International Instruments

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International Instruments International Instruments Additional Protocol II to the Geneva Agreement between the Government of Conventions of 1949, 3 the Cook Islands and the Government Agreement among Pacific Islands States of the Republic of Kiribati Concerning Concerning the Implementation and the Delimitation of Maritime Administration of the Treaty on Boundaries between the Republic of Fisheries between the Governments of Kiribati and the Cook Islands 2012, 60 Certain Pacific Islands States and the Agreement between the Government of Government of the United States of the French Republic and the America 1987, 70 Government of the Republic of Agreement between Kiribati and Tuvalu Kiribati Concerning the Delimitation Concerning their Maritime Boundary of the Maritime Boundary Line 2012, 60 between the Exclusive Economic Zone around French Polynesia and the Agreement between the French Republic Exclusive Economic Zone of the and Tuvalu Concerning a Provisional Republic of Kiribati 2002, 61 Maritime Delimitation between the Two Countries 1985, 62 Agreement between the Government of the Republic of France and the Agreement Between the Government of Government of Fiji relating to the Australia and New Zealand on Trans- Delimitation Of Their Economic Zone Tasman Court Proceedings and 1983, 61 Regulatory Enforcement 2010, 423 Agreement between the Government of Agreement between the Government of the Republic of France and the Australia and the Government of Government of Fiji Relating to the Samoa for the Allocation of Taxing Delimitation of their Economic Zone Rights with respect to Certain Income 1983, 61 of Individuals and to Establish a Mutual Agreement Procedure in Agreement between the Government of respect of Transfer Pricing the Republic of Indonesia and the Adjustments (not yet in force), 206 Government of Papua New Guinea Concerning the Maritime Boundary Agreement between the Government of between the Republic of Indonesia and New Zealand and the Government of Papua New Guinea and Cooperation the Cook Islands concerning the on Related Matters 1980, 61 Delimitation of the Maritime Boundaries between Tokelau and the Agreement between the Government of Cook Islands 2010, 60 the Republic of Kiribati and the Government of New Zealand Agreement between the Government of Concerning the Delimitation of Solomon Islands and the Government Maritime Boundaries between of Australia Establishing Certain Sea Tokelau and Kiribati 2012, 60 and Sea-bed Boundaries 1988, 60, 63 Agreement between the Republic of Agreement between the Government of Kiribati and the Republic of Nauru the Cook Islands and the Government Concerning Maritime Boundaries of Niue Concerning the Delimitation 2012, 60 of Maritime Boundaries between the Cook Islands and Niue 2012, 60 491 492 Australian Year Book of International Law Vol 31 Agreement between the Republic of Agreement relating to the Kiribati and the Republic of the Implementation of Part XI of the Marshall Islands Concerning Maritime United Nations Convention on the Boundaries 2012, 60 Law of the Sea of 10 December 1982, Agreement between the Republic of 174 Kiribati, the Republic of the Marshall Agreement to Promote Compliance with Islands and the Republic of Nauru International Conservation and Concerning the Determination of the Management Measures by Vessels Tri-Junction Point between the Three Fishing on the High Seas 1992, 16 Countries 2012, 62 Agreement with the Republic of Austria Agreement between the Republic of the on Social Security, 218 Marshall Islands and the Republic of ASEAN-ANZ Free Trade Agreement Nauru Concerning Maritime 2010, 97, 98, 101, 105 Boundaries 2012, 60 Australia – European Community Agreement between the Solomon Islands Agreement on Trade in Wine, 188 and the French Republic Concerning the Delimitation of the Maritime Australia and