THE ANCHOR - University of Wollongongweb/@law/@ancors/... · P A G E 2 “The proceedings have...

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the UNCLOS, the arbitral tribunal declared. Strictly speaking, the award is only binding upon the Philippines and China. However, the landmark verdict will have significant, lasting and far- reaching implications affecting the legal rights of all the claimant states and will strongly impact the management and resolution of the conflicting claims in the SCS. The award is not the end of the road, but perhaps just the begin- ning of rough paths ahead. (continued next page) On 12 July, in a celebrated legal battle many have characterised as the epic clash between David and Goliath, the Philippines over- whelmingly emerged the victor. It was the exemplary illustration that small, weak states can confidently challenge powerful nations, standing on equal footing with them and bolstered only by the enduring principle that law and right will always triumph and prevail over brute power and might. The Hague-based Permanent Court of Arbitration Arbitral Tribunal, after more than three years of bated anticipation since the case was filed, handed down its historic decision on the decades-old maritime dispute over the South China Sea (SCS), which Manila proudly calls the West Philippine Sea. The 500-page final award meticulously and thoroughly weighed the case brought by the Philippines and rigorously and strictly applied the rules of international law, principally the United Nations Convention on the Law Sea. The unanimous verdict is clear: China’s so-called indisputable claim over the SCS anchored on Beijing’s controversial nine-dash line claim has no basis in international law and was incompatible with As the year draws to a close, it is remarkable the number of firsts that the past three months have brought. These have come together to bring to a close a highly successful year. In September and October, ANCORS hosted the first group of Australian Awards Fellowship recipients, fisheries officers from the Caribbean, with a four week course, incorporating visits to Sydney and Canberra. October also saw the first Advisory Board and Fellows' workshop in Canberra, which will help provide direction for ANCORS in the coming year. In November, ANCORS combined with IBRU at the University of Durham to host a successful workshop on islands and maritime boundary delimitation at UOWD's campus in Dubai. ANCORS also combined with the Australian Civil Military Centre to facilitate a maritime security workshop co-hosted by Australia and Indonesia under the auspices of the East Asia Summit. We also had the opportunity to celebrate the recognition of Martin Tsamenyi AM as an Emeritus Professor of the University. Finally, at the end of November, there was an opportunity to attend a United Nations/Nippon Foundation fellowship meeting in Bali for Clive Schofield and myself. The meeting was well attended and so we had a photo opportunity with some 14 ANCORS alumni and current students from around the Asia- Pacific. It has been a great year, with 2016 looking even better. All the best for the holidays! To rule over the waves INSIDE THIS ISSUE: To rule over the waves 1 At PrepCom II Fishing’s worth to Australian towns AAF Fellows 3 At CITES CoP17 SCS arbitration conference CSEAS symposium 4 Ocean issues workshop East West Centre Marine economy symposium 5 Fisheries awareness week in Kiribati A busy year in research GC funding success 6 A busy time for ANCORS visitors Recent publications 7 UN Nippon Fellow experiences 8 Congratulation to our Masters graduates 9 Announcements and celebrations 10 Message from the Director THE ANCHOR OCT —DEC 2016 ISSUE 11 A quarterly newsletter

Transcript of THE ANCHOR - University of Wollongongweb/@law/@ancors/... · P A G E 2 “The proceedings have...

the UNCLOS, the arbitral

tribunal declared.

Strictly speaking, the award is

only binding upon the

Philippines and China. However,

the landmark verdict will have

significant, lasting and far-

reaching implications affecting

the legal rights of all the

claimant states and will strongly

impact the management and

resolution of the conflicting

claims in the SCS.

The award is not the end of the

road, but perhaps just the begin-

ning of rough paths ahead.

(continued next page)

On 12 July, in a celebrated legal

battle many have characterised as

the epic clash between David and

Goliath, the Philippines over-

whelmingly emerged the victor.

It was the exemplary illustration

that small, weak states can

confidently challenge powerful

nations, standing on equal

footing with them and bolstered

only by the enduring principle that

law and right will always triumph

and prevail over brute power and

might.

The Hague-based Permanent

Court of Arbitration Arbitral

Tribunal, after more than three

years of bated anticipation since

the case was filed, handed down

its historic decision on the

decades-old maritime dispute

over the South China Sea (SCS),

which Manila proudly calls the

West Philippine Sea.

