Australia's Territorial Sea: International and Federal Implications of Its Extension to 12 Miles

(1991) 22 Ocean Development and International Law 395-431

37 Pages Posted: 16 Sep 2016 Last revised: 13 Oct 2016

See all articles by Brian Opeskin

Brian Opeskin

University of Technology Sydney

Donald R. Rothwell

ANU College of Law

Date Written: January 1, 1991

Abstract

In November 1990 Australia extended its territorial sea from 3 to 12 nautical miles. This article examines the consequences of this extension under international and municipal law, and draws comparisons with the experience of the United States and Canada in relation to their territorial seas. The expansion of Australia's territorial sea has some noteworthy features under international law in its effect on Australia's territorial claims in the Antarctic, and on the maritime delimitation between Australia and Papua New Guinea in Torres Strait. The consequences of the extension under municipal law arise from the unique offshore regime agreed between the federal government and seven state and territorial governments in 1979, by which jurisdiction over the territorial sea is divided between central and regional governments. Australia's federal constitutional structure has created problems of offshore jurisdiction similar to those experienced in Canada and the United States, but the solution adopted is markedly different. The Australian settlement may prove a useful model for federations trying to reach an agreement over offshore areas.

Keywords: Territorial Sea, International Law, Antarctic, Offshore Regime, Torres Strait, Law of the Sea, Jurisdiction, Federalism

Suggested Citation

Opeskin, Brian and Rothwell, Donald R., Australia's Territorial Sea: International and Federal Implications of Its Extension to 12 Miles (January 1, 1991). (1991) 22 Ocean Development and International Law 395-431. Available at SSRN: https://ssrn.com/abstract=2839608

Brian Opeskin (Contact Author)

University of Technology Sydney ( email )

Faculty of Law
University of Technology Sydney
Sydney, New South Wales 2007
Australia
+61-2-95149670 (Phone)

HOME PAGE: http://www.uts.edu.au/staff/brian.opeskin

Donald R. Rothwell

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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