New Zealand Closer Boundary between the Solomon Economic Relations Trade Agreement Islands and New Caledonia 1990, 60 1983, 423 Agreement for the Implementation of the Australia-Chile Free Trade Agreement Provisions of the United Nations 2009, 92, 100 Convention on the Law of the Sea Australia-India Bilateral Investment 1982, 16 Treaty 2000, 110 Agreement on Cooperative Enforcement Australia-US Free Trade Agreement of Fisheries Laws between the 2005, 77, 92, 101 Government of Australia and the Charter for the International Trade Government of the French Republic in Organisation (ITO) 98 the Maritime Areas Adjacent to the Conservation and Management of French Southern and Antarctic Straddling Fish Stocks and Highly Territories, Heard Island and Migratory Fish Stocks (the Fish McDonald Islands 2007, 35 Stocks Agreement) 1995, 16 Agreement on Maritime Delimitation Convention between the Government of between the Government of the Cook Australia and the Government of the Islands and the Government of the Republic of Turkey for the Avoidance French Republic 1990, 60 of Double Taxation with respect to Agreement on Port State Measures to Taxes on Income and the Prevention Prevent, Deter and Eliminate Illegal, of Fiscal Evasion and its Protocol, 206 Unreported and Unregulated Fishing Convention between the Government of (the Port State Measures Agreement) the French Republic and the 2009 (not in force), 17 Government of the Kingdom of Tonga Agreement on Strengthening on the Delimitation of Economic Implementation of the Niue Treaty on Zones 1980, 62 Cooperation in Fisheries Surveillance Convention for the Conservation and and Law Enforcement in the South Management of Highly Migratory Pacific Region 2012, 11, 19, 70 Fish Stocks in the Central and Agreement on Subsidies and Western Pacific Ocean (WCPFC Countervailing Measures and the Convention) 2000, 14 WTO Agreement on Agriculture, 201 Convention of the Rights of the Child 1989, 3 .
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  • Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region
    NIUE TREATY ON COOPERATION IN FISHERIES SURVEILLANCE AND LAW ENFORCEMENT IN THE SOUTH PACIFIC REGION THE PARTIES TO THIS TREATY: GIVEN that in accordance with international law as expressed in the United Nations Convention on the Law of the Sea, coastal States have sovereign rights for the purposes of exploring and exploiting, conserving and managing the fisheries resources of their exclusive economic zones and fisheries zones; TAKING INTO ACCOUNT Article 73 of the United Nations Convention on the Law of the Sea; NOTING that the Parties to the South Pacific Forum Fisheries Agency Convention, 1979 have agreed under Article 5 of that Convention that the Forum Fisheries Committee shall promote intra- regional coordination and cooperation in fisheries surveillance and law enforcement; CONSIDERING the vast areas of ocean covered by the exclusive economic zones and fisheries zones of coastal States in the South Pacific region and the vital economic significance of such zones to the economic development of South Pacific coastal States; WISHING THEREFORE to enhance their ability to enforce effectively their fisheries laws, and deter breaches of such laws; HAVE AGREED AS FOLLOWS: ARTICLE I - DEFINITIONS In this Treaty: (a) 'fishing' means: (i) searching for, catching, taking or harvesting fish; (ii) attempting to search for, catch, take or harvest fish; (iii) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish; (iv) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; (v) any operations at sea directly in support of, or in preparation for any activity described in this paragraph; (vi) use of any craft, air or sea borne, for any activity described in this paragraph except for emergencies involving the health and safety of the crew or the safety of a vessel; (vii) the processing, carrying or transhipping of fish that have been taken.