The 500-page final award

meticulously and thoroughly

weighed the case brought by the

Philippines and rigorously and

strictly applied the rules of

international law, principally the

United Nations Convention on

the Law Sea.

The unanimous verdict is clear:

China’s so-called indisputable

claim over the SCS anchored on

Beijing’s controversial nine-dash

line claim has no basis in

international law and was

incompatible with

As the year draws to a close, it

is remarkable the number of

firsts that the past three months

have brought. These have come

together to bring to a close a

highly successful year.

In September and October,

ANCORS hosted the first group

of Australian Awards Fellowship

recipients, fisheries officers

from the Caribbean, with a four

week course, incorporating

visits to Sydney and Canberra.

October also saw the first

Advisory Board and Fellows'

workshop in Canberra, which

will help provide direction for

ANCORS in the coming year.

In November, ANCORS

combined with IBRU at the

University of Durham to host a

successful workshop on islands

and maritime boundary

delimitation at UOWD's

campus in Dubai. ANCORS also

combined with the Australian

Civil Military Centre to facilitate

a maritime security workshop

co-hosted by Australia and

Indonesia under the auspices of

the East Asia Summit.

We also had the opportunity to

celebrate the recognition of

Martin Tsamenyi AM as an

Emeritus Professor of the

University.

Finally, at the end of November,

there was an opportunity to

attend a United Nations/Nippon

Foundation fellowship meeting

in Bali for Clive Schofield and

myself. The meeting was well

attended and so we had a photo

opportunity with some 14

ANCORS alumni and current

students from around the Asia-

Pacific. It has been a great year,

with 2016 looking even better.

All the best for the holidays!

To rule over the waves

I N S I D E T H I S

I S S U E :

To rule over the

waves

1

At PrepCom II

Fishing’s worth to

Australian towns

AAF Fellows

3

At CITES CoP17

SCS arbitration

conference

CSEAS

symposium

4

Ocean issues

workshop

East West Centre

Marine economy

symposium

5

Fisheries

awareness week in

Kiribati

A busy year in

research

GC funding success

6

A busy time for

ANCORS visitors

Recent

publications

7

UN Nippon

Fellow

experiences

8

Congratulation to

our Masters

graduates

9

Announcements

and celebrations

10

Message from the Director

THE ANCHOR

O C T — D E C 2 0 1 6 I S S U E 1 1

A quarterly newsletter

P A G E 2

“The proceedings

have altered the

terrain of strategies

available to claimant

states that have

always eschewed

legal options.”

To rule over the waves (continued) The trial of the century

On 22 January 2013, the

Philippines instituted arbitral

proceedings against China

under Annex VII of UNCLOS

in respect of their maritime

jurisdictional dispute in the

SCS. The arbitration is the

first international litigation

initiated by a claimant state in

the SCS.

The game-changing

proceedings have altered the

terrain of strategies available

to claimant states that have

always eschewed legal op-

tions. The decision to go to

trial was one that many

considered reckless, legally

indefensible, and doomed to

fail.

Beijing never concealed its

displeasure, strongly arguing

against the jurisdiction of the

tribunal, which was rejected

in the award on jurisdiction

rendered in October 2015.

China also refused to partici-

pate in the proceedings, and

made its position clear that it

will not honour the ruling.

In accordance with the

provisions of UNCLOS, the

arbitration proceeded in

China’s absence, with the five-

member Tribunal deciding

unanimously on both

jurisdiction and merits in

Manila’s favour.

Judgment day – an

overwhelming victory

The final arbitral award of 12

July was not surprising

because it was in Manila’s

favour. What was surprising

was that while many were

expecting a favourable ruling,

they were definitely not

anticipating the magnitude and

scale of victory that the

arbitral tribunal delivered.

The award was a clear,

resounding and overwhelming

moral and legal triumph for

the Philippines. It is also final

and binding.

The arbitral tribunal refuted

and categorically declared that

China’s nine-dash line claim as

well as China’s historic rights

over living and non-living

resources in the SCS find no

basis in international law and

was incompatible with

UNCLOS.

The tribunal clarified that

China does not possess

historic rights over the

resources within the ‘nine-

dash line’ in areas within the

Philippine EEZ or continental

shelf; and that any historic

rights that China may have

over these resources is

incompatible with UNCLOS

and have been extinguished by

China’s accession to UNCLOS

and its entry into force.

