To find that, in this case, there is a dispute actually arising under UNCLOS which is distinct from the dispute that arose under the CCSBT
would be artificial.
97) The decisions in HSI v Kyodo and Re HSI and Minister for the Environment also relate to Australia's decisions on international affairs in terms of, respectively, Japan's so-called scientific whaling program and southern bluefin tuna fishing quotas under the CCSBT
These days there has been significant change among the delegates to the CCSBT
and many of the key bureaucrats involved in the days of those ill-fated 'tuna wars' have gone.
South Korea became an official member of the CCSBT
The outcome of the legal dispute which emerged turned on a close analysis of the dispute resolution procedures under the CCSBT
was set up in 1994 and now comprises Japan, Australia, New Zealand and South Korea.
-- which comprises Australia, New Zealand and Japan - currently sets a total allowable catch of 11,750 tons of southern bluefin tuna between the three countries.
Negotiations within the CCSBT
have stalled since Australia and New Zealand refused to increase Japan's quota for 1998, then protested Japan's 1998 experimental fishing program, which netted 1,400 tons of southern bluefin tuna above quota.
According to information from the Australian fisheries department, countries which are not signatories to the CCSBT
--principally Taiwan, Indonesia and South Korea -- catch an estimated 4,500 tons of southern bluefin tuna annually above the CCSBT
's global quota of 11,750 tons, undermining efforts at rebuilding stocks of the fish.
She said the international tribunal was a much larger body than the CCSBT
, "and it's unlikely that an international player like Japan would want to be seen to be flouting it.
Talks under the CCSBT
broke down earlier this year when Australia and New Zealand rejected Japan's request for an increased quota for 1998, as well as an additional catch of 1,400 tons under the experimental fishing program.
The 1997 quota for southern bluefin tuna under the CCSBT
was 6,065 tons.