Dr David Leary is an Associate Professor in the Faculty of Law at UTS.
Prior to entering academia he had extensive experience as a lawyer in private practice and as an in house counsel for a public company. As a lawyer he practiced primarily in commercial law which he now teaches at UTS. He also teaches Public Intenational Law, International Environmental Law, the Law of the Sea and Private International Law.
With a wide range of research interests David broadly describes his research as “Law at the frontiers of science and technology”. He is best known internationally for his work relating to the law surrounding bioprospecting and the commercialisation of marine biotechnology. His work has focused in particular on the legal status of biotechnology developed from the biodiversity of extreme environments such as the deep sea, the Arctic and Antarctica. His research findings have contributed to ongoing debate on these issues at the United Nations, the OECD and in Australia.
More recently David’s research has been looking at the legal implications of the emergence of the new field of synthetic biology and nanotechnlogy for the biotechnology industry.
Other recent research projects have included the regultion of shipping in the Arctic and Antarctica and the use of drones in scienific research in Antarcica.
His other research interests include the Law of the Sea, International Environmental Law, climate change and renewable energy.
- Solicitor, Supreme Court of New South Wales and High Court of Australia;
- Member of the Law Society of New South Wales
- Admitted as Solicitor and Barrister, Supreme Court of Western Australia
- Member, Australian and New Zealand Society of International Law
- Member, Asian Society of International Law
- Member of the Editorial Board of The Yearbook of Polar Law
- Member, Sino-Australian Research Centre for Coastal Management.
- Member International Scientific Advisory Board, Arctic Centre, Finland (2009-2011).
Can supervise: YES
- The Arctic and Antarctica
- Law of the Sea
- International environmental law
- Biodiversity conservation
- Synthetic Biology
- Renewable Energy Law
- Climate Change Law
- Environmental Law
- Commercial Law
- Law of the Sea
- International Environmental Law
- Public International Law
- Private International Law
Leary, DK 2007, International law and the genetic resources of the deep sea.
Leary, DK 2007, International Law and the Genetic Resources of the Deep Sea, 1, Martinus Nijhoff Publishers, The Netherlands.
Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.
Leary, D 2019, 'Agreeing to disagree on what we have or have not agreed on: The current state of play of the BBNJ negotiations on the status of marine genetic resources in areas beyond national jurisdiction', Marine Policy, vol. 99, pp. 21-29.View/Download from: UTS OPUS or Publisher's site
United Nations General Assembly Resolution 69/292 has committed States to develop an international legally binding instrument under the 1982 United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). The instrument must address a 'package deal' including questions relating to access and benefit sharing in relation to marine genetic resources ('MGRs') in areas beyond national jurisdiction ('ABNJ'). This paper examines the recommendations to the UN General Assembly of the recently convened Preparatory Committee (Prep-Comm) to negotiations of the international instrument relating to MGRs. It examines the less controversial issues which in the words of the Prep Comm includes 'non-exclusive elements that generated convergence among most delegations' and notes significant areas of agreement and some consequences of agreement on those points. This includes the preamble to the proposed instrument, its geographical scope, material scope, relationship to UNCLOS and other instruments and frameworks (globally and regionally). The second part of the paper then goes on to examine in detail some of the main issues on which there is a divergence of views including the ideological divide over the purported common heritage of mankind status of such resources, regulating access, the nature of the resources covered by the proposed instrument, what benefits are to be shared, the relationship with intellectual property rights and monitoring of the utilization of MGRs in ABNJ.
Leary, D 2019, 'GreenPower and Renewable Energy: Consumer Protection, Trade Practices and Energy Market Regulation in Australia', Environmental and Planning Law Journal, vol. 36, no. 2, pp. 113-126.
