Australia and New Zealand in the Asia Pacific. Maritime Security Maritime security is of vital importance to Australia and New Zealand, as both countries depend on maritime transport for their economic survival. Since the events of 11 September 2001 serious questions have been raised as to whether Australia and New Zealand are adequately prepared for the con- sequences of a major disruption of global shipping following a terrorist attack on a leading regional port such as Hong Kong or Singapore. Considerable efforts have been undertaken to improve responses to an array of maritime security threats, such as transnational crime, environmental pollution and piracy and armed robbery. This volume identifies the issues that particularly affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspec- tives, and proposes methods for improving the maritime security of the two coun- tries. While the focus is primarily on Australia and New Zealand, the scope extends to regional considerations, addressing matters related to Pacific island states, South East Asia and the Antarctic and sub-Antarctic regions. The book also addresses strategic partnerships, examining the influence of the United States, and analyses issues within the broad framework of international law and politics. Maritime Security: International Law and Policy Perspectives from Australia and New Zealand will be of great interest to scholars of international law, international relations and maritime affairs, maritime industry professionals, private and government lawyers, as well as diplomats, consuls and government officials. Natalie Klein is an Associate Professor at Macquarie Law School, Macquarie University, Sydney, Australia. Joanna Mossop is a Senior Lecturer in the Faculty of Law at Victoria University of Wellington, Wellington, New Zealand. Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University, Canberra, Australia. Maritime Security International Law and Policy Perspectives from Australia and New Zealand Edited by Natalie Klein, Joanna Mossop and Donald R. Rothwell First published 2010 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 270 Madison Ave, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2009. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk. © 2010 Natalie Klein, Joanna Mossop and Donald R. Rothwell; the contributors, their chapters All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Maritime security : international law and policy perspectives from Australia and New Zealand / Edited by Natalie Klein, Joanna Mossop and Donald R. Rothwell. p. cm. Includes bibliographical references. 1. Maritime terrorism—Pacific Area. 2. Law of the Sea—Australia. 3. Shipping—Safety regulations—Australia. 4. Maritime terrorism— Australia—Prevention. 5. Law of the sea—New Zealand. 6. Shipping—Safety regulations—New Zealand. 7. Maritime terrorism—New Zealand—Prevention. 8. Security, International. I. Klein, Natalie (Natalie S.) II. Mossop, Joanna. III. Rothwell, Donald, 1959– KVC982.T47M37 2009 359′.030993—dc22 2009016447 ISBN 0-203-86747-5 Master e-book ISBN ISBN10: 0–415–48426–X (hbk) ISBN13: 978–0–415–48426–8 (hbk) ISBN10: 0–203–86747–5 (ebk) ISBN13: 978–0–203–86747–1 (ebk) Contents List of Illustrations vii Legislation, Treaties and other International Documents viii Table of Cases xvi Notes on the Contributors xviii Preface xxii 1 Australia, New Zealand and Maritime Security 1 NATALIE KLEIN, JOANNA MOSSOP AND DONALD R. ROTHWELL 2 Maritime Security and the Law of the Sea 22 DONALD R. ROTHWELL AND NATALIE KLEIN 3 Australia’s Traditional Maritime Security Concerns and Post-9/11 Perspectives 37 DONALD R. ROTHWELL AND CAMERON MOORE 4 Maritime Security in New Zealand 54 JOANNA MOSSOP 5 Whose Security is it and how much of it do we want? The US Influence on the International Law against Maritime Terrorism 76 SHIRLEY V. SCOTT 6 New Zealand and Australia’s Role in Improving Maritime Security in the Pacific Region 94 SAM BATEMAN AND JOANNA MOSSOP 7 Maritime Security and Shipping Safety in the Southern Ocean 117 KAREN N. SCOTT vi Contents 8 Counter-Terrorism and the Security of Shipping in South East Asia 138 CAROLINE E. FOSTER 9 Maritime Security and Oceans Policy 155 PETER COZENS 10 Act of State Doctrine in the Antipodes: The Intersection of National and International Law in Naval Constabulary Operations 172 CAMERON MOORE 