Table of Cases

Ali & Ors v. Commonwealth of Australia [2004] VSC 6 (unreported, Bongiorno J, 23 January 2004).

Ashby v. Minister of Immigration [1981] 1 NZLR 222 (CA). Attorney-General v. De Keyser’s Royal Hotel Ltd [1920] AC 508. Attorney-General v. Nissan [1970] AC 179.

Attorney-General of Fiji v. Robert Jones House Ltd [1989] 2 NZLR 69. Barton v. Commonwealth (1974) 131 CLR 477.

Bici v. Ministry of Defence [2004] EWHC 786. Blunden v. Commonwealth (2003) 218 CLR 330. Bradley v. Commonwealth (1973) 128 CLR 557. Burmah Oil Co. Ltd v. Lord Advocate [1965] AC 75.

Buron v. Denman (1848) 154 All ER 450.

Chow Hung Ching v. R (1948) 77 CLR 449. Commonwealth v. Tasmania (1983) 158 CLR 1.

Corfu Channel Case (United Kingdom v. Albania) [1949] ICJ Rep 3. Council of the Civil Service Unions v. Minister for the Civil Service [1985]

AC 374.

Curtis v. Minister of Defence [2002] 2 NZLR 744.

Hawkins v. Sturt [1992] 3 NZLR 602.

Horta v. Commonwealth (1994) 181 CLR 183.

Hosking & Hosking v. Simon Runting & Anor [2004] 1 NZLR 1.

Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd [2008] FCA 3. Minister for Immigration and Ethnic Affairs v. Teoh (1995) 183 CLR 273. Mitchell v. Licensing Control Commission [1963] NZLR 553.

New South Wales v. Commonwealth (1975) 135 CLR 337. Ngati Apa v. Attorney-General case [2003] 3 NZLR 643 (CA).

North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands) [1969] ICJ Reports 3.

Nuclear Test Cases (Australia and New Zealand v. France) [1973] ICJ Rep 320. Olbers v. Commonwealth (No. 4) (2004) 136 FCR 67.

Omunkete Fishing (Pty) Ltd v. Minister of Fisheries (unreported judgment, High Court Wellington, 1 July 2008, CIV 2008-485-1310.

Table of Cases xvii

Plaintiff S157/2000 v. Commonwealth of Australia (2003) 211 CLR 476. Polites v. Commonwealth (1945) 70 CLR 60.

R.v. Secretary of State ex parte Thring, Court of Appeal (Civil Division) (unreported, Pill, Clarke, Bennett LJJ, 20 July 2000).

Rainbow Warrior I (1987) 74 ILR 241.

Re Hourigan [1946] NZLR 1.

Re Tracey, ex parte Ryan 166 CLR 518. Rainbow Warrior II (1990) 82 ILR 500.

Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the Nuclear Tests

(New Zealand v. France) Case [1995] ICJ Rep 288. Ruddock v. Vadarlis (the ‘Tampa Case’) (2001) 110 FCR 491.

Sellers v. Maritime Safety Inspector [1999] 2 NZLR 44, 60 (CA). Shaw Savill & Albion Co. Ltd v. Commonwealth (1940) 66 CLR 344. Tavita v. Minister of Immigration [1994] 2 NZLR 257 (CA).

The MV Saiga (St Vincent and the Grenadines v. Guinea) (1998) 37 ILM 362.

The Tojo Maru [1972] AC 242.

Thorpe v. Commonwealth (1997) 144 ALR 677. Union Steamship v. King (1988) 166 CLR 1. XYZ v. Commonwealth [2006] HCA 25.

Notes on the Contributors

Sam Bateman retired from the Royal Australian Navy 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, and a Senior Fellow and 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, five years in Papua New Guinea and several postings in the force development and strategic policy areas of the Department of Defence in Canberra. He has written extensively on defence and maritime issues in Australia, the AsiaPacific and the Indian Ocean. In 2005 Dr Bateman co-authored a report Future Unknown: The Terrorist Threat to Australian Maritime Security for the Australian Strategic Policy Institute, and in 2006 co-authored the RSIS Policy Paper Safety and Security in the Malacca and Singapore Straits: An Agenda for Action.

Peter Cozens, a graduate of the Victoria University of Wellington and of the Royal Australian Naval Staff College, is Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington. With a maritime and naval background, he joined the Centre in 1995. He continues to nurture a fascination with Asia, in culture and civilization, history, economics, civil society, music and the arts and of course politics. Within the discipline of economic history, his research interests include maritime strategy, ocean policy, the United Nations Convention on the Law of the Sea plus Chinese and Indian maritime development.

Caroline E. Foster, Senior Lecturer at the University of Auckland, was a legal and policy adviser at the New Zealand Ministry of Foreign Affairs and Trade. At present she specializes in scientific disputes, and her book on the subject will be published in 2010. Dr Foster has a wider interest in a number of fields of international law, including the law of the sea and the law relating to Antarctica, trade, dispute resolution, human rights and international environmental law. She carries out occasional legal consultancy work for government and non-government interests in these fields. She also publishes regularly in national and international journals, including the Journal of Ocean Development and International Law, the International Journal of Marine and Coastal Law, the

Notes on the Contributors xix

European Journal of International Law, the Review of European Community and International Environmental Law, the Journal of International Economic Law, the Journal of World Trade and the Australian and New Zealand Yearbooks of International Law. At the University of Auckland she teaches public international law in the LLM programme and an elective course on the law of the sea and Antarctica in the undergraduate programme, as well as teaching in the undergraduate public law course.

