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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]

Copyright Statement

Copyright 2015 The Authors

Official URL: http://www.jlisjournal.org/about.html

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:Law
Research Field:Environmental and Natural Resources Law
Objective Division:Law, Politics and Community Services
Objective Group:Community Service (excl. Work)
Objective Field:Environmental Services
Author:Gogarty, B (Dr Brendan Gogarty)
Author:Lawrence, P (Dr Peter Lawrence)
ID Code:102417
Year Published:2015
Deposited By:Faculty of Law
Deposited On:2015-08-20
Last Modified:2016-09-06
Downloads:0

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