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The ICJ Whaling Case Science, transparency and the rule of law
Citation
Gogarty, B and Lawrence, P, The ICJ Whaling Case Science, transparency and the rule of law, Journal of Law and Information Science, 23, (2) pp. 134-160. ISSN 0729-1485 (2015) [Refereed Article]
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Copyright 2015 The Authors
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Abstract
The International Court of Justice (ICJ) Whaling Case (Australia v. Japan, New Zealand intervening) was greeted by the popular press, particularly in Australia and New Zealand, as a win for "good science" as opposed to "bogus science". However, in this article we argue that a closer analysis of the decision reveals that the ICJ - by sidestepping the crucial issue of how to define "scientific research" under the Whaling Convention - missed an opportunity to further the rule of law in international law, particularly as it applies to commons areas that require scientific cooperation and obligations.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Research Division: | Law and Legal Studies |
| Research Group: | Environmental and resources law |
| Research Field: | Environmental law |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Community services |
| Objective Field: | Community services not elsewhere classified |
| UTAS Author: | Gogarty, B (Associate Professor Brendan Gogarty) |
| UTAS Author: | Lawrence, P (Dr Peter Lawrence) |
| ID Code: | 102417 |
| Year Published: | 2015 |
| Deposited By: | Faculty of Law |
| Deposited On: | 2015-08-20 |
| Last Modified: | 2017-11-30 |
| Downloads: | 121 View Download Statistics |
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