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This article is a book review of E W Thomas The Judicial Process (Cambridge University Press, Cambridge, 2005) (414 + xxvi pages) Hardback NZ$180. In his belief that too many judges are simply 'muddling along' without a sound conception of what their role entails, Justice Thomas (a retired judge) has written a book putting forward a theory of judicial decision-making. The book represents the development of Thomas' thinking since an earlier monograph on the subject, but the two pillars on which he bases his theory remain unchanged: that the demands of justice in the individual case, and the requirement that the law meets society's reasonable needs, be at the forefront of every judgment. Marten notes that the book is deliberately pitched at a level that many people can read and enjoy. On the whole, Marten states that the book is a well-written and engaging book by one of New Zealand's most distinctive judges.

This article discusses the enforcement of shipping standards, with a particular focus on Part XII of UNCLOS. Section 6 of Part XII contains the only comprehensive set of vessel-related enforcement provisions in the Convention, but the Part's scope is limited to "the preservation and protection of the marine environment." Therefore, not all shipping standards fall clearly within Part XII's ambit, including those centered on safety, security, and crewing considerations. The enforcement provisions of Section 6 are favorable to flag states and their vessels, and Section 7 contains a number of safeguards for their benefit, so it is in the interests of these parties to have coastal state enforcement governed by Part XII. However, the ability of coastal states to establish and enforce shipping standards that apply within the territorial sea extends to more than just environmental matters. The result is that different standards give rise to different enforcement powers, depending on the maritime zone in which a vessel is located, even if those standards arise from the same international agreement. It is suggested that to remedy these problems, UNCLOS would need to be amended in order to provide a comprehensive enforcement regime for the enforcement of shipping standards.

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