Papers by Genevieve Quirk
The International Journal of Marine and Coastal Law, Nov 7, 2017
UNGA Resolution 69/292 requires that the development of an international legally binding instrume... more UNGA Resolution 69/292 requires that the development of an international legally binding instrument (ILBI) for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (ABNJ) under the United Nations Convention on the Law of the Sea should not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies. The South West Pacific regional oceans governance framework is reviewed, highlighting the importance of dedicated mechanisms for cooperation in the integration of regional institutions and in collective diplomacy for the development of an ILBI. It is argued a sufficiently inclusive description of existing arrangements under an ILBI is needed to not undermine the competence or integration of the regional architecture for oceans' governance. Shared governance principles between an ILBI and existing regional governance architecture could play an important role in preserving coherence and contribute to ensuring regional standards for conservation of BBNJ are not diminished.
The first day of July 2018 marked a shift in national practice for Australia with an unprecedente... more The first day of July 2018 marked a shift in national practice for Australia with an unprecedented change in the level of protection available to the national network of marine protected areas (MPAs) from extractive activities. In Australia, marine areas inside the seaward Exclusive Economic Zone (EEZ) boundary to 3 nautical miles (NM) are defined as matters of national significance and their protection is a highly contested national issue that can form part of national election platforms. This article examines the political ontours of marine protection in Australia and illuminates emerging legal aspects of the obligation to protect and preserve the marine environment to better understand what is at stake in the forthcoming national election for Australia’s marine protection legacy.
United Nations negotiations begin today in New York on the elements of an international agreement... more United Nations negotiations begin today in New York on the elements of an international agreement to govern the conservation and sustainable use of the high seas.
One earth, Jul 1, 2021
Summary Our oceans, and the communities that rely on them, are facing diverse, interconnected, an... more Summary Our oceans, and the communities that rely on them, are facing diverse, interconnected, and cumulative threats, such as large-scale industrialization, climate change, and pollution. Integrated ocean management (IOM) is a governance approach that is designed to address these threats in a coordinated way while ensuring equitable distribution of resources and a reduction in conflict between invested parties. There are, however, a confusing and often competing array of different approaches to IOM, which can inhibit the success of its application and undermine sustainability efforts. Here, we propose an NAE (normative, applied, and empirical) conceptual model and demonstrate the utility of this approach as a tool through which to categorize the many different IOM frameworks. In doing so, we identify that most IOM frameworks provide for insufficient integration across one or more focus areas. By identifying these gaps, we provide a means through which future ocean governance can support more comprehensive integration.
The first day of July 2018 marked a shift in national practice for Australia with an unprecedente... more The first day of July 2018 marked a shift in national practice for Australia with an unprecedented change in the level of protection available to the national network of marine protected areas (MPAs) from extractive activities.1,2,3 In Australia, marine areas inside the seaward Exclusive Economic Zone (EEZ) boundary to 3 nautical miles (NM)4 are defined as matters of national significance5 and their protection is a highly contested national issue that can form part of national election platforms.6 This article examines the political contours of marine protection in Australia and illuminates emerging legal aspects of the obligation to protect and preserve the marine environment to better understand what is at stake in the forthcoming national election7 for Australia\u27s marine protection legacy
Navedene privatne pruge bile su u državnoj eksploataciji, odnosno upravi. Temeljem sporazuma od 7... more Navedene privatne pruge bile su u državnoj eksploataciji, odnosno upravi. Temeljem sporazuma od 7. veljače 1931., država je otkupila pruge Dioničarskog društva Slavonske vicinalne željeznice pa je tako prestao i razlog njegovog postojanja. Društvo je 1932. godine ušlo u proces likvidacije, koji je završio 12. travnja 1933. Ključne riječi: Dioničarsko društvo Slavonske vicinalne željeznice u Budimpešti/Zagrebu, dioničari, likvidacija, vicinalne željeznice Uvod U članku su s aspekta povijesti institucija prikazani rezultati istraživanja ustroja te poslovanja i likvidacije Dioničarskog društva Slavonske vicinalne željeznice / Szlavoniai helyi érdekü vasut részvénytársaság / Slavonische Local-Eisenbahn Actiengesellschaft (1892-1933). Navedeno društvo osnovano je 1892. godine. Sjedište društva, kao i kod većine vicinalnih željeznica, bilo je u Budimpešti. 1 U Austro-Ugarskoj Monarhiji pruge društva bile su u
The Blue Economy is an emerging framework through which sustainable development is being pursued ... more The Blue Economy is an emerging framework through which sustainable development is being pursued within the oceans. To date there is limited guidance into how a Blue Economy should be enacted. We propose four initial steps in the development of Blue Economy policies and plans. Firstly, we argue for early deliberation over what is meant by the Blue Economy within the relevant context. Secondly, consideration of the sectors that make up a Blue Economy should be articulated. Thirdly, we argue that Blue Economy plans should aim to be coherent within the existing policy framework. Therefore, an assessment is required of the existing policy settings for the relevant marine and coastal sectors, and the degree to which they are already coherent, or ‘mutually consistent’ with each other. Finally, a contextually sensitive and coherent Blue Economy policy can be designed which plugs policy gaps and adds value to the existing situation. We test the application of these four steps in two differe...
