t h e l aw o f t h e s e a
637
living resources in the exclusive economic zone or their exercise, including
its discretionary powers for determining the allowable catch, its harvest-
ing capacity, the allocation of surpluses to other states and the terms and
conditions established in its conservation and management laws and reg-
ulations.
414
There are also three situations with regard to which states may
opt out of the compulsory settlement procedures.
415
The Convention also provides for a Seabed Disputes Chamber of the
International Tribunal for the Law of the Sea,
416
which under article 187
shall have jurisdiction with regard to matters concerning the Deep Seabed
and the International Seabed Authority. By article 188, inter-state disputes
concerning the exploitation of the international seabed are to be submitted
only to the Seabed Disputes Chamber.
One problem that has arisen has been where a dispute arises under one
or more conventions including the 1982 Law of the Sea Convention, and
the impact that this may have upon dispute settlement. In the
Southern
Bluefin Tuna
case between Australia and New Zealand on the one hand
and Japan on the other,
417
the arbitration tribunal had to consider the
effect of the 1993 Convention for the Conservation of Southern Bluefin
Tuna, the binding settlement procedures of which require the consent
of all parties to the dispute. However, these states were also parties to
the 1982 Convention, the provisions of which concerning highly migra-
tory fish stocks (which included the southern bluefin tuna) referred to
compulsory arbitration.
418
The parties were unable to agree within the
Commission established by the 1993 Convention and the applicants in-
voked the compulsory arbitration provisions of the 1982 Convention.
The International Tribunal for the Law of the Sea indicated provisional
measures
419
and the matter went to arbitration. Japan argued that the dis-
pute was one under the 1993 Convention so that its consensual settlement
procedures were applicable
420
and not the compulsory procedures under
the 1982 Convention. The tribunal held that the dispute was one common
to both Conventions and that there was only one dispute. Article 281(1)
of the 1982 Convention provides essentially for the priority of procedures
agreed to by the parties, so that the 1982 Convention’s provisions would
414
In such a case, the dispute in certain cases is to be submitted to the compulsory conciliation
provisions under Annex V, section 2: see further article 297(3)(b).
415
Disputes concerning delimitation and claims to historic waters; disputes concerning mili-
tary and law enforcement activities, and disputes in respect of which the Security Council
is exercising its functions: see article 298(1).
416
See Annex VI, section 4.
417
119 ILR, p. 508.
418
See Part XV and Annex VII.
419
117 ILR, p. 148. The International Tribunal called for arbitration and stated that the latter
tribunal would
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