Dr Warwick Gullett
Position in Faculty Senior Lecturer
Degrees Held LLB, BA (Hons) Monash, PhD Australian National University
Publications on RIS
Warwick joined the Law Faculty in April 2004. For the previous three years he was a law lecturer in the Faculty of Fisheries and Marine Environment at the Australian Maritime College.
In 1999 he was a Visiting Research Fellow in the York Centre for Applied Sustainability, Faculty of Environmental Studies, York University and in 2002 he was a Visiting Professor in the Institute of the Law of the Sea, National Taiwan Ocean University.
Warwick completed his PhD entitled "Environmental decision-making in a transboundary context: principles, challenges and opportunities for precautionary environmental impact assessment" at the ANU in 2001.
Research Areas Warwick's research interests focus on Australian and international fisheries law. He has published in this area as well as on marine protected areas, environmental impact assessment and the precautionary principle.
Professional Activities Warwick is fisheries law editor for the Environmental and Planning Law Journal. He is a member of the following groups:
Australian National Centre for Ocean resources and Security (at UoW)
National Environmental Law Association (NELA) Pacific International Maritime Law Association (PIMLA)
Australian Centre for Maritime Studies (ACMS)
Australasian Law Teachers Association (ALTA)
Current Graduate Students
PhD
- Quentin Hanich
How oceans governance is failing the Western and Central Pacific Tuna Fisheries (Co-supervisor: Professor Martin Tsamenyi)
- Wayne Kuo
Assessing the effectiveness of MPAs in the conservation of marine biodiversity (Co-supervisor: Professor Martin Tsamenyi)
- Marilia Mendes
Ecosystem based management in fisheries: can it work under the current international law regime? (Co-supervisor: Professor Martin Tsamenyi)
- Georgia Nogueira de Souza Patu
Institutional overlaps influencing effectiveness in international cooperation in ocean affairs (Co-supervisor: Professor Martin Tsamenyi)
Master of Maritime Studies (Research)
- Ameila Emran
Marine environmental protection in the Straits of Malacca
- Chris Paterson
Meshing the science, policy and law of managing gillnet fishing in Australia.
Publications
- Gullett, W. 2006. The threshold test of the precautionary principle in Australian courts and tribunals: lessons for judicial review. In: Fisher, E., Jones, J. and von Schomberg, R. (eds) Implementing the precautionary principle: perspectives and prospects. Edward Elgar, pp 182-201.
- Mason, R. and Gullett, W. 2006. Cancellation provisions in Australia's Commonwealth-managed fisheries. Marine Policy 30(3): 270-280.
- Gullett, W. 2006. Up the creek and out at sea: the resurfacing of the public right to fish. Maritime Studies. 146:1-11 .
- Gullett, W. 2006. Fisheries. In: Farrier, D. and Stein, P. (eds) Environmental Law Handbook: planning and land use in NSW. (4th ed). Redfern Legal Publishing, pp.633-660.
- Gullett, W . 2006. Book Review. "The precautionary principle in Practice". Rural Society. 16(2): 218-219.
- Gullett, W. 2006. Contesting the merits of aquaculture development: Port Stephens Pearls Pty Ltd v Minister for Infrastructure and Planning [2005] NSWLEC 426. Australasian Journal of Natural Resources Law and Policy. 10(2) (in press)
- Gullett, W. 2005. Smooth sailing for Australia's automatic forfeiture of foreign fishing vessels. Environmental and Planning Law Journal. 22(3): 169-173.
- Gullett, W. 2004. Taiwan's engagement in the developing international legal regime for fishing: implications for Taiwanese officials and fishers. Taiwan Ocean Law Review. 3(2): 163-216.
- Gullett, W. 2004. Relying on fishy advice: the Ostrowski decision. Environmental and Planning Law Journal. 21(4): 245-248.
- Gale, R. and Gullett, W. 2004. Legislated environmental reporting requirements: compliance issues at the Great Barrier Reef Marine Park Authority. Australasian Journal of Natural Resources Law and Policy. 9(1): 33-58.
- Gullett, W. 2004. Developments in Australian fisheries law: setting the Law of the Sea Convention adrift? Environmental and Planning Law Journal. 21(3): 169-176.
- Gullett, W. 2003. Judicial review challenges of precautionary decisions: the next phase of litigation? Presented at "The precautionary principle in environmental regulation: 10 years since Leatch" conference, Australian Centre for Environmental Law, Australian National University, Canberra 20-21 November (paper available on request).
- Gullett, W. 2003. Prompt release procedures and the challenge for fisheries law enforcement: the judgment of the International Tribunal for the Law of the Sea in the Volga Case (Russian Federation v Australia). Federal Law Review. 31(2): 395-407. [Republished in Chinese (with R.L-T. Chen) in 2004. Taiwan International Law Quarterly. 1(4):219-244.]
- Gullett, W. 2003. The legal framework and enforcement experience of marine protected areas in Tasmania, New South Wales and Commonwealth waters. In Beumer, J.P., Grant, A. and Smith, D.C. (eds) Protected Areas - What works best and how do we know?, Proceedings of the World Congress on Aquatic Protected Areas, University of Queensland Printery, pp. 388-397.
