I. The Southern Bluefin Tuna Arbitration
Bibliographic Data
| ID | 9929869 |
|---|---|
| Authors | Malcolm D Evans (corresponding author), Alan Boyle |
| Year | 2001 |
| Volume | 50 |
| Issue | 2 |
| Pages | 447-452 |
| Publication date | 2001-04-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1093/iclq/50.2.447 |
| OpenAlex | W2207745356 |
| Language | EN |
| Citations received | 3 |
| References cited | 1 |
Readers of last October's I.C.L.Q. will recall that this case started life in the International Tribunal for the Law of the Sea when Australia and New Zealand were granted provisional measures against Japanese high seas tuna fishing in the Pacific. 1 That Tribunal had held that the provisions of the 1982 UN Convention on the Law of the Sea (“1982 UNCLOS”) invoked by Australia and New Zealand appeared to afford a basis on which the jurisdiction of an arbitral tribunal might be founded; that the fact that the 1993 Convention on Conservation of Southern Bluefin Tuna applied between the parties did not preclude recourse to the compulsory dispute settlement procedures in Part XV of the 1982 UNCLOS; and that an arbitral tribunal would prima facie have jurisdiction over the merits of the dispute. 2 Notwithstanding this necessarily provisional view, when the parties then proceeded to arbitration, Japan maintained its initial preliminary objections, and the award handed down in August 2000 thus deals only with the jurisdiction of the arbitrators. 3 The facts and background to the case are set out in the earlier case-note and need not be repeated here
Arbitration · Business · Convention · International law · Jurisdiction · Law of the sea · Political science · Public international law · Settlement (finance · Tribunal · United Nations Convention on the Law of the Sea · Arctic and Russian Policy Studies · International Environmental Law and Policies · International Maritime Law Issues · Law
| Citations per year | 0.14 |
|---|---|
| Citation span | 2004 - 2025 (22) |
| Highly cited | No |