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  • Niue Treaty Subsidiary Agreement
    AGREEMENT ON STRENGTHENING IMPLEMENTATION OF THE NIUE TREATY ON COOPERATION IN FISHERIES SURVEILLANCE AND LAW ENFORCEMENT IN THE SOUTH PACIFIC REGION THE PARTIES TO THIS AGREEMENT: RESPONDING to the call by the Pacific Islands Forum Leaders to strengthen mechanisms to protect fisheries resources, particularly in recognition of their importance to the social and economic development of the region; GIVING EFFECT to the direction by fisheries and law enforcement Ministers in July 2010 to develop a multilateral agreement that will strengthen fisheries management and provide a robust legal framework for more integrated, cost-effective and efficient maritime surveillance in the region; DETERMINED to strengthen and extend the framework for monitoring, control and surveillance in the Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region 1992, and existing subsidiary agreements and arrangements; FURTHER DETERMINED to actively cooperate to enhance the reach and effectiveness of their monitoring, control and surveillance resources in enforcing their fisheries laws; SEEKING to continuously develop and use current and emerging tools and technologies to combat illegal, unreported and unregulated fishing, including through the progressive development and implementation of national and international laws; RECOGNISING that fisheries information is fundamental to surveillance and enforcement and seeking to share such information for fisheries and broader law enforcement purposes; FURTHER RECOGNISING the special
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  • 'Strength Through Cooperation': a 21St Century Treaty for Multilateral Maritime Enforcement in the Pacific
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  • Remember We Are Not Managing the Ocean, but the Behavior of the People Who Use the Ocean! Presentationpresentation Outlineoutline
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  • Balancing the Scales: the Experience of the Parties to the Nauru Agreement Josie Malamahetoa Mata Molesi Tamate University of Wollongong
    University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2013 Balancing the scales: the experience of the Parties to the Nauru Agreement Josie Malamahetoa Mata Molesi Tamate University of Wollongong Recommended Citation Tamate, Josie Malamahetoa Mata Molesi, Balancing the scales: the experience of the Parties to the Nauru Agreement, Doctor of Philosophy thesis, Australian National Centre for Ocean Resources and Security, University of Wollongong, 2013. http://ro.uow.edu.au/theses/4078 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] BALANCING THE SCALES: THE EXPERIENCE OF THE PARTIES TO THE NAURU AGREEMENT This thesis is presented as part of the requirements for the award of the degree DOCTOR OF PHILOSOPHY from the University of Wollongong by JOSIE MALAMAHETOA MATA MOLESI TAMATE, BCom (Griffith University), G.Dip EcDev (Australian National University), MEcDev (Australian National University) Australian National Centre for Ocean Resources and Security December 2013 CERTIFICATION I, Josie Malamahetoa Mata Molesi Tamate, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Australian National Centre for Ocean Resources and Security, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualification at any other academic institution. Josie Malamahetoa Mata Molesi Tamate December 2013 i ABSTRACT This thesis discusses the experience of a group of eight Pacific Island coastal States in exercising their sovereign rights for the EEZ to take control of the tuna fishery and reduce dominance of the distant water fishing fleets.
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  • Chapter 2: Agreement on Strengthening Implementation Of
    2 Agreement on Strengthening Implementation of the Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region Introduction 2.1 This chapter examines the proposed Agreement on Strengthening Implementation of the Niue Treaty on cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region which was tabled in the Parliament on 1 December 2015. 2.2 The Agreement is a subsidiary Agreement beneath the Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific (Niue Treaty) to which Australia is a Party. The National Interest Analysis (NIA) states that the Agreement is intended to strengthen the operation of the Niue Treaty. The Agreement does not replace or affect the obligations in the Niue Treaty.1 1 National Interest Analysis [2015] ATNIA 20 with attachment on consultation, Agreement on Strengthening Implementation of the Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region done at Honiara on 2 November 2012 [2014] ATNIF 25 (hereafter referred to as NIA), para 3. 6 REPORT 161: TREATIES TABLED ON 1 DECEMBER 2015, 3 DECEMBER 2015 AND 2 FEBRUARY 2016 Background 2.3 The Niue Treaty and the new subsidiary Agreement are administered by the Pacific Islands Forum Fisheries Agency (FFA) based in Honiara in the Solomon Islands. The FFA was established in 1979 by the South Pacific Forum Fisheries Agency Convention and has 17 members.2 Its aim is to help countries sustainably manage their tuna resources now and into the future.3 The Committee asked for clarification on the FFA’s management and decision-making processes.