The tribunal also declared that

China’s reclamation activities

have interfered with the rights

of the Philippines under

UNCLOS, irreparably

damaged the fragile marine

environment of the SCS, and

are clearly in violation of

China’s obligations under

UNCLOS.

The tribunal, mindful of the

limits of its jurisdiction,

carefully and explicitly avoided

the issue of sovereignty whilst

declaring that none of the

features in dispute are

“islands” being incapable of

sustaining human habitation or

economic life of their own, but

merely “rocks” for purposes

of Article 121(3) of UNCLOS

that do not generate

entitlements to an exclusive

economic zone or continental

shelf.

Muted jubilation in Manila

The reaction in Manila is

currently one of muted

jubilation. The new administra-

tion under Philippine President

Rodrigo Duterte presciently

adopted a “no taunt, no flaunt”

policy which was very

favourably received by Beijing.

There is challenging and real

work ahead on more conten-

tious issues of sovereignty,

maritime delimitation,

reparations and fisheries

enforcement, and multilateral

negotiations.

The road ahead

Manila clearly won the legal

battle. However, compelling

China to honour, abide by and

comply with the award of the

arbitral tribunal is outside the

ambit of Manila’s legal triumph.

While the decision is final and

binding, the arbitral tribunal

does not have the power or the

resources to coerce China to

concede to the overwhelming

legal and moral victory that the

Philippines secured for itself.

The post-arbitration

geopolitical situation in the

South China Sea will likely be a

period defined by a belligerent,

defiant China. Nonetheless, in

the long-term, it should be

expected that the bilateral

relations between the

Philippines and China will be

mended and restored, as it is

more robust, resilient and need

not only be defined by their

competing claims over the

South China Sea.

-Dr Lowell Bautista is an ANCORS

Alumni and Senior Lecturer in the

School of Law.

This abridged article is published

in full in the 25 July edition of the

New Mandala:

www.newmandala.org/to-rule-

the-waves/.

T H E A N C H O R

ANCORS well represented again at UN PrepCom II

P A G E 3 I S S U E 1 1

The second session of the

preparatory committee to

develop elements of a new

international legally binding

instrument for the conservation

and sustainable use of marine

biological diversity in areas beyond

national jurisdiction, under the

United Nations Convention on the

Law of the Sea, was held at the

United Nations in New York, 26

August to 9 September 2016.

The meeting discussed area-based

management measures, such as

marine protected areas,

environmental impact assessments,

marine genetic resources and

technology transfer and capacity

building.

Areas of possible convergence

and issues for further discussion

were identified.

ANCORS members played a

visible role on a number of

delegations by speaking at

various side events, including

(photo, L to R): Mr Pio Manoa

(FAO); Professor Robin

Warner (IASS); Alumni Dr

Carole Durussel (IASS);

Ms Harriet Harden-Davies

(UNESCO Intergovernmental

Oceanographic Commission);

Honorary Senior Fellow Dr Liz

Brierley (PIFS); Advisory Board

Member Alistair Graham (Australia)

and Ms Lora Reeve (OceanCare).

The third and fourth PrepCom

meetings for this historic

development in international

oceans law will take place in 2017.

-Ms Harriet Harden-Davies is an

ANCORS PhD student

fish trade, MCS, and regional

cooperation. It was a team effort,

with most ANCORS staff and

Fellows teaching at least one

course, and Ms Myree Mitchell and

Dr Owen Li ensuring that the

behind-the-scenes details ran

smoothly.

The course was not all deskwork,

with visits to the Sydney Fish

market and to the Australian

Fisheries Management Authority,

Border Force, FRDC and Parlia-

A group of 15 fisheries managers

from around the Caribbean

recently completed a 4-week

course at ANCORS.

The course, which was run by

Professor Alistair McIlgorm,

covered a comprehensive list of

topics including: the status of

global fisheries and fisheries trade,

the global legal framework for

sustainable fisheries, sustainable

fisheries management tools and

approaches, combatting IUU fishing,

ment in Canberra.

Feedback from

participants was

that they were

pleased with the

consistently high

standard of lectures.

The fellowships are

funded by the

Australian

Department of

Foreign Affairs and

Trade.

remains a vital ingredient for maintaining

the economic, social and cultural richness

of coastal communities.

The study’s economic assessment

component revealed that the industry

contributes more than A$436 million in

revenue annually to the NSW economy and

accounts for about 3,290 full-time jobs.

