In 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.

Considering that natural resources or green capital are the drivers of globalisation, this book focuses on the link between investment, trade and natural resource management in the context of the growing economic inequalities between states.

The Encyclopedia of Ocean Law and Policy in Asia-Pacific provides a detailed snapshot of the contemporary and historic ocean law and policy of numerous states across the region, from the perspective of regional authors and utilizing a consistent subject outline to promote comparative research.

Includes the keynote addresses and papers presented on the conference themes that covered: environment, ecosystem biology, habitat, diversity and oceanography; population biology and resource assessment; harvesting and conservation strategies for resource management; technology requirements; monitoring, compliance and controls; a review of existing policies and instruments; and governance and management. It also provides the perspectives of participating experts and the conference Steering Committee. The general conclusions of the conference contain the elements that must be addressed and undertaken if deep-sea fish resources are to be sustained and their habitat protected to ensure productivity and safeguard deep-sea biodiversity. The second volume of the proceedings includes posters and corresponding papers presented at the conference as well as papers from workshops held prior to the main conference.

Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.

This book examines the post-Cold War challenges facing Antarctic governance. It seeks to understand the interests of new players in Antarctic affairs such as China, India, Korea and Malaysia, and how other key players such as Russia and the USA or claimant states such as New Zealand or France are coping in the new global order. Antarctica is the world's fifth largest continent and its territories are claimed by seven different states. Since 1961 Antarctica has been managed under the Antarctic Treaty System (ATS), a regime which, according to its critics, by the terms of its membership effectively excludes most of the nations of the world. This book examines the post-Cold War challenges facing Antarctic governance, and is organized thematically into three sections: Part 1considers the role of Antarctic politics in the current post-Cold War, post-colonial era and the impact this new political environment is having on the ATS. Part 2looks at the competing foreign policy objectives of a representative range of countries with Antarctic activities. Part 3examines issues that have the potential to destabilise the order of the Antarctic Treaty System, such as unrestricted tourism and new advances in science and technology. The Emerging Politics of Antarcticawill be of interest to students and scholars of international politics, polar studies and foreign policy studies.

This book examines why states resort to international adjudication or arbitration for the resolution of their disputes.