Green power schemes, operating outside of government mandatory
renewable energy schemes, provide a means by which electricity consumers
are assured that by paying an additional premium on top of ordinary
electricity prices the energy supplier will source an equivalent amount of
electricity generated from renewable sources. The schemes do not provide
renewable energy per se to consumers but give the consumer confidence
the energy supplier will source an equivalent amount of energy from
renewable sources. This article examines green power in Australia and its
accreditation scheme. It examines the origin and growth of GreenPower in
Australia. Rules relating to eligibility for accreditation under the GreenPower
scheme are then examined. It is argued that a significant benefit of this
scheme is the way it incorporates wider environmental and sustainability
concepts because of its requirements for environmental impact assessment
for projects seeking accreditation. The process of accreditation, ongoing
verification and monitoring of this voluntary scheme has had considerable
success in ensuring consumer confidence has been maintained. Provisions
of the Competition and Consumer Act 2010 (Cth) (CCA) provide a backup
legislative sanction should the mechanisms of the GreenPower scheme fail,
but these powers have rarely been used, attesting to the success of the
Leary, D 2018, 'Marine Genetic Resources in Areas beyond National Jurisdiction: Do We Need to Regulate Them in a New Agreement?', Maritime Safety and Security Law Journal, no. 5, pp. 22-47.View/Download from: UTS OPUS
This paper seeks to question the prevailing orthodoxy on the need for the 'package deal' on the proposed international legally-binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction to address marine genetic resources, including questions relating to access and benefit sharing. Through an examination of key documents and reports prepared over the past two decades, the first part of this paper will show that there has been little hard commercial evidence brought forward during debates at the United Nations to justify the inclusion of the marine genetic resources issue within the 'package deal'. In light of that analysis, the second part of the paper will then go on to offer some initial thoughts on the various options for regulating access and benefit sharing in relation to marine genetic resources in areas beyond national jurisdiction that have been floated during the initial phase of negotiations. In particular, the second part of this paper examines the possible elements of a draft text of an international legally binding instrument set out in the chairs non-paper considered at the 3rd session of the Preparatory Committee established by General Assembly Resolution 69/292. The paper does not seek to trace the extent to which aspects of the chairs non-paper ultimately were contained in the Prep Comm's final report to the United Nations General Assembly in late 2017. These negotiations are still ongoing and nothing definitive can be read into what was present or absent from that report. Instead, this analysis highlights which proposed elements of the international legally binding instrument would be the preferable outcome from these negotiations in light of the lack of evidence of commercial interest in marine genetic resources in areas beyond national jurisdiction.
Leary, D 2017, 'Drowning Cliefden Caves: Environmental law and geoheritage protection in New South Wales', Environmental and Planning Law Journal, vol. 34, no. 4, pp. 317-337.View/Download from: UTS OPUS
Through the lens of the current controversy surrounding the impact of a proposed dam on the Cliefden Caves in central-western New South Wales, this article highlights the need for environmental law and policy (and environmental lawyers) to pay greater attention to abiotic nature conservation and the protection of geoheritage in particular. It argues that existing environmental law in New South Wales provides inadequate protection for the State's geoheritage, and in particular for the unique geoheritage of the Cliefden Caves and associated fossil deposits of international significance. This is contrasted with the Tasmanian experience, which highlights how greater protection of geoheritage can be achieved through a combination of legislation and effective, well-resourced policy implementation.
Leary, DK 2017, 'Drones on ice: an assessment of the legal implications of the use of unmanned aerial vehicles in scientific research and by the tourist industry in Antarctica.', Polar Record, vol. 53, no. 4, pp. 343-357.View/Download from: Publisher's site
Unmanned aerial vehicles (UAVs), also known as drones, are used in scientific research and a diverse range of other applications across the globe. They are also being used increasingly for scientific research in Antarctica and to a lesser extent by tourists visiting the world's last great frontier tourist destination. Their use in scientific research in Antarctica offers many benefits to science and if used responsibly may be less invasive than other research techniques, offering a rich source of new scientific data. For tourists, UAVs also offer unique aerial photographic perspectives on Antarctica — the ultimate holiday snap shot. Concerns have been raised about the safety of drone use in the harsh and unpredictable Antarctic conditions, as well as possible environmental impacts. This paper considers these issues and the emerging regulatory response to drone use in Antarctica focusing on the Antarctic Unmanned Aerial Systems (UAS) Operator's Handbook, which provides guidelines to national Antarctic programmes on the use of UAVs in the Antarctic Treaty area, and the temporary ban on use of drones by tourists imposed by the International Association of Antarctica Tour Operators (IAATO). Both measures arguably constitute a good first response to this emerging issue, although more still needs to be done.
Leary, DK 2017, 'The prevailing wind: recent developments, challenges and future prospects for wind energy in the coastal zone in key jurisdictions in the Asia-Pacific region.', Asia Pacific Journal of Environmental Law, vol. 20, pp. 115-137.View/Download from: UTS OPUS
This article provides an update on recent developments in wind energy use in the coastal zone (both onshore and offshore) in the Asia-Pacific region with a particular focus on China, South Korea, Japan and Australia. The focus of the article is on legal and policy measures in these jurisdictions relevant to recent developments in wind energy in the
coastal zone. It argues that a range of policy measures, especially market-based mechanisms built around obligations to purchase renewable energy, including portfolio standard or quota systems, feed-in tariffs and renewable energy targets have been central to the promotion of renewable energy more broadly, and wind energy in the coastal zone in particular. However, all jurisdictions have experienced some measure of policy inconsistency as significant changes or abolition of various marketplace mechanisms have occurred over the past decade. This is contrary to industry demands for policy certainty. The article also examines the central role of environmental impact assessment in development of renewable energy projects in the coastal zone.