Stuart Kaye holds a Chair in law at the University of Melbourne. Between 2002 and 2006 he was Dean of Law at the University of Wollongong. Professor Kaye has a research interest in the law of the sea and international law generally, and has published extensively in these areas. He has written a number of books, including Australia’s Maritime Boundaries (1995), The Torres Strait (1997) and International Fisheries Management (2000). He was appointed by Australia to the International Hydrographic Organization’s Panel of Experts on Maritime Boundary Delimitation in 1995 and in 2000 was appointed by Australia to the list of arbitrators under the 1991 Madrid Protocol to the Antarctic Treaty. He is a Fellow of the Royal Geographical Society and an officer in the Royal Australian Naval Reserve.

Natalie Klein, Associate Professor at Macquarie Law School, Macquarie University, teaches and researches in a variety of areas of international law. She has published on the law of the sea in the International and Comparative Law Quarterly, Melbourne Journal of International Law, NYU Journal of International Law and Politics, Georgetown International Environmental Law Review and the International Journal of Marine and Coastal Law, and is the author of Dispute Settlement in the UN Convention on the Law of the Sea (2005) as well as a forthcoming monograph, Maritime Security and the Law of the Sea. Prior to joining Macquarie, Dr Klein worked in the international litigation practice of a New York law firm, served as counsel to the government of Eritrea and was a consultant in the Office of Legal Affairs at the United Nations. Her doctorate is from Yale

Law School.

Cameron Moore is Lecturer in the School of Law, University of New England, Armidale NSW. His publications include ADF on the Beat: A Legal Analysis of Offshore Enforcement by the ADF (2004) and articles and chapters on the Australian Defence Force and maritime security. Between 1996 and 2003 he was a Royal Australian Navy legal officer. His legal experience included service at sea as well as advising on East Timor operations, ongoing fisheries and border protection operations and the Tampa incident. He was a member of the Australian delegation to meetings of the ASEAN Regional Forum on piracy during 2000 and 2001. Mr Moore is still an active navy reservist and works closely with Border Protection Command.

Joanna Mossop is Senior Lecturer in the Faculty of Law at the Victoria University of Wellington. Her research is in the law of the sea, Antarctica and international environmental law. She has published widely, including in Ocean

xx Notes on the Contributors

Development and International Law, the New Zealand Yearbook of International Law and the Victoria University of Wellington Law Review, and was co-editor with Peter Cozens of Capacity Building for Maritime Security Cooperation in the Asia-Pacific

(2005). She has been a member of a maritime security working group of the Council for Security Cooperation in Asia Pacific since 2004 and has presented on a range of maritime topics at conferences since 2003. She has an LLM from Columbia University.

Chris Rahman is Research Fellow at the Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong. His research interests centre around contemporary issues in maritime strategy and security, including US maritime strategy, Australian maritime security, Maritime Domain Awareness, Chinese maritime power and maritime security in the Asia-Pacific region and in Africa.

Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University. His research has a specific focus on the law of the sea, the law of the polar regions, the use of force and the implementation of international law within Australia, and is a regular media commentator on these and other international law issues. He has taught a range of courses, including law of the sea, international environmental law, international law and use of armed force, military operations law and public international law. Major publications among eleven books and over 100 chapters and articles include The Polar Regions and the Development of International Law (1996), International Environmental Law in the Asia Pacific (1998), co-authored with Ben Boer and Ross Ramsay and Towards Principled Oceans Governance: Australian and Canadian Experiences and Challenges (2006), co-edited with David VanderZwaag. He has acted as a consultant or been a member of expert groups for UNEP, UNDP, IUCN and the Australian government, and was a member of the Paris Panel of Independent Legal Experts on Special Permit ‘Scientific’ Whaling under International Law (2006) and chaired the report of the Sydney Panel of Independent International Legal Experts on Japan’s Special Permit (‘Scientific’) Whaling under International Law (2006) and also the Canberra Panel (2009) addressing the same issue.

Karen N. Scott is Senior Lecturer in law at the University of Canterbury in Christchurch, New Zealand, formerly a lecturer in law at the University of Nottingham in the UK. She has teaching and research interests in the Antarctic, the law of the sea and international environmental law. Ms Scott is co-editor of the New Zealand Yearbook of International Law and is on the editorial board of the Journal of Water Law. She has published widely in journals, such as the International and Comparative Law Quarterly, the Journal of Environmental Law, the Georgetown Journal of International and Environmental Law and the Yearbook of International Environmental Law.

Shirley V. Scott has developed an undergraduate teaching programme on the politics of international law at the University of New South Wales, where

Notes on the Contributors xxi

as Associate Professor she has jointly established a cross-faculty Master’s programme in international law and international relations. She has particular research interests in theorizing the relationship between international law and international relations as well as in the history and politics of the law of the sea. Dr Scott has published extensively in leading journals of both international law and international relations and is a member of the senior advisory board of the Journal of International Law and International Relations. She has been a member of the executive councils of both the Australian and the New Zealand Society of International Law and of the Asian Society of International Law. She is the author of International Law in World Politics (2004) and The Political Interpretation of Multilateral Treaties (2004) as well as editor of International Law and Politics: Key Documents (2006).