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The ICJ Whaling Case Science, transparency and the rule of law
journal contribution
posted on 2023-05-18, 12:22 authored by Brendan GogartyBrendan Gogarty, Peter LawrencePeter LawrenceThe 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.
History
Publication title
Journal of Law and Information ScienceVolume
23Pagination
134-160ISSN
0729-1485Department/School
Faculty of LawPublisher
University of Tasmania * Faculty of LawPlace of publication
AustraliaRights statement
Copyright 2015 The AuthorsRepository Status
- Open