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 CaseAndrew Serdy Faculty of Business, Law and Art University of Southampton1 Introduction2 The Whaling case judgment3 Southern bluefin tuna: the fish4 Historical overview of the Japanese SBT fishery5 First interactions6 The state of the stock7 The first quotas and their subsequent reduction8 Gestation of the dispute - interpretation of CPUE9 Impasse in the CCSBT10 Japan's experimental fishing11 The relevant law identified in the Statements of Claim12 The ITLOS hearing and Order13 The parties' arguments before the Annex VII Arbitral Tribunal14 The Annex VII Arbitral Tribunal's Award on jurisdiction15 Resolution of the disputea The SBT Scientific Research Programb Japanese commercial catch affected by the ITLOS Orderc The new-old quota of 200316 Issues left unresolved because the case did not go to the meritsa Possible damaging admissions by Japan in the Indian Ocean Tuna Commissionb Best scientific evidence (design of the experimental fishing programme and analysis of its results)c The allegation that Japan's experimental fishing was commercially motivatedd Decision-making in the CCSBT and the duty of cooperatione The relationship between conservation and optimum utilisation17 Concluding observationsAPPENDIX SBT fishery scienceMaximum sustainable yield - the surplus production model of fisheriesVirtual population analysisScientific advice to managers.