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THE CLERK OF THE TRIBUNAL: The International 1 Tribunal for the Law of the Sea
2 is now in session.
4 THE REGISTRAR: On 30 July 1999, New Zealand and Australia duly filed Requests
5 for the prescription of provisional measures in their dispute with Japan concerning
6 Southern Bluefin Tuna. New Zealand’s request was received first and was entered in
7 the List of cases as Case No. 3. Australia’s request was subsequently entered in the
8 List of cases as Case No. 4. The requests for the prescription of provisional
9 measures are made under article 290, paragraph 5, of the United Nations
10 Convention on the Law of the Sea, which provides for the prescription of provisional
11 measures by the International Tribunal for the Law of the Sea pending the
12 constitution of an arbitral tribunal in accordance with Annex VII to the Convention to
13 which the merits of the dispute have been submitted. The Tribunal was informed that
14 the notification concerning the arbitral proceedings was conveyed to Japan on
15 15 July 1999.
17 THE PRESIDENT: This is a common public sitting of the Tribunal on two identical
18 Requests for the prescription of provisional measures submitted by New Zealand and
19 Australia, respectively, against Japan in the dispute concerning Southern Bluefin Tuna.
20 I note the presence of His Excellency Mr Tim Caughley, Agent for New Zealand. I note
21 as well the presence of His Excellency Mr William McFadyen Campbell, Agent for
22 Australia. I also note the presence of His Excellency Mr Kazuhiko Togo, Agent for