Leary, DK 2015, 'The IMO Mandatory International Code of Safety for Ships: Charting a sustainable course for shipping in the Polar Regions?', Yearbook of Polar Law Online, vol. 7, pp. 426-447.
Many Asian states such as China are increasingly engaged in maritime activties in the polar regions. The International Maritime Organisation (IMO) has developed a mandatory international code of safety for certain types of ships operating in polar waters (the Polar Code) which applies to vessels of Asian and non-Asian states alike. The Polar Code covers a wide range of issues including ship design and construction, equipment, operation, crew training, search and rescue and environmental protection relating to ships operating in the polar regions. This article examines the Polar Code, which will be implemented via amendments to the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). It considers the extent to which the Polar Code lays the foundations for a sustainable future for shipping in the polar regions.
Leary, DK 2015, 'The Synthetic Biology Revolution: Mapping a Future Research Agenda', The University of Tasmania Law Review, vol. 34, no. 1, pp. 110-127.
Synthetic biology represents a startling and perhaps revolutionary
development in the biosciences with significant implications for the
future of biotechnology and its interface with international environmental
law. This article identifies the challenges the synthetic biology revolution
poses for international environmental law and sets out key research
questions for the future. The note opens by first examining how synthetic
biology differs from GMO's and provides a brief insight into the current
scale of research and development relating to synthetic biology and the '
focus of its recent developments. Beyond that the article then goes on to
highlight some of the key environmental risks associated with this
revolutionary technology. The note examines the ongoing debates
surrounding synthetic biology in the forums associated with the 1992 United Nations Convention on Biblogical Diversity. Finally, the note
concludes willI a brief comment on the need for responses shaped under
international environmental law to also be linked to developments in
other areas of law especially laws dealing with weapons proliferation and
The Assembly of the IMO met for its twenty-eighth session in London from 25 November to 4 December. At this meeting, the Assembly elected the following states to be members of its Council for the period 2014–15: The IMO Council met twice in 2013 (at its 110th session on 15–19 Jul and its 111th session on 4 December). At its 111th session, parties endorsed the restructuring of the IMO sub-committees, reducing their numbers from nine to seven. The new sub-committees include:
The Assembly adopted a series of amendments and new instruments to give effect to a new mandatory audit scheme as a tool for assessing member states' performance of their obligations and responsibilities as flag, port, and coastal states under IMO treaties. Measures adopted giving effect to this new scheme...
Leary, D.K. 2013, 'Year in Review-International Maritime Organization', Yearbook of International Environmental Law, vol. 22, pp. 618-622.
Esteban, M & Leary, DK 2012, 'Current developments and future prospects of offshore wind and ocean energy', Applied Energy, vol. 90, no. 1, pp. 128-136.View/Download from: UTS OPUS or Publisher's site
The year 2008 saw the emergence of the first generation of commercial ocean energy devices, with the first units being installed in the UK and Portugal. This means that there are currently four ways of obtaining energy from sea areas, namely from wind, tides, waves and thermal differences between deep and shallow sea water. This paper focuses on current developments in offshore wind and ocean energy, highlighting the efforts currently underway in a variety of countries, principally some of the projects typically less talked about such as those in the Asian-Pacific countries. Finally, the growth potential of these industries will be assessed, using as a basis the historical trends in the offshore wind industry and extrapolating it to compute future growth potentials. Using this as a basis, the percentage of the worlds electricity that could be produced from ocean based devices is estimated to be around 7% by 2050, and this would employ a significant amount of people by this time, possibly around 1 million, mostly in the maintenance of existing installations. The paper will also evaluate the likely cost of production per kW of ocean energy technologies using a variety of learning factors
Leary, D.K. 2012, 'Australian Water Law, by Kate Stoeckel et al', Law Society Journal, vol. 50, no. 3, pp. 82-82.
Leary, DK 2012, 'Moving the Marine Genetic Resources Debate Foward: Some Reflections', The International Journal of Marine and Coastal Law, vol. 27, pp. 435-448.View/Download from: UTS OPUS or Publisher's site
This paper offers some brief reflections on issues surrounding the ongoing debate in relation to the legal status of marine genetic resources in areas beyond national jurisdiction. It considers one possible solution to the ideological divide over the relevance of the common heritage of mankind to marine genetic resources, modelled on Article IV of the Antarctic Treaty. The suitability of the International Treaty on Plant Genetic Resources for Food and Agriculture as a possible model is also considered. The fact that this later model is now being canvassed by some States marks a major step forward in international discussions on the issue. Other possible models that have been canvassed in the academic literature are also considered. The fact that these alternatives have not been canvassed at length in diplomatic discussions to date highlights the fact that a detailed examination of the wide range of possible options is urgently needed.