Ocean & Coastal Management, 2020
Abstract The Blue Economy champions the sustainable development of ocean spaces. It is unclear wh... more Abstract The Blue Economy champions the sustainable development of ocean spaces. It is unclear whether this new concept requires a new set of governance principles and policies, or whether existing policy mechanisms can accommodate it. Using Timor Leste as a case study, we examine policy coherence and coordination across a range of maritime sectors. We do so through content analysis of formal instruments, such as legislation and policy documents, and semi-structured interviews with governance actors and organizations. We assess policy coherence by examining whether governance objectives are shared within and across existing sector-based policies, and the extent to which they are consistent with Blue Economy objectives. We explore policy coordination through network analysis of the connections between instruments as well as people. A number of gaps in the Timor Leste policy landscape are apparent, with weak governance around social objectives, particularly in the ports sector. In general, however, the existing governing system appears to be largely consistent with Blue Economy aspirations. In addition, there are existing, highly influential policy documents and organizations that are already playing a critical bridging role between sectors. Strengthening connections between sectoral management arrangements, through boundary organizations and amendments to existing instruments, may therefore be an efficient and pragmatic approach to Blue Economy implementation. This approach would allow more focused attention on plugging policy gaps and addressing deficiencies in the existing system.
The International Journal of Marine and Coastal Law, 2017
unga Resolution 69/292 requires that the development of an international legally binding instrume... more unga Resolution 69/292 requires that the development of an international legally binding instrument (ilbi) for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (abnj) under the United Nations Convention on the Law of the Sea should not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies. The South West Pacific regional oceans governance framework is reviewed, highlighting the importance of dedicated mechanisms for cooperation in the integration of regional institutions and in collective diplomacy for the development of an ilbi. It is argued a sufficiently inclusive description of existing arrangements under an ilbi is needed to not undermine the competence or integration of the regional architecture for oceans’ governance. Shared governance principles between an ilbi and existing regional governance architecture could play an important role in preserving coherence and contribute to e...
Australian Journal of Maritime & Ocean Affairs, 2013
Abstract The Framework for a Pacific Oceanscape (FPO) catalysed the declaration of large Marine P... more Abstract The Framework for a Pacific Oceanscape (FPO) catalysed the declaration of large Marine Protected Areas (MPAs) (over 250,000 km) in Oceania. The scale of these Pacific Ocean Arcs’ is designed to address biodiversity loss and climate change that threaten crucial ecological and sociological functions. This paper critically examines the institutional capacity in Oceania to meet spatial marine protection targets under the Convention on Biological Diversity 1992 (CBD). It scrutinises the regional institutions for oceans governance and national institutional arrangements for the oldest and newest Arcs in Kiribati and Palau. Implementation of credible and functional Arcs depends on enforcing the elimination of extractive activities to produce beneficial reserve effects. To meet the 2020 CBD marine spatial protection target will require support from all institutional members and better integration of coastal community governance.
Part of the Arts and Humanities Commons, and the Law Commons Recommended Citation Recommended Cit... more Part of the Arts and Humanities Commons, and the Law Commons Recommended Citation Recommended Citation Harden-Davies, Harriet; Quirk, Genevieve; and Warner, Robin M., "New laws for the high seas: four key issues the UN talks need to tackle" (2016). Faculty of Law, Humanities and the Arts-Papers. 2319.
Summary Our oceans, and the communities that rely on them, are facing diverse, interconnected, an... more Summary Our oceans, and the communities that rely on them, are facing diverse, interconnected, and cumulative threats, such as large-scale industrialization, climate change, and pollution. Integrated ocean management (IOM) is a governance approach that is designed to address these threats in a coordinated way while ensuring equitable distribution of resources and a reduction in conflict between invested parties. There are, however, a confusing and often competing array of different approaches to IOM, which can inhibit the success of its application and undermine sustainability efforts. Here, we propose an NAE (normative, applied, and empirical) conceptual model and demonstrate the utility of this approach as a tool through which to categorize the many different IOM frameworks. In doing so, we identify that most IOM frameworks provide for insufficient integration across one or more focus areas. By identifying these gaps, we provide a means through which future ocean governance can su...
