Australian and New Zealand Maritime Law Journal

1999: Conference Proceedings
Articles

The Role of Defence Forces in Policing the Offshore Zones of Australia and New Zealand

PDF
  • Commander Robin Warner, RAN

Published 1999-09-25

Keywords

  • Royal Australian Navy,
  • fisheries,
  • Australian fishing zone,
  • illegal fishing,
  • exclusive economic zone,
  • defence forces,
  • Australian Defence Force,
  • Australian Constitution,
  • Fisheries Management Act 1991 (Cth),
  • hot pursuit,
  • offshore law enforcement,
  • coastal surveillance,
  • New Zealand Defence Force,
  • UNCLOS 1982,
  • Fisheries Act 1996 (NZ),
  • Customs Act 1901 (Cth),
  • public international law,
  • treaty obligations,
  • constructive presence,
  • ship arrest,
  • high seas,
  • use of force,
  • Agreement for the Implementation of the Provisions of the 1982 United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNIA Agreement),
  • conservation
    • ...More
    Less

Abstract

Warner presents this paper as part of Business Session 4. In it, she discusses the constitutional and legislative basis for the involvement of the Australian Defence Force and the New Zealand Defence Force in offshore law enforcement, and those aspects of Defence strategic policy which determine the level of their involvement. Further, she addresses some of the jurisdictional dilemmas and practical difficulties which have arisen in the Australian context from the disconnect between international and domestic law provisions on offshore law enforcement.

PDF