New Zealand and Australia v. Japan (Southern Bluefin Tuna Cases)

1999 I.T.L.D.S Reports 280

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
N
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

New Zealand and Australia v. Japan (Southern Bluefin Tuna Cases)

International Tribunal for the Law of the Sea
1999 I.T.L.D.S Reports 280

Facts

Australia and New Zealand (plaintiffs) brought suit in the International Tribunal for the Law of the Sea against Japan (defendant), claiming that Japan’s experimental fishing program for southern bluefin tuna (SBT) violated the United Nations Convention on the Law of the Sea (UNCLOS), as well as the precautionary principle, which generally states that a nation is obligated to employ preventative measures if the activities undertaken by the nation have the potential to harm the environment. Australia and New Zealand requested provisional measures to block Japan’s fishing program, arguing that scientific proof established that the volume of SBT being caught in relation to the fishing program could further deplete an already seriously threatened stock of the fish. Japan contended that, to the contrary, available scientific research proved that the program would not endanger the SBT population and that the program was actually necessary to learn more about the SBT stock’s resiliency.

Rule of Law

Issue

Holding and Reasoning ()

Concurrence/Dissent (Laing, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

International Law

Key Terms