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  • Oceanic Fisheries Management(OFM)-Niue Needs
    GEF SAP II PROJECT: NATIONAL PROJECT PREPARATION REPORTS NIUE Foreword This brief report was prepared by Les Clark and Colin Brown during a visit to Niue from 14 to 18 June 2004. It aims to assemble information relating to Niue necessary for the preparation of the GEF SAP II Project. The main aims of the report are: • To make an assessment of the implications of the WCPF Convention for Niue • To identify possible interventions to support implementation by Niue of the WCPF Convention • To make an analysis of the incremental costs to Niue of activities related to the Convention • To undertake an analysis of stakeholders in Niue with interests in the regional oceanic fisheries resources • To identify relevant consultative mechanisms in Niue for the GEF SAP II Project • To collect information relating to available indicators of performance in areas related to the WCPF Convention and to the financial sustainability of Niue’s participation in the Commission and implementation of the WCPF Convention The report is based on available published information and information provided in the consultations with stakeholders listed in Annex 3. 1. Background 1.1 Status of Oceanic Fisheries The Niue EEZ measures 390,00sq.km. and is bordered by Cook Islands to the east, Tonga to the west, American Samoa to the north, and high seas areas to the south. There are three components to the oceanic fisheries of Niue: a) small scale fishing for subsistence and small scale commercial purposes conducted by local vessels; currently estimated at around 120 traditional one-man outrigger canoes and a small motorised dinghy fleet of 50 active boats.
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  • Rmi Treaty List Regional Agreements
    MINISTRY OF FOREIGN AFFAIRS 1 MAJURO, REPUBLIC OF THE MARSHALL ISLANDS RMI TREATY LIST Name of Treaty Done at Date Status REGIONAL AGREEMENTS Nauru Agreement Concerning Cooperation on the Management of Fisheries of Nauru 2/11/82 2/11/82 Signed Common Interest (PNA) South Pacific Regional Trade & Economic Cooperation Tarawa 7/14/80 4/28/89 Ratified South Pacific Forum Fisheries Agency Convention (FFA) Honiara 7/10/79 3/27/87 Accession Treaty on Fisheries between the Government of Certain Pacific Island States Port Moresby 04/02/87 4/2/87 Signed and the Government of the United States of America (US Treaty) 3/12/87 Ratified Kiribati 3/24/02 2/28/03 Ratified US Treaty related Amendments - US Amendments (2002) Rarotonga, 09/26/03 11/25/05 Ratified US Treaty related Amendments - Consequential Amendment (2003) Nuku’alofa, 3/23/05 11/25/05 Ratified US Treaty related Amendments - Niue Amendment (2005) Convention for the protection of natural resources & environment in the South Noumea 11/25/86 11/25/86 Signed Pacific (Noumea Convention) 5/4/87 Ratified Protocol for the prevention of pollution in the South Pacific Region by Noumea 11/25/86 11/25/86 Signed dumping (Protocol on Dumping) 5/4/87 Ratified Protocol concerning co-operation in combating pollution emergencies in the Noumea 11/25/86 11/25/86 Signed South Pacific Region (Protocol on Pollution Emergencies) 5/4/87 Ratified Protocol on Oil Pollution Preparedness, Response and Cooperation in the Noumea, 9/10/06 11/9/06 Signed Pacific Region (Oil Pollution Protocol) Protocol on Hazardous and
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  • Enforcement Cooperation in Combating Illegal and Unauthorized Fishing: an Assessment of Contemporary Practice
    Enforcement Cooperation in Combating Illegal and Unauthorized Fishing: An Assessment of Contemporary Practice Stuart Kaye* INTRODUCTION ................................................................................................. 316 I. TYPES OF COOPERATION................................................................................ 317 A. Data Exchange and Observers ........................................................ 318 B. Boarding and Referral to Flag State ............................................... 321 C. Boarding and Arrest By a Third State ............................................. 322 1. Case Study: Ad Hoc Cooperation—South Tasman Rise Disputes ........................................................................................ 323 2. Case Study: Enforcement Cooperation—Niue Treaty .............. 