11 The Protection of Platforms, Pipelines and Submarine Cables under Australian and New Zealand Law 186 STUART KAYE 12 Maritime Domain Awareness in Australia and New Zealand 202 CHRIS RAHMAN 13 Intelligence Gathering and Information Sharing for Maritime Security Purposes under International Law 224 NATALIE KLEIN 14 Maritime Security in the Twenty-First Century: Contemporary and Anticipated Challenges for Australia and New Zealand 242 DONALD R. ROTHWELL Selected Bibliography 261 Index 273 List of Illustrations Australia and New Zealand in the Asia Pacific inside front cover 1.1 Australia’s Maritime Zones 3 1.2 New Zealand’s Maritime Zones 4 1.3 Australia and New Zealand Search and Rescue Regions 12 6.1 South Pacific Maritime Zones 96 11.1 Area to be avoided, Schedule 2 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 195 Legislation, Treaties and other International Documents Legislation Acts Interpretation Act 1901 (Cth). Armed Forces Discipline Act 1971 (NZ). Australian Maritime Safety Authority Act 1990 (Cth). Charter of the United Nations Act 1945 (Cth). Coastal Waters (State Powers) Act 1980 (Cth). Coastal Waters (State Title) Act 1980 (Cth). Commonwealth of Australia Constitution Act 1900 (Cth). Constitution Act 1986 (NZ). Continental Shelf (Kupe Wellhead Platform Safety Zone) Regulations 2006 (NZ). Continental Shelf (Maui A Safety Zone) Regulations 1975 (NZ). Continental Shelf (Maui B Safety Zone) Regulations 1991 (NZ). Continental Shelf (Pohokura Platform B Safety Zone) Regulations 2006 (NZ). Continental Shelf (Umuroa Installation Safety Zone) Regulations 2008 (NZ). Continental Shelf Act 1964 (NZ). Continental Shelf Floating Production, Storage and Off-loading Installation Safety Zone Regulations 1996 (NZ). Crimes (Child Sex Tourism) Amendment Act 1994 (Cth). Crimes (Ships and Fixed Platforms) Act 1992 (Cth). Crimes Act 1914 (Cth). Crimes Act 1961 (NZ). Crimes at Sea Act 2000 (Cth). Criminal Code Act 1995 (Cth). Customs Act 1901 (Cth). Customs and Excise Act 1996 (NZ). Customs Regulations 1926 (Cth). Defence Act 1903 (Cth). Defence Act 1990 (NZ). Defence Force Discipline Act 1982 (Cth). Defence Legislation Amendment (Aid to Civil Authorities) Act 2006 (Cth). Dog Control Act 1996 (NZ). Environmental Protection and Biodiversity Conservation Act 1999 (Cth). Fisheries Act 1996 (NZ). Legislation, Treaties and other Documents ix Fisheries Management Act 1991 (Cth). Foreshore and Seabed Act 2004 (NZ). Geneva Conventions Act 1957 (Cth). Geneva Conventions Act 1958 (NZ). International Crimes and International Criminal Court Act 2000 (NZ). Land Transport Act 1998 (NZ). Maritime Crimes Act 1999 (NZ). Maritime Legislation Amendment Act 2007 (Cth). Maritime Security Act 2004 (NZ). Maritime Transport and Offshore Facilities Security Act 2003 (Cth). Maritime Transportation Security Act of 2002, Public Law 107–295, 25 November 2002. Migration Act 1958 (Cth). Navigation Act 1912 (Cth). New Zealand Nuclear Free Zone, Disarmament and Arms Control Act 1987 (NZ). Oceans Act SC 1996 c. 3.1 (Canada). Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth). Petroleum (Submerged Lands) Act 1967 (Cth). Resource Management (Foreshore and Seabed) Amendment Act 2004 (NZ). Sea Installations Act 1987 (Cth). Statute of Westminster Adoption Act 1947 (NZ). Submarine Cable (Northern Sydney Protection Zone) Declaration 2007 (Cth). Submarine Cable (Perth Protection Zone) Declaration 2007 (Cth). Submarine Cable (Southern Sydney Protection Zone) Declaration 2007 (Cth). Submarine Cables and Pipelines Protection Act 1969 (Cth). Submarine Cables and Pipelines Protection Act 1996 (NZ). Submarine Telegraph Act 1885 (Imp). Telecommunications Act 1997 (Cth). Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977 (NZ). Torres Strait Fisheries Act 1984 (Cth). Treaties Agreement among Pacific Island States concerning the Implementation and Administration of the Treaty on Fisheries between the Governments of certain Pacific Island States and the Government of the United States of America of 2 April 1987, 2 April 1987, [1988] ATS 43. Agreement between Australia and Indonesia on Security Cooperation, 13 November 2008, [2008] ATS 3. Agreement between Australia and the Republic of Indonesia on the Framework for Security Cooperation, 13 November 2006, [2008] ATS 3. Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa and Tonga concerning