Esteban, M, Leary, DK, Zhang, L, Utama, A, Tezuka, T & Ishihara, K 2011, 'Job retention in the British offshore sector through greening of the North Sea energy industry', Energy Policy, vol. 39, no. 3, pp. 1543-1551.View/Download from: UTS OPUS or Publisher's site
For the case of the UK there are currently three ways of obtaining energy from sea areas, namely from wind, tides and waves. A methodology was developed to determine the future size of the offshore renewable industry based on the concept of employment factor, or the number of people required to maintain each unit of electricity production. An assessment was made of the decline in the number of people employed in oil related jobs in the North Sea and the gap that this could create in the UK's economy unless this pool of offshore expertise could find an alternative employment in the renewable sector. The paper will also investigate the effect of gradually transforming the UK's oil and gas sector into offshore renewables. If this was to happen by 2050 the UK offshore renewable industry could produce between 127 and 146 TWh of electricity, equivalent to around 5766% of the current energy consumption in the country.
Leary, D.K. 2011, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 20, no. 2009, pp. 775-779.
Leary, DK & Esteban, M 2011, 'Recent Developments in Offshore Renewable Energy in the Asia-Pacific Region', Ocean Development And International Law, vol. 42, no. 1/2, pp. 94-119.View/Download from: UTS OPUS or Publisher's site
This article examines the emergence of offshore renewable energy (i.e., offshore wind, ocean, and tidal energy) in the Asia-Pacific region with a particular focus on developments in China, South Korea, Australia, and New Zealand. It outlines plans for the development of offshore wind, tidal, and wave energy projects as well as emerging legal and policy measures supporting the growth of offshore renewable energy in the region. The article highlights that, although some progress has been made on laws and other measures to facilitate offshore renewable energy in the Asia-Pacific region, clear regulatory frameworks are still emerging in these jurisdictions
Esteban, M, Leary, DK, Zhang, L, Utama, A & Ishihara, K 2010, 'The greening of the offshore energy sector in the North Sea', International Journal of Labour Research, vol. 2, no. 2, pp. 245-267.
Leary, D.K. 2010, 'Legacies and Change in Polar Sciences: Historical, Legal and Political Reflections on the International Polar Year, edited by Jessica M Shadian and Monica Tennberg', The Yearbook of Polar Law, vol. 2, pp. 343-346.
Leary, D.K. & Walton, D.W. 2010, 'Science for profit. What are the ethical implications of bioprospecting in the Arctic and Antarctica?', Ethics in Science and Environmental Politics, vol. 10, no. 1-4, pp. 1-4.
Leary, DK 2010, 'The Corporatisation of International Responses to Climate Change: The Global Carbon Capture and Storage Institute', Asia Pacific Journal of Environmental Law, vol. 13, no. 1, pp. 17-37.View/Download from: UTS OPUS
Leary, DK & Walton, DWH 2010, 'Science for profit. What are the ethical implications of bioprospecting in the Arctic and Antarctica?', Ethics in Science and Environmental Politics, vol. 10, no. 1, pp. 1-4.View/Download from: Publisher's site
The value of chemical compounds and their genetic sources in species from the polar regions is becoming widely recognised as a resource not yet fully exploited. Bioprospecting is a growing activity in the Arctic, where the states concerned are signatories to the Convention on Biological Diversity, providing a national framework for ownership, management and control of the activities. In the Antarctic, no such framework exists, and with increasing interest in both microbes and marine species there are concerns that uncontrolled exploitation will damage biodiversity, inhibit scientific research and data exchange, and (through disputes) undermine the authority of the Antarctic Treaty. Papers in this Theme Section highlight the ethical problems of commercialisation of science in the Antarctic for both governments and individuals, and discuss the concept of exclusive reward in a global common, leading finally to a suggestion that a new legal instrument is needed to manage Antarctic bioprospecting for the future. © Inter-Research 2010.
Leary, D.K. 2009, 'Climate Change and other Human Rights Challenges in the Arctic', Human Rights Defender, vol. 18, no. 2, pp. 14-16.
Leary, D.K. 2009, 'Climate Code Red: the case for emergency action, by David Spratt & Philip Sutton', Law Society Journal, vol. 47, no. 1, pp. 78-78.
Leary, D.K. 2009, 'Globalisation and the Western Legal Tradition: Recurring Patterns of Law and Authority, by David B Goldman', Law Society Journal, vol. 47, no. 1, pp. 77-77.
Leary, D.K. 2009, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 19, no. 2008, pp. 674-680.