- Gullett, W. 2003. Enforcing bycatch reduction in trawl fisheries: legislating for the use of turtle exclusion devices. Environmental and Planning Law Journal. 20(3): 195-210.
- Gullett, W. and Pretes, M. 2003. Recent developments: Tuvalu and Kiribati become parties to the Law of the Sea Convention. National Environmental Law Review. 3(September): 6-7.
- Gullett, W. and McShane, P. 2003. In defence of the precautionary principle. The Queensland Fisherman. 21(4): 25-27.
- Crosthwaite, K. and Gullett, W. 2002. Balancing short term impacts and long term interests in fisheries management decisions: Justice v Australian Fisheries Management Authority. National Environmental Law Review. 2(June): 39-46.
- Gullett, W. 2002. Transportation system - China. Encyclopedia of Modern Asia. Scribners, New York. Volume 5 pp. 527-528.
- Gullett, W. and Oakman, D. 2002. Ustyurt Plateau. Encyclopedia of Modern Asia. Scribners, New York. Volume 6 p. 40.
- Gullett, W., Paterson, C. and Fisher, E. 2001. Substantive precautionary decision-making: the Australian Fisheries Management Authority's 'lawful pursuit' of the precautionary principle. Australasian Journal of Natural Resources Law and Policy. 7: 95-139.
- Gullett, W. 2000. Environmental decision-making in a transboundary context: principles and challenges for the Denmark-Sweden Øresund fixed link. Journal of Environmental Assessment Policy and Management. 2(4): 503-533.
- Gullett, W. 2000. The precautionary principle in Australia: policy, law and potential precautionary EIAs. Risk: Health, Safety and Environment. 11(2): 93-124.
- Gullett, W. 2000. Book review: "Protecting public health and the environment: implementing the precautionary principle". Environmental Practice. 2(1): 106-107.
- Dovers, S. and Gullett, W. 1999. Policy choice for sustainability: marketization, law and institutions. In Bosselmann, K. and Richardson, B.J. (eds) Environmental justice and market mechanisms: key challenges for environmental law and policy. Kluwer Law International, London, pp. 110-128.
- Gullett, W. 1998. Environmental impact assessment and the precautionary principle: legislating caution in environmental protection. Australian Journal of Environmental Management. 5(3): 146-158.
- Gullett, W. 1997. Environmental protection and the 'precautionary principle': a response to scientific uncertainty in environmental management. Environmental and Planning Law Journal. 14(1): 52-69.
Selected presentations
- Pushing the limits of the Law of the Sea Convention in response to IUU fishing: developments in State practice in the sub-Antarctic. Third Update and Stakeholder Consultation meeting on IUU fishing, Chatham House, London, 9 May 2007.
- Maritime security post 9/11: implications for freedom of navigation and innocent passage, National Taiwan Ocean University, Keelung, 11 April 2007.
- Up the creek and out at sea: the resurfacing of the public right to fish. Sharing the Fish 06 Conference Allocation Issues in Fisheries Management, Fremantle, 27 February 2006.
- Maritime security in the Pacific: the ISPS code and the fishing vessel exemption, & Places of refuge: the Australian position. Pacific maritime community: navigating sea of change and meeting new responsibilities and challenges, Seminar for Pacific Islands Maritime Legal Officers, Secretariat of the Pacific Community, Suva, 13 & 14 July 2005.
- Taiwan's engagement in the developing international legal regime for fishing: implications for Taiwanese officials and fishers. International conference, Law of the Sea and the Fishery Development in Taiwan, Taiwanese Society of International Law, Kaoshiung, 10 December 2004.
- International binding and non-binding instruments related to environmental aspects of aquaculture. APEC workshop, Review of environmental principles and policies in aquaculture administration, Iquique, Chile, 1 September 2004.
- Judicial review challenges of precautionary decisions: the next phase of litigation? The precautionary principle in environmental regulation: 10 years since Leatch, Australian Centre for Environmental Law, Australian National University, Canberra, 21 November 2003.
- Pacific and Australian fisheries law: emerging challenges for distant water fishing. National Kaoshiung Marine University, Kaoshiung, 20 January 2003.
- Legal issues concerning Taiwan's fishing fleet in the Western and Central Pacific. Institute of the Law of the Sea, National Taiwan Ocean University, Keelung, 13 December 2002.
- The legal framework and enforcement experience of marine protected areas in Tasmania, New South Wales and Commonwealth waters. World Congress on Aquatic Protected Areas, Cairns, 17 August 2002.
- Environmental decision-making in a transboundary context: principles and challenges for the Denmark-Sweden Øresund fixed link. 29th International Geographical Congress, Seoul, 18 August 2000.
- The precautionary principle in Australia. Second Biennial International Conference of the Risk Assessment and Policy Association, Alexandria, Virginia, 28 March 1999.
Teaching Commitments for 2007
Spring session LAW960 Legal Studies for Professionals
In previous years at UOW Warwick has taught LLB 358 Marine Resources Law, CMP 909 International Marine Environmental Law and LLB3923 Law of the Sea.
Contact Details Phone (02)4221 4162 Fax (02)4221 3188 Email: wgullett@uow.edu.au
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