Provisional measures pending constitution of an arbitral tribunal under UN Convention on the Law of the Sea - conservation of highly migratory fish stocks - prima facie jurisdiction - urgency - preservation of the respective rights of the parties - prevention of serious harm to the marine environment - precautionary principle

Article Abstract:

The International Tribunal for the Law of the Sea ruled against Japan in Southern Bluefin Tuna, Order on Provisional Measures, giving an arbitral court jurisdiction over the dispute between Japan and New Zealand and Australia regarding the harvesting of bluefin tuna and sets fishing limits for all countries involved.

Protection and preservation, Fishery conservation, Conflict of laws, Jurisdiction, Bluefin tuna, Commercial arbitration

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Arbitration - jurisdictional effect of different dispute settlement provisions in related treaties - high seas fishing - relationship between UN Convention on the Law of the Sea and specialized treaties

Article Abstract:

The author discusses the Southern Bluefin Tuna arbitration decision between Australia/New Zealand and Japan regarding Japan's attempt to unilaterally increase their take of tuna and the tribunal's attempt to interpret various treaties governing the matter.

Australia, Japan, New Zealand, Interpretation and construction, Laws, regulations and rules, Commercial treaties, Trade agreements, Fish industry, Fisheries, Fishery law, Fishing laws

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IJC under the optimal clause - relevance of legality of act to validity of reservation in jurisdiction made in contemplation of such acts - high seas - conservation and management measures

Article Abstract:

This article discusses a case before the International Court of Justice that held it lacked jurisdiction to rule on the arrest at sea by the Canadian Coast Guard of a Spanish trawler to prevent the over-fishing of Greenland halibut. Relevant points include efforts by Spain to avoid Canada's reservation to the Court's jurisdiction and Spain's argument to the Court that Canada's reservation was in conflict with international law.

Treaties, Jurisdiction (International law), Treaty reservations

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