(461) In fact, the CCSBT
, IATTC, ICCAT, and IOTC already require
governs the conservation of Southern Bluefin tuna throughout its
With respect to the first requirement, the tribunal found that Article 16 constituted an agreement "to seek settlement of the dispute by a peaceful means of their own choice," even though (1) Article 16 applies only to CCSBT
disputes, not UNCLOS disputes; (2) Article 16 provides for multiple (not "a") peaceful means of settlement; (3) Article 16 is open-ended in also allowing for "other peaceful means of [the parties'] own choice"; and (4) "[n]o particular procedure [among the choices had] been chosen by the Parties." (57) The first point is perhaps the most critical.
(65) After almost a decade of informal cooperation in the conservation and utilisation of southern bluefin tuna, (66) Australia, New Zealand and Japan decided to formalise their cooperation in 1993 with the adoption of the CCSBT
. The CCSBT
is intended 'to ensure, through appropriate management, the conservation and optimal utilisation of southern bluefin tuna.' (67) The main features of the CCSBT
include the creation of the Commission for the Conservation of Southern Bluefin Tuna ('SBT Commission') (68) and, through it, a mechanism for the establishment of a total allowable catch and its allocation among the parties.
(22) The measures by the other two tuna organizations have not been operational sufficiently long (beginning between 2001 and 2003) to determine effects at this stage, but in the case of the CCSBT
, trade with nonparty states has decreased significantly since the program was introduced.
In fact, trade documents have been issued for tuna and swordfish by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT
) and the Indian Ocean Tuna Commission (IOTC), (165) and for patagonian toothfish by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR).
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
Relations within the CCSBT
deteriorated even further when Japan unilaterally undertook an experimental fishing program, which was this year expected to net 2,000 tons above quota.
The EU is involved in nearly all of these RFMOs, either as a full member or contracting party (ICCAT, IOTC), or as a cooperating party with observer status (CCSBT