Study results also indicate that nearly all

(94%) of NSW coastal residents

interviewed believe the fishing industry

should be maintained in NSW and 64%

indicated they would be interested in

watching professional fishers at work while on

holidays.

These findings come at a time where

competition for marine resources in NSW

continues to grow and the pressure to close

more of the ocean to professional fishing

increases, with unknown impacts on local

communities.

The study is recently discussed in the

Conversation: https://theconversation.com/

fishing-is-worth-more-than-jobs-and-profits-to

-australias-coastal-towns-67053 and the report

can be accessed online at: www.uts.edu.au/vcf.

Dr Michelle Voyer and Professor

Alistair McIlgorm were part of a team

that recently completed a two-year

assessment of the ways professional

fishing contributes to the social and

economic lives of NSW coastal

communities.

The research team assessed how the

industry contributes to key dimensions

of community well-being, as the NSW

fishing industry continues to undergo

significant management changes.

The study finds that the industry

Some

ANCORS-

affiliated

delegates at

PrepCom II in

New York.

Photo:

C. Durussel.

Study finds fishing is worth more than jobs and profits to Australian towns

Australian Award Fellows complete short course

A very engaged group of Caribbean

AA Fellows thank DFAT on one of

the warmer days of their spring

visit.

P A G E 4

ANCORS participates at South China Sea arbitration conference

Opportunities for peace, stability and sustainability at CSEAS Symposium

TRAFFIC at CITES CoP17 The 17th Conference of the

Parties to the Convention on

Trade in Endangered Species

of Wild Fauna and Flora

(CoP17 CITES) closed in

Johannesburg in early October

after two weeks of intense

inter-governmental negation

on the regulation of trade in

wild animals and plants.

The meeting concluded with

some significant steps forward

for global efforts to stamp out

illegal wildlife trade and

ensure the sustainability of

future trade in a range of

valuable species.

Substantial progress was made

for a number of terrestrial and

some marine species.

Issues discussed in the forum

included captive breeding,

demand reduction strategies

traceability, and corruption in

trade regulation.

ANCORS Senior Research

Fellow and TRAFFIC

Fisheries Programme Manager

Mr Glenn Sant was on hand to

support a number of

initiatives, one of which was

traceability in trade. Another

successful initiative was the

inclusion of four species of

shark and nine species of

Mobula rays on CITES

Appendix II,

Irresponsible and

unsustainable fishing practices,

have led to an enormous

decline in shark numbers over

the past 50 years. Removal of

these key predators from the

food chain has serious conse-

quences for interconnected

marine and human systems.

This listing means that trade in

these species is now controlled

in order to avoid utilization

incompatible with their survival

in the wild; however, as always

the success of these measures

ultimately depends on adequate

national implementation.

For more about TRAFFIC and

CoP17 outcomes, see:

www.traffic.org/

home/2016/10/5/positive-

outcomes-from-global-wildlife-

trade-conference-but.html

Sustainability, held in Jakarta,

Indonesia.

Ms Campbell gave a

presentation about food

security and sustainable

fisheries management and was

a panelist for a session on

marine environmental

protection for sustainability

along with ANCORS PhD

student with Youna Lyons,

In August, ANCORS

Research Fellow

Brooke Campbell

took part in the

Asian International

Symposium: The

Contemporary

Maritime Security

Issues for the Asian

Region: Challenges

and Opportunities for

Peace, Stability and

The Symposium, in which

ANCORS Professorial Fellow

Sam Bateman also participated,

was organized by the Center

for Southeast Asian Studies.

Symposium presenters also had

a site visit to Kepulauan Seribu

Island to see some Marine

environmental protection

initiatives undertaken by LIPI,

the Indonesian Institute of

Sciences.

-Brooke Campbell is an

ANCORS Research Fellow

Professor Schofield talked

about the practical

implications of the arbitral

tribunal's award for marine

resources exploitation and

management in the South

China Sea; while Dean Gullett

talked about the contribution

of the South China Sea

arbitration to the concept of

juridical islands.

Leo served as the Rapporteur

and presented the summary

of proceedings at the end of

each day of the Conference.

The Conference was attended

by experts on the law of the

sea, including scholars and

government officials from

USA, China, Japan, Canada,

Australia, the Philippines, Italy

and Singapore.

