Chapter 14: The Antarctic Whaling Case and the International Law on the Regulation of Whaling

Dan Liu

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Chapter 14: The Antarctic Whaling Case and the International Law on the Regulation of Whaling

于International Marine Economy

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Dan Liu

Dan Liu
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类型:: 章节

Page Range:: 363–387

DOI:: https://doi.org/10.1163/9789004323445_015

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In 2010 Australia filed an application with the International Court of Justice alleging that Japan’s scientific whaling programme violated several provisions of the International Convention for the Regulation of Whaling. It requested the Court to order Japan to halt the programme. On March 31, 2014, the International Court of Justice delivered the judgment in the Whaling in the Antarctic case involving Australia, Japan and New Zealand (Whaling in the Antarctic (Australia v. Japan: New Zealand intervening). Instead of praising this landmark judgment, this paper seeks to summarize and analyze the legal issues of the case, and the conventional and institutional regulation of whaling, in order to provide profound analysis on the impact of the case on the international regulation of whaling.

Japan and other whaling States have continuously engaged in “scientific whaling” (especially when jarpa ii was preceded by the Japanese Whale Research Program under Special Permit in the Antarctic) after the 1985/1986 whaling moratorium issued by the iwc. This led to the whaling case brought by Australia against Japan before the International Court of Justice (hereinafter referred to as icj) in 2010, and the final judgment was delivered in 2014.

This article begins with an introduction about the factual and procedural background of the Whaling in the Antarctic case, including the previous 2008 Kyodo case (Humane Soc’y Int’l Inc. v. Kyodo Senpaku Kaisha Ltd) tackled by the Federal Court of Australia, and claims of both parties. The second part analyzes the regulation of whaling in the icrw/iwc regime, and whaling under the United Nation’s Convention on the Law of the Sea (hereinafter referred to as unclos). The third part focuses on the legal issues of the case, especially the connection between the identification of “maritime areas” (Antarctic area) and the determination of the icj’s jurisdiction in the case, the interpretation and application of Article vii of icrw, and the judgment of the icj. In the end, this paper examines the loopholes of whaling regulation within the icrw/iwc framework. More importantly, the inspiration and impact of the Whaling in the Antarctic case on the future of the iwc will also be analyzed.

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International Marine Economy

Law and Policy

丛编： Center for Oceans Law and Policy, 卷： 20

ISBN:: 9789004323445

出版社:: Brill | Nijhoff

印刷出版日期:: 01 Jan 2017

Subjects
- International Law
  - International Law: General Interest
  - Law of the Sea

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Chapter 14: The Antarctic Whaling Case and the International Law on the Regulation of Whaling

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International Marine Economy

Law and Policy

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