Hostname: page-component-7bb8b95d7b-wpx69 Total loading time: 0 Render date: 2024-09-12T09:07:40.015Z Has data issue: false hasContentIssue false

Whaling in the Antarctic

International Court of Justice.  06 February 2013 ; 31 March 2014 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Environment — Marine environment — Whaling — International Convention for the Regulation of Whaling, 1946 — International Whaling Commission — Schedule to the Convention — Moratorium on commercial whaling — Article VIII of the Convention — Exemption for whaling carried out for purposes of scientific research — Dispute between Australia and Japan concerning Japan’s continued pursuit of large-scale whaling programme — Japanese Whale Research Program under Special Permit in the Antarctic (“JARPA II”) — Effect on whale stocks — Whether Japan breaching its obligations under the Convention — Whether Japan breaching its other international obligations for preservation of marine mammals and marine environment

Treaties — Interpretation — International Convention for the Regulation of Whaling, 1946, Article VIII(1) — Scope of Article VIII(1) — Whether special permits granted by Japan in connection with Japanese Whale Research Program under Special Permit in the Antarctic (“JARPA II”) “for purposes of scientific research” — Object and purpose — Whether restrictive or expansive interpretation justified — Discretion of State Party — Standard of review — Whether, in using lethal methods, programme’s design and implementation reasonable to achieve stated objectives — Task of Court — Meaning of phrase “for purposes of scientific research” — Schedule to Convention — Duty of cooperation with International Whaling Commission and Scientific Committee — Whether Japan breaching its obligations under International Convention for the Regulation of Whaling, 1946 — Whether Japan breaching its other international obligations for preservation of marine mammals and marine environment — Remedies

International Court of Justice — Intervention — Article 63(2) of Statute conferring right to intervene as a non-party in proceedings — Declaration of Intervention filed by New Zealand in case between Australia and Japan regarding whaling — Whether Declaration fulfilling requirements of Article 63 of Statute and Article 82 of Rules — Whether Declaration admissible

International Court of Justice — Jurisdiction — Optional clause — Reservations — Reciprocity — Whaling dispute between Australia and Japan — Whether falling within Australia’s reservation

Type
Case Report
Copyright
© Cambridge University Press 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)