-Leonardo Bernard is an

ANCORS PhD Student

On 5-6 October 2016,

Professor Clive Schofield

(ANCORS Director of

Research), Professor Warwick

Gullett (UOW Dean of Law)

and Leonardo Bernard

(ANCORS PhD Candidate) par-

ticipated at the 2016 DILA-

Korea and KIOST International

Conference: South China Sea

Arbitration and Beyond

Territorial and Maritime Disputes

in East Asia, held in Seoul, Korea.

T H E A N C H O R

Professor

Sam

Bateman

does his

part for

Indonesian

mangrove

habitat re-

habilitation.

Photo: B.

Campbell

In many parts of the

world, rays are even

more imperiled than

sharks. Photo:

H. Harden-Davies

Ocean issues for the Pacific and East Asia workshop

P A G E 5 I S S U E 1 1

ANCORS was delighted to host a

workshop titled Ocean Issues for the

Pacific and East Asia at the University

of Wollongong’s Innovation Campus

on 2-4 November.

The meet convened under the

auspices of the Jon Van Dyke

Institute, University of Hawai’i at

Manoa and was principally sponsored

by the Korea Institute of Ocean

Science and

Technology (KIOST).

Around 35

participants came

from various insti-

tutes and universities

across Australia,

Korea, the United

States, Canada,

China, New Zealand,

Ireland, Scotland and Italy.

Participants heard 17 presentations

delivered by six panels on a range of

topics including: the blue economy,

climate change impacts and sea level

rise, the preservation of the marine

environment and sustainable fisheries,

new frontiers for deep sea minerals and

the Arctic, the prospective International

Agreement on Conserving Biodiversity

Beyond National Jurisdiction, and the

repercussions of the Award of the South

China Sea Arbitration Tribunal.

Thought-provoking discussions led by

expert panel chairs and commentators –

primarily ANCORS staff and students –

followed each set of presentations.

A Reflection and Tribute to the late

Professor Ian Townsend-Gault was also

delivered by ANCORS Professor Clive

Schofield and William Stormont of the

University of British Columbia.

After a successful workshop it was a

special treat for attendees to see a pod of

whales in the Wollongong basin before the

harbourfront dinner on Thursday night.

-Ms Candice Visser is an

ANCORS PhD student

Dr Michelle Voyer from ANCORS.

The symposium significantly

advanced common understandings of

the definition of the Blue Economy

as an environmentally, socially and

economically sustainable marine

economy. It also considered

methodological approaches to

integrating economic evaluations

with environmental and social

considerations in order to achieve its

‘triple bottom line’ objectives.

The concept of the Blue Economy

is gaining increasing traction,

particularly in East Asia. But what

does the ‘Blue Economy’ mean

and how do we operationalise the

concept in practice?

These were some of the questions

considered by the Second

International Symposium on

Marine Economy in Tianjin, China

in October, and attended by

Professor Alistair McIlgorm and

The next symposium

will be held in Paris

in 2017 and will, for

the first time, involve

delegates from the

OECD.

-Dr Michelle Voyer is a

Vice-Chancellor’s Post-

Doctoral Fellow at

ANCORS

publication from the Center.

It was a timely placement, as her

time in Hawaii corresponded with

the IUCN World Conservation

Congress and annual meeting of

the Big Ocean, an annual meeting

of managers from a global network

of Large-Scale Marine Protected

Areas, both of which she was able

to attend.

Genevieve is grateful for the

support from the UOW Global

Challenges Program and the

East West Center and looks

forward to her return in 2017

to continue her research with

the Pacific island

Development Program.

-Ms Genevieve Quirk is an

ANCORS PhD student

Genevieve has recently

returned from the East West

Center in Hawaii as a visiting

scholar. Her independent research

at the Center, as part of her PhD

studies at ANCORS, investigated

the emergence and implications of

oceanscape governance in the

Pacific.

The research output will take the

form of an Asia Pacific Issues

Workshop

participants

outside

ANCORS

offices

Visiting the East-West Center

Marine Economy Symposium: How do we ‘do’ the Blue Economy?

Professor McIlgorm and Dr

Voyer with some Symposium

participants in China.

Genevieve outside the

East West

Center in Hawaii.

P A G E 6

A busy year in research development for A/Prof Hanich

Another successful year for UOW Global Challenge grant funding

Fisheries Awareness Week in Kiribati Community Based Fisheries

Management project members

Ben Namakin, Tarateiti Uriam,

and ANCORS’ Brooke

Campbell helped celebrate the

9th annual Kiribati Ministry of

Fisheries and Marine

Resources Development

(MFMRD) Fisheries Awareness

Week in late October by

taking part in educational

activities and festivities.

