korean journal of international and comparative law 6 (2018) 219–244 brill.com/kjic Australia’s Endeavours in Maritime Enforcement Securing Vast and Vital Oceans James Wraith Researcher, Global Challenges Program – Sustaining Coastal and Marine Zones, University of Wollongong, New South Wales, Australia [email protected] Clive Schofield Head of Research, Global Ocean Institute, World Maritime University (wmu), Sweden; Visiting Professor, Australian National Centre for Ocean Resources and Security (ancors), University of Wollongong, Australia; Co-Editor-in-Chief, Asia-Pacific Journal of Ocean Law and Policy (apjolp) [email protected] Abstract Australia is deeply connected to the ocean. A uniquely large island nation with a long coastline and few close neighbours, Australia benefits from an immense mari- time domain, the third largest in the world. However, with relatively few maritime enforcement resources and an extreme dependence on sea bourne trade, maritime enforcement Australia faces an extremely difficult task in monitoring and ensuring compliance with national laws throughout its maritime jurisdiction. We highlight current threats to Australia’s marine environment including protection of natural resources, piracy, terrorism and illegal arrivals, and examine Australia’s capabilities, legislation and approach to combating these risks. Essential to Australia’s strategy is collaboration across domestic civil and defence agencies, use of innovative approaches and technologies, and regional and international partnerships through creative agree- ments and treaties. Keywords maritime enforcement – Law of the Sea – Australia – fisheries – jurisdiction – domain – border protection © koninklijke brill nv, leiden, 2018 | doi:10.1163/22134484-12340113Downloaded from Brill.com09/27/2021 06:25:30AM via free access 220 Wraith and Schofield 1 Introduction As the Australian national anthem highlights, the country is “girt by sea” and is a profoundly oceanic nation, culturally and economically dependent on the marine environment. As a geographically large island State with a long coast- line and few proximate neighbours, Australia boasts a vast maritime domain including one of the largest exclusive economic zones (eezs) in the world.1 The advantage and opportunity provided by this immense marine jurisdiction is access to numerous resources derived from the ocean bed and the water col- umn, and the benefits stemming from increasingly diverse marine activities. Additionally, the Australian economy is fundamentally reliant on seaborne trade. Accordingly, Australia has a substantial and growing blue economy that contributes billions of dollars to the national economy. Safeguarding maritime Australia, its precious and vulnerable marine envi- ronment, and thus the opportunities and the benefits gained from Australia’s immense maritime spaces are not without cost. The marine environment and the resources within Australia’s maritime jurisdiction are subject to criminal activity with national and international implications, which the State must protect and counter. This is no mean feat given the great scope of Australia’s maritime jurisdiction and for a country with a relatively small population of less than 25 million people. In light of these challenges, Australia’s approach to maritime security and particularly to providing for maritime surveillance and enforcement throughout its extensive maritime jurisdiction has required the development of innovative approaches, strategically, operationally, institution- ally and legally. This chapter outlines the extent and importance of maritime Australia and details its evolving approach to maritime security including the acquisition of advanced capabilities. Key maritime security threats are described and how these have been addressed are detailed. 2 Maritime Australia At nearly 60,000 kilometres in length, Australia has the third longest coastline in the world.2 This coastline provides the baselines from which Australia, in 1 Australia has the third largest Exclusive Economic Zone (eez) in the world after the U.S. and France. 