325 3. Case Study: Enforcement Cooperation—Australia-France Southern Ocean Agreements ........................................................ 327 CONCLUSION .................................................................................................... 329 INTRODUCTION The emergence of the exclusive economic zone (EEZ) in the 1970s placed potentially vast areas of the sea under national jurisdiction. Moving from relatively modest territorial seas close to the coast as the only basis of fisheries jurisdiction for States, the international community suddenly embraced a new form of jurisdiction over resources that extended fisheries up to 200 nautical miles from land. This extension brought over one third of
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  • Admission of New Members and Associate Members
    (^Ш/ World Health Organization ^^^^ Organisation mondiale de la Santé FORTY-SEVENTH WORLD HEALTH ASSEMBLY Provisional agenda item 11 A47/INF.DOC./1 11 April 1994 Admission of new Members and Associate Members The Director-General has the honour to bring to the attention of the Health Assembly a background paper submitted in support of the application by Niue for membership of the World Health Organization (see document A47/35). A47/INF.DOC./1 ANNEX APPENDIX I CONSTITUTIONAL AND INTERNATIONAL STATUS OF NIUE (November 1993) 1. Niue is a self-governing state in free association with New Zealand. It is a large uplifted coral atoll with an area of some 260 squares kilometres situated in the South Pacific 550 kilometres west of the Cook Islands. Its administrative centre is Alofi. Niue's culture and language are related to, but distinct from, those found elsewhere in Polynesia. It's population in 1993 stood at 2200 having fallen from nearly 5000 in 1971. Many Niueans migrated to New Zealand both before and after the attainment of self-government in 1974• 2 • The people of Niue freely chose the status of self- government in association with New Zealand in preference to that of full independence or of political integration with New Zealand. The General Assembly of the United Nations recognised Niue's act of self-determination in Resolution 3285 (XXXIX) on 13 December 1974• Earlier that year, the New Zealand Associate Minister of Foreign Affairs, the Hon Joe Walding, informed the General Assen±>ly that; "On 19 October New Zealand and Niue will end their relationship of administering Power and Non-self-Governing Territory: we will enter a new period of partnership on a basis of equality.
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  • Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region’ (Niue Treaty)
    NIUE TREATY SUBSIDIARY AGREEMENT DEVELOPMENT WORKSHOP 16 – 17 October 2004 Mercure Hotel, Brisbane, Australia FFA Report 04/16 NIUE TREATY SUBSIDIARY AGREEMENT DEVELOPMENT WORKSHOP 16 – 17 October 2004 Mercure Hotel, Brisbane, Australia Introduction 1. This paper contains an historical background to the development of the Niue Treaty, an overview of its current status of implementation and a description of the role of subsidiary agreements in its implementation. A copy of the text of the Niue Treaty itself is appended at Attachment A, a pro-forma subsidiary agreement to implement the Niue Treaty is appended at Attachment B and notes for guidance in preparing a subsidiary agreement are appended at Attachment C. Development of the Niue Treaty 2. The 4th ICOD/FFA Regional Fisheries Surveillance Meeting at Rarotonga, Cook Islands in October 1988 recommended that consideration be given to developing an agreement on reciprocal enforcement. Subsequently, the 21st South Pacific Forum meeting at Tarawa, Kiribati in 1989 reviewed the urgent need for closer co-operation among all Forum members in order to protect and preserve their fisheries and directed the FFA to investigate, promote and implement the design and development of an integrated programme of regional fisheries surveillance. 3. A framework for Convention on Reciprocal/Joint Surveillance and Enforcement was drawn up by the 5th Regional Fisheries Surveillance Meeting held at Honiara, Solomon Islands in 1989. This framework was referred to the 18th meeting of the Forum Fisheries Committee (FFC18) held at Nauru in 1990. A draft Convention was then circulated later in October 1990 at a Forum Fisheries Sub-Committee Meeting held at Noumea, New Caledonia.
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