Southern Bluefin Tuna Case: Australia and New Zealand v. Japan

Sturtz, Leah
August 2001
Ecology Law Quarterly;2001, Vol. 28 Issue 2, p455
Academic Journal
In 1999, Australia and New Zealand sued Japan for its overfishing of the southern bluefin tuna, in violation of the Convention for the Conservation of Southern Bluefin Tuna (CCSBT) and the United Nations Convention for the Law of the Sea (UNCLOS). The International Tribunal for the Law of the Sea (ITLOS), in the first case of this kind, found for Australia and New Zealand and issued protective provisional measures while an ad hoc arbitral tribunal was formed. The arbitral tribunal, however, found it and ITLOS lacked jurisdiction as the case fell primarily under the CCSBT, to the exclusion of UNCLOS. The decision strikes a blow to the environmental movement, as well as throws the compulsory jurisdiction of the United Nations Convention for the Law of the Sea into jeopardy.


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