The week showcases the great

work in which MFMRD is

engaged across its five

Divisions and raises awareness

about Ministry activities as well

as issues like maritime safety

and the sustainable use of

marine resources.

For the CBFM team it was

also a chance to raise

awareness about the project,

to answer the public’s

questions, and to showcase

project achievements to date.

Some of these successes

include facilitating the

development of Community

Resource Management Plans

in all 5 pilot project

communities. These Plans

were developed by

communities and are the first

of their kind in Kiribati.

The CBFM team and MFMRD are

also watching proudly and

standing by in support as

communities begin to implement

their management plan actions by

themselves.

For example, North Tarawa’s

Tabonibara village recently

implemented a fishing ban for

spawning Amori fish; in support of

these conservation efforts,

neighbouring villages have volun-

tarily adopted the ban as well.

Buariki, Tanimaiaki, and Bikati

villages are also celebrating

recent management successes.

Awards for the 2016 funding

round include: Conservation

and Equity in Pacific Tuna;

Nereus, led by A/P Quentin

Hanich and strategic grant

Launching a Blue Economy:

putting theory into practice, led

by Dr Michelle Voyer.

ANCORS investigators for

these recently awarded grants

include Dr Michelle Voyer,

Prof Alistair McIlgorm, Prof

Robin Warner, Prof Richard

ANCORS has had

another successful year

securing competitive

UOW funding for

collaborative Global

Challenges (GC)

Grants.

Nine ANCORS staff and

students are either lead

or co-Investigators for

strategic and project

grants worth a total of

10K.

Kenchington, Ms Harriet

Harden-Davies, Ms Brooke

Campbell, Dr Aurélie Delisle,

Ms Ruth Davis, and A/P

Quentin Hanich.

2016 was also a busy and

successful year for GC grants

at ANCORS, with over 148K

in project, seed, and strategic

funding awarded to 5 staff and

students and their UOW and

external partners in the 2015

funding round.

and cloud processing for

fisheries management and

marine conservation.

He was also recently in San

Diego where he attended the

Phoenix Islands Protected Area

Trust Board meeting. There,

he and Mr Brian Sullivan from

Google (a GFW partner)

presented new analysis from

Global Fishing Watch on

Kiribati fisheries and advised

on options for Kiribati to

strengthen national

surveillance and enforcement

of the Phoenix Islands

Protected Area.

Earlier this year, Quentin was

also heavily involved in bringing

UOW into a global network of

universities under the Nippon

Foundation’s Nereus Program

(www.nereusprogram.org) to

work on a multi-disciplinary

and transboundary fisheries

governance project.

-ANCORS A/Prof Quentin Hanich

is the Fisheries Governance

Programme Leader

ANCORS A/Prof Quentin

Hanich has had a very busy year

developing research projects as

Leader of the Fisheries

Governance Programme.

He recently returned again from

San Francisco, where he

continues to develop research

ideas with Global Fishing Watch

(globalfishingwatch.org).

This research focuses on the

development of innovative new

applications of satellite

technologies, machine learning

T H E A N C H O R

One 2017

project

tackles

equity

issues in

Pacific

Tuna

fisheries.

Photo: Q.

Hanich.

Local project staff Ben

and Tarateiti were on

hand to answer

questions at the CBFM

information booth.

A busy time for visitors and distinguished guests at ANCORS

P A G E 7 I S S U E 1 1

ANCORS had the pleasure of host-

ing a number of distinguished guests

and visitors over the past months.

One of these distinguished guests

was Australian Minister for

International Development and the

Pacific Senator the Honorable

Concetta Fierravanti-Wells.

The Minister was also accompanied

by UOW Vice Chancellor Professor

Paul Wellings.

Among the topics discussed was the

new online Masters program and

some of ANCORS activities in the

Pacific.

Other recent Centre visitors include:

Director Masahiro Yamada of the

Japanese Coast Guard (Piracy

Countermeasures Office)

A/Prof Max Troell of the Stockholm

Resilience Centre and the Beijer

Institute of Ecological Economics;

Dr Jeremy Hills, Director of the

Institute of Marine Resources at the

University of the South Pacific, Fiji;

The David and Lucile Packard

Foundation’s Senior Advisor Stuart Green

and Program Officer John Claussen;

Professor Karen Scott from the

University of Canterbury School of Law;

and

Dr Philip James, Fisheries Economics

Officer from the Pacific Community.

