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The Other Australia/Japan Living Marine Resources Dispute

Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Whaling Case

Series:

Andrew Serdy

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.

Africa in the Indian Ocean

Islands in Ebb and Flow

Series:

Tor Sellström

The four sovereign Indian Ocean states of Comoros, Madagascar, Mauritius and Seychelles, the two French overseas departments of Mayotte and Reunion, as well as the British colony of BIOT (Chagos), all form part of Africa. As insular nations and territories in an increasingly globalized, militarized and largely unregulated ocean, they face particular challenges. Commonly overlooked in the fields of African and international studies, this text traces the islands’ history and explores their diverse contemporary social, political and economic trajectories. From human settlement and slavery to conflict resolution and piracy, the relations with continental Africa and the African Union feature prominently. Richly sourced, this comprehensive and up-to-date introduction to Africa’s Indian Ocean islands covers a significant lacuna.

Edited by Hans Blom

In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005.

Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.