water) or defamation of a nation or company in the means of trying to bankrupt via hostile means.

The entire above are prohibited within the Antarctic according to ATS UNCLOS with sea safety to be observed at all times directed by Maritime Sea Authority (MSA). Domestic governments are required by law to maintain harmony within their own waters and the high seas, including Antarctic waters in relation to their own citizens and people that come under judicial territory to in upholding such laws.

In relation to vessels on the sea local or international the only authorised divisions that can inspect (notice must be given unless good reason given), board or interfere with another vessel are Customs and Navy.

Any other ship that takes onboard the duties of Customs or Navy vessels is in breach of the AAT in Australia and UN ATS UNCLOS. This by other members is seen as a threat and a means to invoke hostile intentions between nations, clearly illegal and may be seen as an Act of War if continues unchecked.

The Maritime Authority should impose domestic or international restrictions on conversation ships in relation to areas in which they can operate when it comes to environment protection, including dry-docking any vessels that a repeat offenders to breaching high sea laws.

BJ Hutton

British Territories | Constitutional Understanding

British Empire, formally known as Great Britain in the 16th century started out with fishing camps in newfound territories.

In 1607, the Empire made its first settlements, these were located in Newfoundlands that fisherman had located during the seasonal period.

The first successful colonial settlement was known as Jamestown in North America then expanded to one quarter of the world’s land mass including territories with large indigenous populations; this included an area of the mainland of China known as The New Territories leased to Britain for 99 years from 1898 to accommodate Hong Kong’s growing population.

The British Empire was renamed The British Commonwealth in 1949 then become known as Commonwealth of Nations and Commonwealth Realms for colonies under the Monarch (Queen).

Settlement in Newfoundland Territories; was usually by British appointed Governors under the Blue; Red or White Ensign Flags. Under the framework of social integration of a new colony into new territories inhabited currently by natives was designed pacifically to involve local natives with in the design.

This framework was to encourage social interaction with the natives and pioneers (colonies) alike in the manner of trade relating to goods and services; social etiquette in relation to interaction and social conduct, as well as literature; housing for better living conditions for all; farming horticultural & agricultural including livestock for continuous food supply as well as the design, use and creation of tools and equipment.

Within this creation of involvement in the planning of living within territories that include native populations the decided best and used approach to new settlements of the Crown was to have large number of natives living within the confinements and surroundings of the colony.

This approach was and is seen by some as stealing slave labour for the benefit of colonies, but in real-terms this was more of a designed way to evolve local natives into the world collective via a more hands on traineeship learning approach of skills. In exchange these selections were given housing, modern food daily in standardise intervals for nutritional habits, clothing and education for services rendered.

Note: Land clearing mainly was done via Colony Prisoners’ and Pioneers alike, colonies and/or province were the populace was found to be mistreated the Appointed Governor of that colony was hanged for misconduct.

Sovereign Territories; were or are military colonies dependent of the British Commonwealth until they could maintain and function independently via their own governments.

Dominions; were colonies such as Australia, New Zealand, Irish Free State, Union of India, Pakistan and Union of South Africa etc that were still part of the British Empire prior to achieving independence in all matters except foreign policy, defence and trade in turn becoming Commonwealth countries with independent governments.

When the Commonwealth Constitution was introduced for colonies, the framework of the Act works on the bases of the following breakdown according to independent countries: were as the country is broken up into States and/or land Territories, these States and/or land Territories operated independently and the Federal Parliament of the Commonwealth is the main body of governing.

The Commonwealth Government; consists of three sides, first being the governing party in power, second being the opposition in which both operate in the lower house ‘The House of Representatives’, the third being the Deliberative Assembly that operates from theupper house ‘The Senate’. Amendments are done to the Commonwealth Constitution only if all parties of government come to an unconditional agreement.

Legislative Powers; (constitution laws) that use to be governed by the Monarch on settlement were pasted onto the Commonwealth Government of that colony in the introduction of a Parliament.

These legislative powers include all functions in the operation of the country including federal and local laws, taxation, and defence forces.

The Governor-General; is a single entity in Commonwealth Countries that are only representatives of the Monarch (Queen) and do not have any holding over the running of or legislative powers of the country. The Monarch only reserves the right to make use of Trade, Defence and Foreign Policy.

In reference to who is required to abide by the Commonwealth Constitution is *Anyone* that makes use of any functional part of society from goods and services to trade, to government assistance etc need be a citizens, permanent status, overseas travellers and natives. Note: not being British or a descendant of The British Empire does not except you!

Seas of Territories; come under direct law or our local Commonwealth Government with the discretion to make use of UN International Maritime Act ‘Law of the Sea’.

The Ownership of Land; of acquired via a Deed that is a lease for a period of time, generally the period is no longer than 99 years of ownership stated under the one name, however this land may be held longer with change of ownership to another member of the family.

The Commonwealth is the owner and holder of any unallocated land that has not been acquired by persons identified as a person directly descended from the native land title holder and/or surrendered by persons identified in the ILUA (Indigenous Land Use Agreement) as persons on whose behalf native title is surrendered. Note: native communities have no entitlement to a claim land that has been surrendered.

State or Territory Government Land; is land that is owned by the state which includes the ownership of forfeited leases due to unpaid mortgages, unused land or abandoned land not claimed by natives; however the State Government can hand unallocated land back to the Commonwealth Government, who in turn may release this unallocated land back to natives without Title Claim.

The Purchase of Land; is in accordance to the value of that land at the time of purchase, values are not taken into account from settlement as in accordance with trade and unallocated acquisition by the British Empire that in-turn was released to the Commonwealth body of that country.

Indigenous Councils; (islands and mainlands) within communities reserve the right to choose if one is to be part of or stay within that community that’s not indigenous to that area unless married to a community member.

Indigenous Communities; (islands and mainlands) are supported by the Commonwealth in the ways of education, food outlets and finance via rural fly-in Centrelink. There are neither commitments nor responsibilities’ within a community for indigenous only on return or integration with mainstream society. Note: increased benefits’ according to costs of living in rural areas.

The benefits on offer via the Commonwealth to indigenous people are three to one to non indigenous with free further education added. Mainstream opportunities are also available at an equal opportunity to all cultures with a percentage of middle to high class positions set aside for indigenous people per year.

Defence Force; reserve the right on conditions set in place by the local council and human rights at periods of time to enter these communities for health checkups and conduct investigations or arrests in accordance to Commonwealth laws.

Final: Thank You for taking time and the opportunity to read this documentation I have put together and hope that this has produced an equal as well as a better understanding of all involved within any settled country.

BJ Hutton