Bernard, L. 2016. “The Impact of ICJ’s Preliminary Decision on the Nicaragua v Colombia

Case to the Asia Pacific Region”, Asia-Pacific Journal of Ocean Law and Policy, 1:2: 282-285.

Campbell, B., Alder, J., Trujillo, P., Pauly, D. 2016. “A global analysis of mariculture

production and its sustainability, 1950-2030”, Chapter 12. In: Pauly, D., Zeller, D. (eds.) Global

Atlas of Marine Fisheries: A critical appraisal of catches and ecosystem impacts. Island Press;

Washington, D.C. 550 p.

Harden-Davies, H. 2016. “Marine science and technology transfer: can the Intergovernmental

Oceanographic Commission Advance Governance of Marine Areas Beyond National

Jurisdiction?”. Marine Policy. 74. 260-267.

Mubarok Busro, Zaki. “Finding ways to clamp down of fisheries poaching”, Jakarta Post, 13

October, 2016. www.thejakartapost.com/academia/2016/10/13/finding-ways-to-clamp-down-on-

fisheries-poaching.html

Warner, R. 2016. “Developing New Regulatory Paradigms for Marine Areas beyond National

Jurisdiction: Pacific Context and Experience” In: Harry N Scheiber and Nilufer Oral (eds.)

Ocean Law Debates: The 50 -Year Legacy and Emerging issues for the Years Ahead. Brill;

Leiden.

The

Honorable

Minister with

ANCORS-

staff and

students.

Photo: UOW

Media.

Recent Publications ANCORS PhD student

Harriet Harden-Davies is

passionate about the ocean.

Photo: UOW Media.

UOW Newsflash: ANCORS PhD student among those

helping to develop groundbreaking United Nations treaty

PhD student Harriet Harden-Davies helping to develop groundbreaking United Nations deep

sea treaty: media.uow.edu.au/news/UOW224710

P A G E 8

Zaki in New York

earlier this year.

Unforgettable Experiences during UN Nippon Fellowship 2016

Zaki Mubarok Busro is an

ANCORS PhD student studying

under an Australia Awards

Scholarship with Professors

Stuart Kaye and Alistair

McIlgorm. His PhD thesis looks

at legal, policy, and institutional

perspectives of Illegal,

Unreported and Unregulated

(IUU) fishing as transnational

organized crime in Indonesia.

He was awarded a UN Nippon

Fellowship in 2016. Below, he

writes about some of his

experiences in this program so

far.

It is indeed a good

opportunity for me to be a

selected fellow under the

program of United Nations-

Nippon Fellowship along with

nine other Fellows from

around the globe.

This program was concluded

between the United Nations

and the Nippon Foundation of

Japan through a trust fund

project agreement to provide

capacity-building and human

resource development to

developing States Parties and

non-Parties to UNCLOS

executed by the Division for

Ocean Affairs and the Law of

the Sea (DOALOS).

I am currently following a nine

-month program composed of

two consecutive phases which

provide the Fellows with

advanced and customized

research and training

opportunities in their chosen

fields.

Obviously, this program

enriches my experiences and

knowledge, particularly my

academic journey as a PhD

student at ANCORS.

In the first stage, we all

gathered in the DOALOS

office in New York for three

months from the end of

March until June 2016. During

that period, I had tremendous

and in-depth understanding

about ocean affairs since the

program is designed to be

both theoretical and practical.

In New York, I had the

chance to be part of the

Regional Leaders Program on

Areas Beyond National

Jurisdiction (ABNJ) and to

participate in several ocean

meetings such as the Review

Conference on United

Nations Fish Stocks

Agreement, the Meeting of

State Parties of UNCLOS, the

Preparatory Committee

Meeting on ABNJ and the

other multilateral meetings.

DOALOS also provided

workshops and lectures on

leadership and wide range of

ocean affairs.

For the second phase (July-

December 2016), we have all

been deployed to different

countries. I am posted at the

Center for Law in Action,

Nelson Mandela Metropolitan

University of South Africa. It

is located in the small and

iconic city of Port Elizabeth.

This university has a law

enforcement academy to

combat fisheries crimes; here

I can obtain many lessons and

expand my professional

networks. I will also

undertake a mini thesis

focusing on IUU fishing and

fisheries crimes under the

supervision of Prof. Patrick

Vrancken.

