The Other Australia/Japan Living Marine Resources Dispute

The Other Australia/Japan Dispute on Living Marine Resources: Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Decision in the Whaling Case
Andrew Serdy Faculty of Business, Law and Art University of Southampton
1Introduction
2The Whaling case judgment
3Southern bluefin tuna: the fish
4Historical overview of the Japanese SBT fishery
5First interactions
6The state of the stock
7The first quotas and their subsequent reduction
8Gestation of the dispute - interpretation of CPUE
9Impasse in the CCSBT
10Japan's experimental fishing
11The relevant law identified in the Statements of Claim
12The ITLOS hearing and Order
13The parties' arguments before the Annex VII Arbitral Tribunal
14The Annex VII Arbitral Tribunal's Award on jurisdiction
15Resolution of the dispute
aThe SBT Scientific Research Program
bJapanese commercial catch affected by the ITLOS Order
cThe new-old quota of 2003
16Issues left unresolved because the case did not go to the merits
aPossible damaging admissions by Japan in the Indian Ocean Tuna Commission
bBest scientific evidence (design of the experimental fishing programme and analysis of its results)
cThe allegation that Japan's experimental fishing was commercially motivated
dDecision-making in the CCSBT and the duty of cooperation
eThe relationship between conservation and optimum utilisation
17Concluding observations
APPENDIX SBT fishery science
Maximum sustainable yield - the surplus production model of fisheries
Virtual population analysis
Scientific advice to managers