Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan), ITLOS Case No. 3 & 4, Provisional Measures, Request for the Prescription of Provisional Measures Submitted by New Zealand (July 30, 1999)
1. Pursuant to Article 290(5) of the United Nations Convention on the Law of the Sea (‘UNCLOS’), New Zealand requests that the International Tribunal for the Law of the Sea (‘the Tribunal’) prescribe the provisional measures specified below in New Zealand’s dispute with Japan over Southern Bluefin Tuna (‘SBT’), pending the constitution of an Arbitral Tribunal under Annex VII of UNCLOS (‘the Arbitral Tribunal’). The dispute relates to Japan’s failure to conserve, and to cooperate in the conservation of, the SBT stock, as manifested, inter alia, by its unilateral experimental fishing for SBT in 1998 and 1999. It concerns the interpretation and application of certain provisions of UNCLOS. The Arbitral Tribunal will also be asked to take into account, in that regard, the provisions of the 1993 Convention for the Conservation of Southern Bluefin Tuna (‘the 1993 Convention’) and the parties’practice in relation to that Convention, as well as their obligations under general international law, in particular the precautionary principle.
2. New Zealand requested the submission of its dispute with Japan to an Arbitral Tribunal established under Annex VII by written notification in the form of a diplomatic Note conveyed to Japan on 15 July 1999. In accordance with Annex VII, Article 1, the written notification was accompanied by a statement of New Zealand’s claim and the grounds upon which it is based (together referred to as the ‘Statement of Claim’). Certified copies of New Zealand’s diplomatic Note to Japan and of its Statement of Claim are provided as Annex 1 and Annex 2 respectively to this Request.