Determining the fate of Southern Bluefin Tuna - International Tribunal for the Law of the Sea (1999) New Zealand ν Japan; Australia ν Japan

Environmental and Planning Law Journal

Volumn 17, Issue 3, 2000, Pages 157-164

  Baldock, Julia ^a  

^a AUSTRALIAN NATIONAL UNIVERSITY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 4344676643     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Note

References (42)

1. Commission for the Conservation of Southern Bluefin Tuna Fact Sheet: http://www.nexus.edu.au/schools/pIhs/tuna/commisn.
2. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
3. Commission for the Conservation of Southern Bluefin Tuna Fact Sheet: http://www.nexus.edu.au/schools/pIhs/tuna/commisn.
4. Commission for the Conservation of Southern Bluefin Tuna Fact Sheet: http://www.nexus.edu.au/schools/pIhs/tuna/commisn.
5. International Tribunal for the Law of the Sea (1999) New Zealand v Japan
6. Australia v Japan, Request for provisional measures-Order, p 1, as at website: http://www.un.org/Depts/los/ITLOS/Order-tuna34.htm
7. Commission for the Conservation of Southern Bluefin Tuna Fact Sheet: http://www.nexus.edu.au/schools/pIhs/tuna/commisn.
8. International Tribunal for the Law of the Sea Press Release No 24 "Dispute Concerning Southern Bluefin Tuna-Australia and New Zealand versus Japan-Provisional Measures Requested" as at http://www.un.org/Depts/los/Press/ITLOS/ITLOS_24.html
9. International Tribunal for the Law of the Sea Press Release No 24 "Dispute Concerning Southern Bluefin Tuna-Australia and New Zealand versus Japan-Provisional Measures Requested" as at http://www.un.org/Depts/los/Press/ITLOS/ITLOS_24.html
10. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
11. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
12. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
13. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
14. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
15. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
16. Environment News Service (1999) "Southern Bluefin Tuna Threatened by Japan's Overfishing" at website: http://ens.lycos.com/ens/aug99/1999L-08-23-04.html
17. Environment News Service (1999) "Bluefin Tuna Fishing could Land Japan in Court" at website: http://ens.Iycos.com/ens/jun99/1999L-06-l l-04.html
18. International Tribunal for the Law of the Sea Press Release No 24 "Dispute Concerning Southern Bluefin Tuna-Australia and New Zealand versus Japan-Provisional Measures Requested" as at http://www.un.org/Depts/los/Press/ITLOS/ITLOS_24.html
19. Environment News Service (1999) "Southern Bluefin Tuna Threatened by Japan's Overfishing" at website: http://ens.lycos.com/ens/aug99/1999L-08-23-04.html
20. Environment News Service (1999) "Southern Bluefin Tuna Threatened by Japan's Overfishing" at website: http://ens.lycos.com/ens/aug99/1999L-08-23-04.html
21. ITLOS Press Release No 26 "Dispute Concerning Southern Bluefin Tuna-Australia and New Zealand versus Japan-Hearing to Commence on 18 August 1999, Short Public Sitting on 16 August 1999 to Deal with Preliminary Procedural Matters" as at http://www.un.org/Depts/los/Press/ITLOS/ITLOS_26.html
22. Art 290 of UNCLOS at para 5, states: "Pending the constitution of an arbitral tribunal to which a dispute has been submitted under this section, any court or tribunal agreed upon by the parties or, failing such agreement within two weeks from the date of the request for provisional measures, the International Tribunal for the Law of the Sea or, with respect to activities in the Area, the Seabeds Dispute Chamber, may prescribe, modify or revoke provisional measures in accordance with this article if it considers that prima facie the tribunal which is to be constituted would have jurisdiction and that the urgency of the situation so requires. Once constituted, the tribunal to which the dispute has been submitted may modify, revoke or affirm those provisional measures, acting in conformity with paragraphs 1 to 4. "
23. Environment News Service (1999) "Southern Bluefin Tuna Threatened by Japan's Overfishing" at website: http://ens.lycos.com/ens/aug99/1999L-08-23-04.htmI, and ITLOS Press Release No 25 "Japan Files Response and Counter Request for Provisional Measures in Case Concerning Conservation of Tuna" as at website: http://www.un.org/Depts/Ios/Press/ITLOS/ITLOS_25.html
24. Article 33, para 1 of which states: the parties to any dispute, the continuance of which is likely to endanger the maintenance of peace and security, shall first of all seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
25. Statute of the International Tribunal for the Law of the Sea: Annex VI UNCLOS, at website: http://www.un.org/Depts/los/unclos/closindx.htm. 14 November 1999.
26. This choice can be made by written declaration "when signing, ratifying or acceding to this Convention or at any time thereafter".
27. Helen Temple, "The Conservation of Industrial Relics in New South Wales" (1985) Autumn Heritage Australia 22, 23
28. B Mansfield, quoted during the proceedings of the Southern Bluefin Tuna cases held on 18 August 1999 as at http://www.un.org/Depts/Ios/ITLOS/PV99_20_E.htm
29. N Harvey, Environmental Impact Assessment: Procedures, Practice and Prospects in Australia (Oxford, Melbourne, 1998), p 3.
30. Article 116-Right to fish on the high seas: All States have the right for their nationals to engage in fishing on the high seas subject to: (a) their treaty obligations b) the rights and duties as well as the interests of coastal States provided for, inter alia, in article 63, paragraph 2, and articles 64 to 67 and (c) the provisions of this section. Article 117-Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas: All States have the duty to take, or to cooperate with other States in taking, such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas. Article 118-Cooperation of States in the conservation and management of living resources: States shall cooperate with each other in the conservation and management of living resources in the areas of the high seas. States whose nationals exploit identical living resources, or different living resources in the same area, shall enter into negotiations with a view to taking the measures necessary for the conservation of the living resources concerned. They shall, as appropriate, cooperate to establish subregional or regional fisheries organizations to this end. Articlel 19-Conservation of the living resources of the high seas: 1. In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, States shall: (a) take measures which are designed, on the best scientific evidence available to the States concerned, to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global (b) take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened. 2. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned. 3. States concerned shall ensure that conservation measures and their implementation do not discriminate in form or in fact against the fishermen of any State.
31. D Williams, quoted during the proceedings of the Southern Bluefin Tuna cases held on 18 August 1999 as at website: http://www.un.org/Depts/los/ITLOS/PV99_20_E.htm
32. Economist (1998) "Fallen idol", 20 June.
33. Economist (1998) "Japan. Politicians on a see-saw", 10 January.
34. N Harvey, Environmental Impact Assessment: Procedures, Practice and Prospects in Australia (Oxford, Melbourne, 1998), p 3.
35. N Harvey, Environmental Impact Assessment: Procedures, Practice and Prospects in Australia (Oxford, Melbourne, 1998), p 3.
36. Economist (1998) "Japanese food. Palletable", 19 December.
37. Economist (1998) "Tuna war in the Antipodes", 18 July.
38. Economist (1998) "Tuna war in the Antipodes", 18 July.
39. N Harvey, Environmental Impact Assessment: Procedures, Practice and Prospects in Australia (Oxford, Melbourne, 1998), p 3.
40. Jeremy Waldron, "What is Private Property?" (1985) 5 Oxford Journal of Legal Studies 313, 320-1
41. N Harvey, Environmental Impact Assessment: Procedures, Practice and Prospects in Australia (Oxford, Melbourne, 1998), p 3.
42. N Harvey, Environmental Impact Assessment: Procedures, Practice and Prospects in Australia (Oxford, Melbourne, 1998), p 3.