Nomination of Conciliators, Arbitrators and Experts x3

The Government of New Zealand wishes to nominate a number of conciliators, arbitrators and experts to be included on lists of those who may be called upon to resolve disputes between the Parties to the Protocol on Environmental Protection to the Antarctic Treaty, the United Nations Convention on the Law of the Sea, or the Convention on the Conservation and Management of High Seas Fisheries Resources in the South Pacific Ocean.

Protocol on Environmental Protection to the Antarctic Treaty

New Zealand is committed to conserving the intrinsic and wilderness values of Antarctica and the Southern Ocean. We do this for the benefit of every country, as well as for present and future generations of New Zealanders.

New Zealand is a Party to the Protocol on Environmental Protection to the Antarctic Treaty, and is committed to demonstrating and advocating for best practice in environmental stewardship and all other activities throughout Antarctica.

The Protocol provides for an Arbitral Tribunal as a means of resolving disputes concerning the Protocol’s application or interpretation. Parties to the Protocol designate up to three Arbitrators who are then available to be appointed to an Arbitral Tribunal by any party to a dispute. Designation as an Arbitrator by a Party to the Protocol does not guarantee appointment to an Arbitral Tribunal.

The Permanent Court of Arbitration maintains a list of designated Arbitrators. Arbitrators remain on the list for five years and are eligible for re-designation for additional five-year periods.

The Government of New Zealand wishes to consider designating up to three people to be on the list of Arbitrators.

The Protocol requires that designated Arbitrators:

• be experienced in Antarctic affairs;

• have thorough knowledge of international law; and

• enjoy the highest reputation for fairness, competence and integrity.

Other desirable qualities include:

• experience and expertise in international arbitration;

• availability and willingness to travel internationally for the purposes of hearing arbitral proceedings. 

United Nations Convention on the Law of the Sea

As an island nation, New Zealand takes a strong interest in the way the oceans are managed. The sea is an important part of New Zealanders’ lives and we rely heavily on shipping for our international trade.

New Zealand is a Party to the United Nations Convention on the Law of the Sea, and we are committing to ensuring the successful implementation of this Convention and other international agreements on ocean governance and fisheries management.

The Convention provides for conciliation and arbitration as means of resolving disputes concerning the Convention’s application or interpretation. Parties to the Convention nominate up to four Conciliators and four Arbitrators who are then available to be appointed to a Conciliation Commission or Arbitral Tribunal by any party to a dispute (parties to a dispute may appoint a Conciliator or Arbitrator from those nominated but are not obliged to do so). Nomination as a Conciliator or Arbitrator by a Party to the Convention does not guarantee appointment to a Conciliation Commission or Arbitral Tribunal.

The Secretary General of the United Nations maintains a list of nominated Conciliators and Arbitrators. Conciliators and Arbitrators remain on the list until they are withdrawn by the Party that nominated them.

The Government of New Zealand wishes to consider nominating up to four people to be on the list of Conciliators and/or Arbitrators.

The Convention requires that nominated Conciliators and Arbitrators enjoy the highest reputation for fairness, competence and integrity. In addition, nominated Arbitrators must be experienced in maritime affairs.

Other desirable qualities include:

• experience and expertise in international arbitration and/or conciliation;

• availability and willingness to travel internationally for the purposes of hearing arbitral proceedings. 

South Pacific Regional Fisheries Management Organisation

As a coastal state and fishing nation, New Zealand has a significant interest in ensuring international fisheries are well managed. We are particularly active in fisheries management, development and compliance activities in the Pacific region, including as a member of the South Pacific Regional Fisheries Management Organisation (SPRFMO).

The Convention on the Conservation and Management of High Seas Fisheries Resources in the South Pacific Ocean, which established SPRFMO, provides for disputes of a technical nature to be settled by reference to an ad hoc expert panel. Parties to the Convention may nominate up to five experts who are then available to be appointed to an ad hoc expert panel by any party to a dispute. Nomination as an expert by a Party to the Convention does not guarantee appointment to an ad hoc expert panel.

The Executive Secretary of SPRFMO maintains a list of nominated experts.

The Government of New Zealand has already nominated three experts and wishes to consider nominating up to two additional people to be on the list of experts.

The Convention requires that nominated experts have established and general recognised competence in the legal, scientific or technical aspects of fisheries covered by the Convention and enjoy the highest reputation for fairness and integrity.

Other desirable qualities include:

• experience and expertise in international dispute settlement;

• availability and willingness to travel internationally for the purposes of hearing disputes.

To express your interest in any of these roles, please send your CV and a cover letter indicating which designation you are seeking and outlining your suitability and your motivation in applying to: LGL@mfat.govt.nz

Applications close: 5.00pm Friday 1 February 2019

For further information, contact Alice Revell, Unit Manager, +64 4 439 8563.