Leary, D.K. 2009, 'Law at the Vanishing Point: A Philosophical Analysis of International Law, by Aaron Fichtelberg', Law Society Journal, vol. 47, no. 2, pp. 90-90.
Leary, D.K. 2009, 'Yasuni Green Gold: The Amazon Fight to Keep Oil Underground, by Gines Haro Pastor and Georgina Donati', Law Society Journal, vol. 47, no. 7, pp. 83-83.
Leary, D.K. & Esteban, M. 2009, 'Renewable Energy from the Ocean and Tides: A Viable Renewable Energy Resource in Search of a Suitable Regulatory Framework', Carbon and Climate Law Review, vol. 3, no. 4, pp. 417-425.View/Download from: UTS OPUS
Leary, DK 2009, 'From Bali to Poznan: An assessment of Australia's response to climate change in 2008', Environmental and Planning Law Journal, vol. 26, no. 3, pp. 190-212.View/Download from: UTS OPUS
Australia has moved rapidly from being one of the coalition of the unwilling (that small group of countries whose policy response to climate change was directed by a group of self-confessed climate change sceptics) to a nation that is beginning to take its responsibility to act on climate change seriously and is now playing its part in shaping an effective international response to climate change, but much still remains to be done. This article examines major developments in climate change law and policy in Australia in 2008. This includes the Carbon Pollution Reduction Scheme (CPRS), outlined in the recently released White Paper on the CPRS; the positions adopted by Australia at the 14th Meeting of the Conference of Parties to the United Nations Framework Convention on Climate Change on Reducing Emissions for Deforestation and Degradation (REDD) in developing countries, held in Poznan, Poland; and the role of carbon capture and storage (CCS) in the post-2012 climate change regime. Major structural defects in the CPRS, such as the low medium-term target for emission reductions, the exemption of significant polluters from the CPRS's initial start up phase, the emphasis on the unproven technology of CCS both domestically and in Australia's negotiating stance in the lead up to the crucial Copenhagen meeting in 2009, as well as the failure to engage with the significant opportunities presented by energy efficiency and renewable energy, are all significant weaknesses in Australia's new found engagement with climate change.
Leary, DK 2009, 'Looking beyond the International Polar Year: What are the Emerging and Re-emerging Issues in International Law and Policy in the Polar Regions?', The Yearbook of Polar Law, vol. 1, pp. 1-19.View/Download from: UTS OPUS
Leary, DK & Esteban, M 2009, 'Climate Change and Renewable Energy from the Ocean and Tides: Calming the Sea of Regulatory Uncertainty', The International Journal of Marine and Coastal Law, vol. 24, no. 4, pp. 617-651.View/Download from: UTS OPUS or Publisher's site
We examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts
Leary, DK, Vierros, M, Hamon, G, Arico, S & Monagle, C 2009, 'Marine genetic resources: A review of scientific and commercial interest', Marine Policy, vol. 33, pp. 183-194.View/Download from: UTS OPUS or Publisher's site
Marine genetic resources both within and beyond national jurisdiction have been the focus of international negotiations in a range of forums in recent years. One recurrent theme throughout these discussions has been the absence of detailed information upon which policy responses to the emerging issue of the conservation and sustainable use of marine genetic resources (especially in areas beyond national jurisdiction) could be based. In an effort to address some of these knowledge gaps, this article examines the level and nature of scientific and commercial interest in marine genetic resources, including in areas beyond national jurisdiction. It also examines the changing perspectives of the scientific community in relation to the potential of marine genetic resources.
Leary, D.K. 2008, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 18, no. 2007, pp. 663-670.
Leary, D.K. 2008, 'International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 17, no. 2006, pp. 734-740.
Leary, D.K. 2008, 'Killing Civilians: Method, Madness and Morality in War, by Hugo Slim', Law Society Journal, vol. 46, no. 7, pp. 91-91.
Leary, D.K. 2008, 'The Standing of Civil Society to Enforce Commonwealth Environmental Law Under Section 475 of the Environment Protection and Biodiversity Conservation Act and its International Implications: The Japanese Whaling Case and the Law of Unintended Conseque', Macquarie Law Journal, vol. 8, pp. 153-178.View/Download from: UTS OPUS
Leary, D.K. 2008, 'Worst of the Worst: Dealing with Repressive and Rogue Nations, edited by Robert I Rotberg', Law Society Journal, vol. 46, no. 2, pp. 87-87.
