1 Dec. 2, 1946, TIAS No. 1849, 62 Stat. 1716 (1948).

2 Intervenor-appellants Japan Fisheries Association and Japan Whaling Association argued that the imposition of sanctions against a validly objecting member was a violation of international law. The court of appeals rejected this argument in a footnote, noting simply that “[t]here is no prohibition in the Convention against member nations acting unilaterally to force an objecting member . . . to comply with the Convention’s regulations . . . .”. 768 F.2d 426, 429 n.1.

3 The dissent also suggested that the case may not present a justiciable question, owing primarily to the possibility of interfering with the Executive’s conduct of foreign affairs.

4 768 F.2d at 444 (citations omitted).

5 The Supreme Court granted certiorari on Jan. 13, 1986 sub nom. Japan Whaling Ass’n v. American Cetacean Soc’y, 106 S.Ct. 787 (1986).