It takes the average reader 1 hour and 45 minutes to read The Australia and New Zealand V. Japan Southern Bluefin Tuna (Jurisdiction and Admissibility) Award of the First LOSC Annex VII Arbitral Tribunal by Barbara Kwiatkowska
Assuming a reading speed of 250 words per minute. Learn more
The Southern Bluefin Tuna (Jurisdiction and Admissibility) Award of 4 August 2000 marked the first instance of application of compulsory arbitration under Part XV, Section 2 of the 1982 UN Law of the Sea Convention and of exercising by the Annex VII Tribunal of la competence de la competence pursuant to Article 288(4) over the merits of the instant dispute. The 72-paragraph Award is a decision of pronounced procedural complexity and significant multifaceted impacts of which appreciation requires an in-depth acquaintance with procedural issues of peaceful settlement of disputes in general and the law-of-the-sea-related disputes in particular. Therefore, the book surveys first the establishment of and the course of proceedings before the Five-Member Annex VII Arbitral Tribunal, presided over by former ICJ President Stephen M. Schwebel, and also comprising Judges Keith, Yamada, Feliciano and Tresselt. Subsequently, the wide range of specific paramount questions and the answers of the Tribunal are scrutinized against the background of arguments advanced by the applicants (Australia and New Zealand) and respondent (Japan) during both written and oral pleadings, including in reliance on the extensive ICJ jurisprudence and treaty practice concerned. On this basis, the book turns to appraisal of impacts of the Arbitral Tribunal's paramount holdings and its resultant dismissal of jurisdiction with the scrupulous regard for the fundamental principle of consensuality. Amongst such direct impacts as between the parties to the instant case, the inducements provided by the Award to reach a successful settlement (as ultimately effected in May 2001) are of particular importance. The Award's indirect impacts concern exposition of the paramount doctrine of parallelism between the umbrella UN Convention and many compatible special (fisheries, environmental and other) treaties, as well as of multifaceted, both substantial and procedural effects of that parallelism. All those contributions will continue to importantly guide other courts and tribunals seized in the future under the Convention's Part XV, Section 2. Barbara Kwiatkowska is the former Deputy Director of NILOS
The Australia and New Zealand V. Japan Southern Bluefin Tuna (Jurisdiction and Admissibility) Award of the First LOSC Annex VII Arbitral Tribunal by Barbara Kwiatkowska is 104 pages long, and a total of 26,416 words.
This makes it 35% the length of the average book. It also has 32% more words than the average book.
The average oral reading speed is 183 words per minute. This means it takes 2 hours and 24 minutes to read The Australia and New Zealand V. Japan Southern Bluefin Tuna (Jurisdiction and Admissibility) Award of the First LOSC Annex VII Arbitral Tribunal aloud.
The Australia and New Zealand V. Japan Southern Bluefin Tuna (Jurisdiction and Admissibility) Award of the First LOSC Annex VII Arbitral Tribunal is suitable for students ages 10 and up.
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