Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan), Provisional Measures

On 30 July 1999, a Request for the prescription of provisional measures, pending the constitution of an arbitral tribunal, was filed by facsimile in the Registry of the Tribunal by New Zealand in accordance with article 290, paragraph 5, of the Convention, in a dispute against Japan concerning southern bluefin tuna. The Request was accompanied by a copy of a document dated 15 July 1999, instituting arbitral proceedings against Japan. The Request of New Zealand was entered in the list of cases as Case No. 3.

On 30 July 1999, a Request for the prescription of provisional measures, pending the constitution of an arbitral tribunal, was filed by facsimile in the Registry of the Tribunal by Australia in accordance with article 290, paragraph 5, of the Convention, in a dispute against Japan concerning southern bluefin tuna. The Request was accompanied by a copy of a document dated 15 July 1999, instituting arbitral proceedings against Japan. The Request of Australia was entered in the list of cases as Case No. 4.

Japan filed its Statement in Response with the Registry on 9 August 1999.

In their Requests, Australia and New Zealand, as parties in the same interest, jointly nominated Mr. Ivan Shearer AM, as judge ad hoc. Mr. Shearer was admitted to participate in the case as judge ad hoc after having made a solemn declaration at a public sitting of the Tribunal held on 16 August 1999.

By separate Orders of 3 August 1999 with respect to each Request, the President fixed 18 August 1999 as the date for the opening of the hearing. By an Order of 16 August 1999, the Tribunal joined the proceedings in the cases.

Prior to the opening of the hearing, the Tribunal held initial deliberations on 16 and 17 August 1999.

Five public sittings to hear the oral arguments of the parties and to present evidence were held, from 18 to 20 August 1999. Final submissions were made by each party at the end of the hearing.

On 27 August 1999, the Tribunal delivered its Order in the case.