UNCLOS ITLOS tribunal has applied precautionary principle before in Southern Bluefin Tuna Case

It would therefore be disturbing to see precautionary thinking permeate the operation and application of the Treaty, given the potential effects on trade, innovation, and the economy at large. Yet that is precisely what has happened. In the Southern Bluefin Tuna Case (Australia and New Zealand v. Japan) on the over-fishing of Bluefin tuna, the Tribunal implicitly referred to the precautionary principle in its verdict, which generally instructed the parties to sort the matter out among themselves:

“Considering that, although the Tribunal cannot conclusively assess the scientific evidence presented by the parties, it finds that measures should be taken as a matter of urgency to preserve the rights of the parties and to avert further deterioration of the southern Bluefin tuna stock.”⁵³

As Alana Rubin of the Michigan State University’s Animal Legal and Historical Center points out, this paragraph, “...further supported by paragraphs 77 and 79, refers to the scientific uncertainty regarding the stock of southern Bluefin tuna, and due to this uncertainty, conservation measures must be taken to prevent serious harm to the stock. In making its decision, the Tribunal noted that all parties agreed that the stock was at its lowest levels historically and that, therefore, Japan, Australia and New Zealand must implement conservation measures. In effect, the scientific evidence, even if ‘uncertain’ triggered the ITLOS’ [Tribunal’s] application of the precautionary principle. Thus, in making its decision to stop Japan’s actions, the ITLOS [Tribunal] applied the precautionary principle.”⁵⁴