Leary, DK 2008, 'Bi-polar Disorder? Is Bioprospecting an Emerging Issue for the Arctic as well as for Antarctica?', Review of European Community and International Environmental Law, vol. 17, no. 1, pp. 41-55.View/Download from: UTS OPUS or Publisher's site
Bioprospecting has recently emerged as a new challenge for environmental governance in Antarctica. While considerable attention now surrounds this issue in Antarctica, there has been little, if any, debate on the question of whether bioprospecting is also an issue requiring a policy or regulatory response in the Arctic. This article briefly considers the emerging debate with respect to bioprospecting in Antarctica. It then provides a detailed survey of the nature and extent of bioprospecting in the Arctic, with a focus on the Nordic countries. It goes on to outline legislative developments in several Nordic countries concerning the regulation of access and benefit sharing in relation to naturally occurring biological materials of actual or potential value commonly referred to as wild genetic resources. It concludes by highlighting some potential disputes raised by the creation of such regimes, especially around the disputed waters of Svalbard. This analysis suggests that a more coordinated regional response may be warranted in the Arctic in the future.
Leary, DK 2008, 'Greenland's new legislation on commercial and research-related use of biological resources: implications for the International Polar Year and later', Polar Record, vol. 44, no. 2, pp. 97-106.View/Download from: UTS OPUS or Publisher's site
New possibilities for economic development have been identified by the Greenland Home Rule Government in recent years. One of these is the potential for development of biotechnology based on Greenlands biodiversity. To ensure that Greenland shares in benefits derived from the exploitation of these resources the Home Rule Parliament recently enacted legislation on commercial and research-related use of biological resources that is premised on rights recognised by the 1992 Convention on Biological Diversity. This legislation represents the first law in an Arctic jurisdiction specifically to create a mechanism for access and benefit sharing in relation to Arctic genetic resources. The main area of research and commercial interest so far relates to potential developments in biotechnology from the microbial diversity of ikaite tufa columns located in the Ikka Fjord in southwest Greenland. The legislation seeks to provide a mechanism for regulating access to such biological resources and a means for Greenland to share in the potential benefits that may come from scientific research on them and subsequent commercialisation. Much research in Greenland now falls within the scope of this legislation. The purpose of this article is to explain the provisions of the legislation to the polar research community as well as to review its implications for research in the International Polar Year and later. The legislation imposes many new obligations on researchers in Greenland including obligations to obtain survey licences, obligations on reporting and the regulation of publication of scientific research. Commercially focussed research is also tightly regulated with a particular emphasis on patent rights. However, many aspects of the legislation are uncertain and it is unclear how much of the legislation will be implemented in practice.
Pisupati, B, Leary, DK & Arico, S 2008, 'Access and Benefit Sharing: Issues Related to Marine Genetic Resources', Asian Biotechnology and Development Review, vol. 10, no. 3, pp. 49-68.View/Download from: UTS OPUS
Since the entry ip.to force of the CSD in 1993, countries have struggled to find answers to several questions relat.ed to ADS issues and have spent considerable amou~ts of time, energy and money in understanding how to operationalise these principles. One critical area that is beginning to appear during the discussions under the international regime is the status of marine genetic resources with a particular emphasis emerging on genetic resOurces available in areas beyond national jurisdiction. This paper presents some key legal and policy issues that negotiators of the international regime on ABS need to consider in relation to marine genetic resources.
Leary, D.K. 2007, 'Faces in the Street: Louisa and Henry Lawson and the Castlereagh Street Push, by Pip Wilson', Law Society Journal, vol. 45, no. 9, pp. 93-93.
Leary, D.K. 2007, 'Natural Resource Management and Conservation - Fisheries and Marine Mammals', Yearbook of International Environmental Law, vol. 16, no. 2005, pp. 470-487.
Leary, DK 2007, 'Biotechnology and International Law, edited by Francesco Francioni and Tulio Scovazzi', Review of European Community and International Environmental Law, vol. 16, no. 2, pp. 247-248.
M, SS, Elliott, W, Pisupati, B, Leary, DK & Okada, Y 2007, 'Symposium: "Biodiversity and Climate Change"', Environmental Policy and Law, vol. 37, no. 5, pp. 422-424.
Leary, D.K. 2006, 'The Precautionary Principle in Practice: Environmental Decision-Making and Scientific Uncertainty, by Jacqueline Peel', Alternative Law Journal, vol. 31, no. 3, pp. 179-179.
Leary, D.K. 2005, 'Collapse: How Societies Choose to Fail or Survive, by Jared Diamond', Macquarie Journal of International and Comparative Environmental Law, vol. 2, no. 2, pp. 125-127.
Leary, D.K. 2005, 'Conservation and management of vulnerable deep-water ecosystems in areas beyond national jurisdiction: are marine protected areas sufficient?', Parks, vol. 15, no. 3, pp. 57-64.
