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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

Churchill, Robin Rolf 2000. 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. International and Comparative Law Quarterly 49 (4) , pp. 979-990. 10.1017/S0020589300064794

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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.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Oxford University Press
ISSN: 0020-5893
Last Modified: 12 Feb 2016 23:21
URI: http://orca-mwe.cf.ac.uk/id/eprint/60606

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