2 Total estimated coastline length: 59,736km (35,877 km mainland, 23,859 km islands). Source: Geoscience Australia, available at http://www.ga.gov.au/scientific-topics/national -location-information/dimensions/border-lengths. korean journal of international and comparativeDownloaded law from6 (2018) Brill.com09/27/2021 219–244 06:25:30AM via free access Australia’s Endeavours in Maritime Enforcement 221 keeping with the United Nations Convention on the Law of the Sea (losc),3 claims the full suite of zones of maritime jurisdiction.4 As a result, Australia possesses a maritime domain that is substantially larger in area than its con- tinental landmass (see Figure 1).5 Australia, therefore, possesses and benefits from a vast geographical domain including a large mainland and a number of remote offshore territories6 that span tropical to polar climatic zones, border- ing onto the Pacific, Southern and Indian Oceans as well as the Timor, Tasman and Coral Seas. Over 85 per cent of the population live within 50 kilometres of the coast as the people of Australia look to the ocean for food security, environmental ben- efits, cultural, amenity and recreation and a strong and growing blue economy. In 2013–14, the ocean contributed over $50 billion to Australia’s economy7; and it is anticipated that this number will climb upward of $100 billion per annum by 2025.8 Marine industries in Australia create approximately 400,000 full time jobs in areas such as shipping and trade, ship manufacturing and renewable energy.9 In particular, Australia benefits greatly and is fundamentally depen- dent on shipping. Indeed, Australia ranks as the fifth largest nation when com- paring the weight of and distance travelled by its cargo.10 Australian goods and 3 United Nations Convention on the Law of the Sea (losc), opened for signature 10 Decem- ber 1982, 1833 United Nations Treaty Series (unts) 3, entered into force 16 November 1994. 4 Australia proclaimed a 200 nm Australian Fishing Zone (afz) in November 1979 Pursu- ant to Fisheries Act 1952 (Cth), s 4 as amended by Fisheries Amendment Act 1978 (Cth) s 3 since replaced by Fisheries Management Act 1991 (Cth); Australia ratified losc on 5 October 1994 and claims a 12 nm territorial sea (restricted to 3 nm around certain islands in the Torres Strait), a 24 nm contiguous zone, a 200 nm eez, and a continental shelf beyond 200 nm, available at http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/ STATEFILES/AUS.htm). 5 Australia’s maximum potential maritime jurisdiction including its external territories (excluding the Australian Antarctic Territory) has been calculated to be 11.39 million km2 (inclusive of 2.56 million km2 of extended continental shelf seaward of the 200 nautical mile eez limit) as compared to a total land area of Australia and its external territories of 7.69 million km2. See, P. Symonds, M. Alcock and C. French, Setting Australia’s Limits, 93 Ausgeo News (2009). 6 Australia’s offshore territories include the Ashmore and Cartier Islands, Australian Antarctic Territory, Christmas Island, Cocos Islands, Coral Sea Islands, Heard and McDonald Islands and Norfolk Island. 7 Australian Institute of Marine Science, The AIMS Index of Marine Industry (2016), at 8. 8 Oceans Policy Science Advisory Group, Marine Nation 2025: Marine Science to Support Australia’s Blue Economy (2013), at 5. 9 Australian Institute of Marine Science, The AIMS Index of Marine Industry (2016), at 18. 10 Australian Border Protection Command, The Guide to Australian Maritime Security Arrangements (2013), at 3. korean journal of international and comparativeDownloaded law from6 (2018) Brill.com09/27/2021 219–244 06:25:30AM via free access 222 Wraith and Schofield figure 1 Australia’s maritime jurisdiction passengers are carried by Australian and foreign vessels within and beyond Aus- tralian waters as 99 per cent of Australian trade (by weight) is shipped by sea.11 Australia faces considerable challenges in terms of providing for adequate maritime surveillance and enforcement with respect to securing its maritime interests both within and beyond areas of national jurisdiction. The benefits gained from maritime and associated industries, especially through seaborne trade, are only possible through safe navigation in national and international waters. Consequently, Australia’s security interests extend well beyond its immediate maritime jurisdiction. However, with a population that ranks 53rd in the world,12 marine management requirements, including maritime secu- rity, are supported by relatively limited human resources. Indeed, achieving a 11 S. Bateman, and A. Bergin, Sea Change: Advancing Australia’s Ocean Interests (Australian Strategic Policy Institute, 2009), at 35. 12 See, Countries in the world by population (2018), available at http://www.worldometers .info/world-population/population-by-country/. korean journal of international and comparativeDownloaded law from6 (2018) Brill.com09/27/2021 219–244 06:25:30AM via free access Australia’s Endeavours in Maritime Enforcement 223 secure and stable maritime environment both within and beyond Australian maritime jurisdiction represents a significant task. 3 Australia’s Strategic Geography Over the past few decades, the increasing wealth and power of East Asian States has altered Australia’s strategic geography and increased the breadth of its proclaimed maritime security interests.13 During a time of growing prosper- ity and influence