Leary, D.K. & Chakraborty, A. 2005, 'New Horizons in the Law of the Sea', Victoria University of Wellington Law Review, vol. 36, no. 4, pp. 675-681.
Leary, D.K. 2004, 'Bioprospecting and the Genetic Resources of Hydrothermal Vents on the High Seas: What is the Existing Legal Position, Where are we Heading and What are our Options?', Macquarie Journal of International and Comparative Environmental Law, vol. 1, no. 2, pp. 137-178.
Leary, DK 2004, 'Emerging Legal Regimes Regulating Bioprospecting for Thermophiles and Hyperthermophiles of Hydrothermal Vents', Marine Biotechnology, vol. 6, no. Supplement 1, pp. 351-359.
Emerging legal regimes regulating access to hydrothermal vents for marine scientific research (MSR) and bioprospecting are now taking shape at three levels. First, possible options for regulating access to the genetic resources of the deep sea on the high seas are being considered by parties to the Convention on Biological Diversity.
Leary, DK 2018, 'International Environmental Law, Sustainable Generation of Energy from the Ocean and Small Island Developing States in the Pacific' in Kotzur, M, Matz-Lück, N, Proells, A, Verheyen, R & Sanden, J (eds), Sustainable Ocean Resource Governance. Deep Sea Mining, Marine Energy and Submarine Cables, Brill-Nijhoff, Leiden, pp. 84-100.View/Download from: UTS OPUS or Publisher's site
Pacific Island countries and territories (PICTs) are heavily dependent upon
imported fossil fuel to meet their energy needs.1 The combined effect of low
GDP, high energy prices, small population density and remoteness means that
PICTs are extremely vulnerable to external energy crises.2 The importance of
energy security for PICTs and the role renewable energy can play in providing
such security in a sustainable manner has been recognized in a range of soft
law instruments and other international initiatives over the past few decades.
While there has been developed a range of different technologies that harness
energy from the oceans, most research has focused on three key areas:
(1) hydrokinetic energy, where the energy of ocean currents and tides are captured
by devices which are installed under the surface of the water; (2) wave
energy, where the energy of the surface wind waves is used to produce electricity
by a variety of devices installed on the surface of the Sea; and (3) Ocean
thermal Energy conversion or OTEC, which utilizes the temperature differential
between cold water from the deep ocean and warm surface water.3 This
paper considers the potential role that these technologies could play in sustainably
meeting the energy needs of PICTs
Leary, DK 2016, 'The Australian Renewable EnergyTarget scheme: a case study of theimpact of uncertainty on amarket- based mechanism' in Stoianoff, N, Kreiser, L, Butcher, B, Milne, J & Ashiabor, H (eds), Green Fiscal Reform for a Sustainable Future Reform, Innovation and Renewable Energy, Edward Elgar Publishing, United Kingdom, pp. 187-203.View/Download from: UTS OPUS or Publisher's site
A wide range of policy options, including a range of market-based mechanisms are available to governments to support the development of renewable energy. These options include provision of investment incentives such as grant programmes, tax measures such as investment and production tax credits, government procurement policies, and guaranteed price systems such as feed-in tariffs. More common mechanisms include various market-based schemes built around obligations to purchase renewable energy, including portfolio standard or quota systems, and a binding renewable energy target. All of these options are present in some form or other in various government responses to climate change and in efforts to promote the development of renewable energy across Australia. By far the most important of these mechanisms has been the Mandatory Renewable Energy Target (MRET) scheme established under the Renewable Energy (Electricity) Act 2000 (Cth). This scheme was originally established to spur investment in renewable energy generation in Australia. This chapter argues that this core policy objective has been undermined by a constant stream of government-sponsored inquiries, reviews and legislative amendments that have created uncertainty and undermined investor confidence in the renewable energy industry. This chapter argues that the Australian experience demonstrates a fundamental lesson that the best way to destroy, or at a minimum undermine, the effectiveness of a market-based mechanism is to create a continual climate of uncertainty through inquiries and reviews and numerous amendments to the scheme.
