Book

The other Australia/Japan living marine resources dispute : inferences on the merits of the southern bluefin tuna arbitration in light of the whaling case

Serdy, Andrew, author

Overview

In 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal's jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts' reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified -- Back cover.

• Publisher: Brill
• Subject: Law of the sea. / Marine resources conservation Law and legislation Japan. / Marine resources conservation Law and legislation Australia. / Marine resources conservation Law and legislation New Zealand. / Arbitration and award Japan. / Arbitration and award Australia. / Arbitration and award New Zealand. / Bluefin tuna Conservation Law and legislation. / Marine resources. / Australia. / Japan.
• ISBN: 9789004339446, 9004339442

Item info:

1 item available

1 item total in all locations

Holdings :

Call Number	Copies	Material	Location
K3485.S47 2017	1	BOOK	AUTOSTORE