Whaling in the Antarctic
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...
| Published in: | International Law Reports |
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| Format: | Article in Journal/Newspaper |
| Language: | English |
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Cambridge University Press (CUP)
2018
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| Online Access: | http://dx.doi.org/10.1017/cbo9781108291545.001 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0309067100003683 |
| Summary: | 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 ... |
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