Leary, DK 2014, 'From hydrocarbons to psychrophiles: the 'scramble' for Antarctic and Arctic resources' in Stephens, T & VanderZwaag, DL (eds), Polar Oceans Governance in an era of environmental Change, Edward Elgar Publishing, Cheltenham U.K., pp. 125-145.View/Download from: UTS OPUS
Leary, DK & Juniper, SK 2014, 'Addressing the Marine genetic resources issue: Is the debate heading in the wrong direction?' in Schofield, C, Lee, S & Kwon, MS (eds), The Limits of Maritime Jurisdiction, Martinus Nijhoff Publishers, Leiden, pp. 769-785.View/Download from: UTS OPUS
Leary, D.K. 2011, 'Marine Genetic Resources: the Patentability of Living Organisms and Biodiversity Conservation' in Jacquet, P., Pachauri, R.K. & Tubiana, L. (eds), Oceans: The New Frontier, TERI Press, Delhi, India, pp. 183-193.View/Download from: UTS OPUS
Leary, D.K. & Pisupati, B. 2010, 'Emerging technologies: Nanotechnology' in Leary, D. & Pisupati, B. (eds), The Future of International Environmental Law, United Nations University Press, Tokyo, pp. 227-246.View/Download from: UTS OPUS
Leary, DK 2010, 'International Law and the Genetic Resources of the Deep Sea' in Vidas, D (ed), Law, Technology and Science for Oceans in Globalisation. IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf, Martinus Nijhoff Publishers, Leiden and Boston, pp. 353-369.View/Download from: UTS OPUS
Leary, D.K. 2010, 'Sustainable Management of Deep Sea Mining in the Pacific Region: Is this an Oxymoron? - A Lawyers Viewpoint', Proceedings of 2nd International Seminar on Islands and Oceans, 2nd International Seminar on Islands and Oceans, Ocean Policy Research Foundation, Tokyo, Japan, pp. 213-222.
Leary, D.K. 2010, 'Ocean Energy Opportunities and Challenges in the Pacific Islands Region within the Context of Climate Change', Proceedings of International Seminar on Islands and Oceans 2010, International Seminar on Islands and Oceans 2010, Ocean Policy Research Foundation, Tokyo, pp. 34-47.
Leary, D.K. 2008, 'Nanotechnology in agriculture: the emerging international debate on the need for regulation', Sustainability on Food, Feed, Fiber, Water, Energy: Science, Technologies, and Global Strategies, International Conference on Sustainable Agriculture for Food, Energy and Industry 2008 (ICSA2008), Hokkaido University, Research Faculty of Agriculture, Sapporo, Japan, pp. 344-351.
Leary, D.K. 2007, 'Lessons from the Arctic: The power of the Arctic experience to shape environmental governance in the Antarctic', Knowledge and Power in the Arctic, University of Lapland, Arctic Centre, Rovaniemi, pp. 43-50.
Leary, D.K. 2005, 'Market Based Mechanisms, Biodiversity Banking and Threatened Species Protection in Australia', The proceedings of the International Forum on Environmental Legislation and Sustainable Development, International Forum on Environmental Legislation and Sustainable Development Organizing Committee, Beijing, China, pp. 223-236.
Leary, D.K. 2002, 'Law Reaches New Depths: The Endeavour Hydrothermal Vents Marine Protected Area', Aquatic Protected Areas: What works best and how do we know?, Australian Society for Fish Biology, Cairns, Australia, pp. 86-95.
Larsen, JN & Fondahl, G Nordic Council or Ministers 2015, Arctic Human Development Report. Regional Processes and Global Linkages., pp. 221-252, Denmark.View/Download from: UTS OPUS or Publisher's site
Esteban, M., Websersik, C. & Leary, D.K. Henley Media Group Ltd in association with the Commonwealth Secretariat 2009, Nanotechnology, ocean energy and forestry - making climate change mitigation work, pp. 163-169, United Kingdom.
Esteban, M., Webersik, C., Leary, D.K. & Thompson-Pomeroy, D. United Nations University Institute of Advanced Studies (UNU-IAS) 2008, Innovation in Responding to Climate Change: Nanotechnology, Ocean Energy and Forestry, pp. 1-46, Japan.View/Download from: UTS OPUS
Leary, D.K. United Nations University Institute of Advanced Studies (UNU-IAS) 2008, Looking Beyond the International Polar Year: Emerging and Re-emerging Issues in International Law and Policy in the Polar Regions, pp. 1-62, Japan.View/Download from: UTS OPUS
Vierros, M., Hamon, G., Leary, D.K., Arico, S. & Monagle, C. United Nations University, Institute of Advanced Studies; UNESCO 2007, An Update on Marine Genetic Resources: Scientific Research, Commercial Uses and a Database on Marine Bioprospecting, New York.
This paper highlights several aspects of the emerging body of law relating to renewable energy across Australia with a particular focus on the east coast jurisdictions. It argues that pricing carbon (the incorrectly named 'carbon tax') and the renewable energy target scheme are actually only a small part of the regulatory equation when it comes to renewable energy in Australia. Focusing on regulation of the national electricity market and planning law, the paper argues that proponents of renewable energy projects face a myriad of regulatory hurdles that often act contrary to the professed legislative objective of both the carbon price and the renewable energy scheme to promote the growth of renewable energy.