International Tribunal for the Law of the Sea the Southern Bluefin Tuna Cases (New Zealand v. Japan : Australia v. Japan) : order for provisional measures of 27 August 1999 : decisions of international tribunals

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    Abstract

    Under Part XV of the 1982 United Nations Convention on the Law of the Sea, any dispute concerning the interpretation or application of the Convention which cannot be settled by the consensual means set out in section 1 of that Part, may be referred by any party to the dispute for compulsory settlement under section 2. There are four possible fora for such settlement—the International Court of Justice, the International Tribunal for the Law of the Sea (hereafter ITLOS), an arbitral tribunal constituted in accordance with Annex VII of the Convention, and a special arbitral tribunal constituted in accordance with Annex VIII. If the parties to a dispute have made a declaration under Article 287 (which is optional) specifying their choice of forum, and their choices coincide, that body will be the forum for the settlement of the dispute. If their choices do not coincide or if not all parties have made a declaration, the forum for settlement will be an Annex VII arbitral tribunal.
    Original languageEnglish
    Pages (from-to)979-990
    Number of pages12
    JournalInternational and Comparative Law Quarterly
    Volume49
    Issue number4
    DOIs
    Publication statusPublished - Oct 2000

    Keywords

    • International Tribunal for the Law of the Sea
    • Japan
    • Southern bluefin tuna

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