Science in the Court! The Role of Science in 'Whaling in the Antarctic'

• Main Author: Press, A
• Format: Book Part
• Language: English
• Published: Brill Nijhoff 2016
• Subjects: Law and Legal Studies; Law; International Law (excl. International Trade Law); Antarctic; New Zealand; The Antarctic; The Bench; Antarc*; Australian Antarctic Program
• Online Access: https://doi.org/10.1163/9789004313828_013; http://ecite.utas.edu.au/110245

This paper deals with the way science featured in the case Whaling in the Antarctic ( Australia v. Japan: New Zealand intervening ). Science was invoked by both Australia and Japan (and by New Zealand). The activities carried out under JARPA II and JARPA were portrayed as unscientific by Australia and as science by Japan. Scientists, as expert witnesses, were called upon to give written and oral evidence (two by Australia and one by Japan) and they were cross-examined in Court, and were questioned by the bench. Australia presented two Expert Witnesses to discuss science, Dr Nick Gales, Chief Scientist of the Australian Antarctic Program, and Professor Marc Mangel of the University of California, Santa Cruz. Japan presented one Expert Witness, Professor Lars Walle from the University of Oslo.