The Other Australia/Japan Dispute on Living Marine Resources: Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Decision in the Whaling Case Andrew Serdy Faculty of Business, Law and Art University of Southampton 1 Introduction 2 The Whaling case judgment 3 Southern bluefin tuna: the fish 4 Historical overview of the Japanese SBT fishery 5 First interactions 6 The state of the stock 7 The first quotas and their subsequent reduction 8 Gestation of the dispute - interpretation of CPUE 9 Impasse in the CCSBT 10 Japan's experimental fishing 11 The relevant law identified in the Statements of Claim 12 The ITLOS hearing and Order 13 The parties' arguments before the Annex VII Arbitral Tribunal 14 The Annex VII Arbitral Tribunal's Award on jurisdiction 15 Resolution of the dispute a The SBT Scientific Research Program b Japanese commercial catch affected by the ITLOS Order c The new-old quota of 2003 16 Issues left unresolved because the case did not go to the merits a Possible damaging admissions by Japan in the Indian Ocean Tuna Commission b Best scientific evidence (design of the experimental fishing programme and analysis of its results) c The allegation that Japan's experimental fishing was commercially motivated d Decision-making in the CCSBT and the duty of cooperation e The relationship between conservation and optimum utilisation 17 Concluding observations APPENDIX SBT fishery science Maximum sustainable yield - the surplus production model of fisheries Virtual population analysis Scientific advice to managers ukryj opis