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THE PR 1 ESIDENT: Professor Ando, you may proceed.
3 PROFESSOR ANDO: Mr President, honourable Judges, ladies and gentlemen, it is
4 indeed a great honour for me to be given this opportunity to address various legal
5 issues concerning the dispute brought before this august Tribunal: the dispute
6 between Australia and New Zealand and Japan over fishing of southern bluefin tuna
9 As Mr Greig, the previous speaker, clearly demonstrated this morning, the dispute
10 concerns differences in evaluating scientific data for the purpose of determining the
11 total allowable catch (TAC) of southern bluefin tuna and its allocation among the
12 three States.
14 A brief history leading to the dispute is as follows: in the face of projection of SBT
15 stock decline, the three States entered into an agreement in 1989. The agreement
16 established annual TAC of 11,750 tonnes, allocating 6,065 tonnes, 5,265 tonnes and
17 420 tonnes to Japan, Australia and New Zealand respectively. In 1993 the tripartite
18 Convention for the Conservation of SBT (the 1993 Convention or CCSBT as referred
19 to in the written submission) was drafted in order to achieve optimum sustainable
20 yield of southern bluefin tuna. The Convention also established the Commission for
21 the Conservation of SBT which should decide on TAC and its allocation among the
22 three States with the advice of a subsidiary body called the Scientific Committee. In
23 1994 the Commission set a TAC and its allocation as stated above, which remained
24 the same until 1997. There was no agreement, however, in 1998 and 1999.