ICJ Halts Antarctic Whaling – Japan Starts Again
Abstract The International Court of Justice (ICJ) judgment in Whaling in the Antarctic , a dispute brought by Australia against Japan, found that Japan had violated the International Convention for the Regulation of Whaling (ICRW) moratoria on all commercial whaling and the use of factory ships to p...
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Online Access: | http://dx.doi.org/10.1017/s2047102515000035 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S2047102515000035 |
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crcambridgeupr:10.1017/s2047102515000035 2023-05-15T14:06:56+02:00 ICJ Halts Antarctic Whaling – Japan Starts Again Payne, Cymie R. 2015 http://dx.doi.org/10.1017/s2047102515000035 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S2047102515000035 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms Transnational Environmental Law volume 4, issue 1, page 181-194 ISSN 2047-1025 2047-1033 Law Management, Monitoring, Policy and Law journal-article 2015 crcambridgeupr https://doi.org/10.1017/s2047102515000035 2022-05-11T14:51:21Z Abstract The International Court of Justice (ICJ) judgment in Whaling in the Antarctic , a dispute brought by Australia against Japan, found that Japan had violated the International Convention for the Regulation of Whaling (ICRW) moratoria on all commercial whaling and the use of factory ships to process whales, and also the prohibition on whaling in the Southern Ocean Sanctuary. In the course of analyzing whether special permits issued by Japan qualified for the scientific whaling exemption under Article VIII ICRW, the Court benefited from a more robust scientific fact-finding process than at times in the past. The judgment emphasized the mutual obligations of this multilateral agreement by taking the view that the provisions of the ICRW’s scientific whaling exemptions are neither self-judging nor subject to a ‘margin of appreciation’ in favour of a state party claiming the exemption. The case was driven by conflicting attitudes towards commercial whaling, and also towards global common spaces. The ICJ’s decision and Japan’s response indicate the limits of the ICRW in resolving those differences. Article in Journal/Newspaper Antarc* Antarctic Southern Ocean Cambridge University Press (via Crossref) Antarctic Southern Ocean The Antarctic Transnational Environmental Law 4 1 181 194 |
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Cambridge University Press (via Crossref) |
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English |
topic |
Law Management, Monitoring, Policy and Law |
spellingShingle |
Law Management, Monitoring, Policy and Law Payne, Cymie R. ICJ Halts Antarctic Whaling – Japan Starts Again |
topic_facet |
Law Management, Monitoring, Policy and Law |
description |
Abstract The International Court of Justice (ICJ) judgment in Whaling in the Antarctic , a dispute brought by Australia against Japan, found that Japan had violated the International Convention for the Regulation of Whaling (ICRW) moratoria on all commercial whaling and the use of factory ships to process whales, and also the prohibition on whaling in the Southern Ocean Sanctuary. In the course of analyzing whether special permits issued by Japan qualified for the scientific whaling exemption under Article VIII ICRW, the Court benefited from a more robust scientific fact-finding process than at times in the past. The judgment emphasized the mutual obligations of this multilateral agreement by taking the view that the provisions of the ICRW’s scientific whaling exemptions are neither self-judging nor subject to a ‘margin of appreciation’ in favour of a state party claiming the exemption. The case was driven by conflicting attitudes towards commercial whaling, and also towards global common spaces. The ICJ’s decision and Japan’s response indicate the limits of the ICRW in resolving those differences. |
format |
Article in Journal/Newspaper |
author |
Payne, Cymie R. |
author_facet |
Payne, Cymie R. |
author_sort |
Payne, Cymie R. |
title |
ICJ Halts Antarctic Whaling – Japan Starts Again |
title_short |
ICJ Halts Antarctic Whaling – Japan Starts Again |
title_full |
ICJ Halts Antarctic Whaling – Japan Starts Again |
title_fullStr |
ICJ Halts Antarctic Whaling – Japan Starts Again |
title_full_unstemmed |
ICJ Halts Antarctic Whaling – Japan Starts Again |
title_sort |
icj halts antarctic whaling – japan starts again |
publisher |
Cambridge University Press (CUP) |
publishDate |
2015 |
url |
http://dx.doi.org/10.1017/s2047102515000035 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S2047102515000035 |
geographic |
Antarctic Southern Ocean The Antarctic |
geographic_facet |
Antarctic Southern Ocean The Antarctic |
genre |
Antarc* Antarctic Southern Ocean |
genre_facet |
Antarc* Antarctic Southern Ocean |
op_source |
Transnational Environmental Law volume 4, issue 1, page 181-194 ISSN 2047-1025 2047-1033 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.1017/s2047102515000035 |
container_title |
Transnational Environmental Law |
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4 |
container_issue |
1 |
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181 |
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194 |
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1766278932064108544 |