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Volume8
MonthNovember
Year2006
TitleThe International Tribunal for the Law of the Sea and the Possibility of Judicial Settlement of Disputes Involving the Fishing Entity…
Author(s)Yann-Huei Song
First Page37
AbstractThe main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of dispute settlement provided in the SBT Convention; Section III examines the disputes between the members of CCSBT and other fishing entities, in particular Taiwan, over the agreed dispute settlement mechanisms that are based on the interpretation and application of the relevant conventions, agreements, resolutions, exchange of letters, or other fisheries conservation and management measures; Section IV explains the legal foundation for the jurisdiction of ITLOS over relevant fishery disputes referred to it for judgment; Section V examines the issue of whether entities other than State parties can become parties to a case that is referred to ITLOS; In Section VI, the judicial practice exercised in the Southern Bluefin Tuna case is cited to help discuss the issue concerning whether ITLOS has jurisdiction over the SBT case and thus render final ruling over the dispute in the case; Section VII examines how a fishing dispute occurring between Taiwan and CCSBT members should be resolved; in particular, it addresses the possibility for Taiwan to refer the disputes to ITLOS for judgment, and discusses the question of whether ITLOS can exercise jurisdiction over a fisheries dispute involving Taiwan as a fishing entity; lastly Section VIII concludes the paper.