Asia-Pacific Journal of Ocean Law and Policy
Journal of the Indian Ocean Region
Maritime security is essential to supporting the Blue Economy. Many maritime security forums have... more Maritime security is essential to supporting the Blue Economy. Many maritime security forums have been key supporters of the Blue Economy concept, particularly in the Indian Ocean region (IOR). This paper will explore the co-evolution and co-dependence of Blue Economy and maritime security agendas, with a particular focus on the IOR. It identifies two primary interactions between Blue Economy and maritime security interests. Firstly, maritime security is an enabler of the Blue Economy, for example, through safeguarding navigation routes, providing important oceanographic data to marine industries and protecting rights over valuable marine resources and activities within claimed zones of maritime jurisdiction. Secondly, an often overlooked role that maritime security plays in the Blue Economy is by being itself a source of economic development and growth. An expanded Blue Economy will create greater demand for maritime security capabilities, and this, in turn, will trigger increased investment and growth in these capabilities. The enhanced and increasingly diverse role that maritime security will continue to play in the Blue Economy can be seen across all sectors in the IOR.
Journal of Environmental Policy & Planning
Shades of Blue: what do competing interpretations of the Blue Economy mean for oceans governance?... more Shades of Blue: what do competing interpretations of the Blue Economy mean for oceans governance? The 'Blue Economy' is an increasingly popular term in modern marine and ocean governance. The concept seeks to marry ocean based development opportunities with environmental stewardship and protection. Yet different actors are co-opting this term in competing, and often conflicting ways. Four conceptual interpretations of the Blue Economy are identified, through examination of dominant discourses within international Blue Economy policy documents and key 'grey' literature. The way the Blue Economy is enacted is also examined, through an analysis of the Blue Economy 'in practice', and the actors involved. Finally, the scope of the Blue Economy is explored, with a particular focus on which particular marine industries are included or excluded from different conceptualisations. This analysis reveals areas of both consensus and conflict. Areas of consensus reflect the growing trend towards commodification and valuation of nature, the designation and delimitation of spatial boundaries in the oceans and increasing securitization of the world's oceans. Areas of conflict exist most notably around a divergence in opinions over the legitimacy of individual sectors as components of the 'Blue Economy', in particular carbon intensive industries like oil and gas, and the emerging industry of deep seabed mining.
The Blue Economy champions the sustainable development of ocean spaces. It is unclear whether thi... more The Blue Economy champions the sustainable development of ocean spaces. It is unclear whether this new concept requires a new set of governance principles and policies, or whether existing policy mechanisms can accommodate it. Using Timor Leste as a case study, we examine policy coherence and coordination across a range of maritime sectors. We do so through content analysis of formal instruments, such as legislation and policy documents, and semi-structured interviews with governance actors and organizations. We assess policy coherence by examining whether governance objectives are shared within and across existing sector-based policies, and the extent to which they are consistent with Blue Economy objectives. We explore policy coordination through network analysis of the connections between instruments as well as people. A number of gaps in the Timor Leste policy landscape are apparent, with weak governance around social objectives, particularly in the ports sector. In general, however, the existing governing system appears to be largely consistent with Blue Economy aspirations. In addition, there are existing, highly influential policy documents and organizations that are already playing a critical bridging role between sectors. Strengthening connections between sectoral management arrangements, through boundary organizations and amendments to existing instruments, may therefore be an efficient and pragmatic approach to Blue Economy implementation. This approach would allow more focused attention on plugging policy gaps and addressing deficiencies in the existing system.
asia-pacific journal of ocean law and policy, 2019
The first day of July 2018 marked a shift in national practice for Australia with an unprecedente... more The first day of July 2018 marked a shift in national practice for Australia with an unprecedented change in the level of protection available to the national network of marine protected areas (MPAs) from extractive activities. In Australia, marine areas inside the seaward Exclusive Economic Zone (EEZ) boundary to 3 nautical miles (NM) are defined as matters of national significance and their protection is a highly contested national issue that can form part of national election platforms. This article examines the political ontours of marine protection in Australia and illuminates emerging legal aspects of the obligation to protect and preserve the marine environment to better understand what is at stake in the forthcoming national election for Australia’s marine protection legacy.
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Papers by Genevieve Quirk