Above all, I would like to

convey my gratitude to Prof.

Stuart Kaye and Prof. Alistair

McIlgorm for making this

wonderful experience happen.

T H E A N C H O R

“Obviously, this

program

enriched my

experiences

and knowledge,

particularly my

academic

journey as a

PhD student at

ANCORS.”

Congratulations to our 2016 Masters graduates

P A G E 9 I S S U E 1 1

Master of Maritime Policy

Luigi Amoresano (Italy)

Khairul Bin Taub (Malaysia)

Kate Chung (South Korea)

Anura Ekanayake (Sri Lanka)

Noel Kalubowila (Sri Lanka)

Ronald Paras (Philippines)

Hickson Siba (Vanuatu)

Semisi Tapueluelu (Tonga)

Ravo Ramahefalala (Madagascar)

Noel Thomasoo (Mauritius)

Graduate Certificate in

Maritime Studies

Luella Cox (Australia)

Congratulations to our 2016 Masters graduates!

After a year of hard work, the 17 graduates listed

below are now returning to an incredible diversity of

countries around the world. We wish them all the best

in their new professional endeavours and we hope our

paths cross again in the future!

Master of Fisheries Policy

Johhny Louys (Seychelles)

Hearty Matamaru (Solomon Islands)

Elisa Plati (Australia)

Master of Maritime Studies

Itty Timothy (Nigeria)

Robert Shea (Canada)

Master of Maritime Policy (Online)

Seiloni Toakuru (Tonga)

(ANCORS GC 2015)

ANCORS Staff Chris Rahman, Ruth Davis and Anthony Morrison with some of ANCORS’ new Masters graduates

during the recent Masters farewell lunch.

ANCORS Director Stuart Kaye

receives a lovely appreciation gift

from Noel Kalubowila on behalf of

the graduating class of 2016.

ANCORS Alumni Ahmad

Almaududy (Dudy) Amri has a

number of reasons to celebrate; not

only has he recently qualified for

graduation, he and wife Maulida are

thrilled at the arrival of their first

child, a daughter named Aishah.

Congratulations Dr Amri and family!

Administrator Ms Myree Mitchell is

celebrating the birth of her first

Happy birthday to Alistair, Tiff, Myree,

Candice and Aurélie!

Ms Tiff Lin also successfully defended

her proposal to upgrade her studies to

a PhD. Congratulations Tiff!

Congratulations are also in order for

recent PhD graduate Dr Shaun Lin.

We wish him all the best in his future

endeavours!

Karen Raubenheimer has qualified for

graduation, having received special

commendation for her PhD thesis that

looks at improved legal frameworks

for marine plastic debris.

Congratulations Dr Raubenheimer!

Congratulations also to the ANCORS

Masters graduates of 2016, whose

names appear on p.9 of this issue.

Ms Brooke Campbell and Dr Lowell

Bautista were both successful

applicants for promotion in 2016.

Congratulations Brooke and Lowell on

this great achievement!

grandchild, Louis, who was born on

the 12th of November, All the best

to new parents Justine and Ben as

well as Nooni Mitchell!

Farewell to Nippon Fellow Aruna,

who heads back to Sri Lanka in

mid-December!

A reminder of the dates for 2017

Short Courses:

Fisheries Management: 3-7 April

Law of the Sea: 19-23 June

Maritime Regulation and

Enforcement: 26-30 June

International Fisheries Law:

21-25 August

International Fish Trade:

28 August—1 September

Thank you to everyone who

contributed to the newsletter this

year. Happy Holidays and best

wishes for 2017 from The Anchor!

Innovation Campus

University of Wollongong

Squires Way, North Wollongong

NSW 2522, Australia

Phone: +61 2 4221 4883

Fax: +61 2 4221 5522

E-mail: [email protected]

Web: www.ancors.uow.edu.au

Announcements and Celebrations

Who We Are

ANCORS is Australia’s only multidisciplinary university-based centre dedicated to research, education and training on ocean

law, maritime security and natural marine resource management. We also provide authoritative policy development advice

and other support services to government agencies in Australia and the wider Indo-Pacific regions, as well as to regional and

international organizations and ocean-related industry.

Smiles all around. Newly

minted Dr Lin and Supervisor

Professor Clive Schofield.

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Disclaimer

The views expressed by Newsletter authors are their own and do not necessarily reflect the views of ANCORS or of UOW more broadly.

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