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The ICJ Whaling Case Science, transparency and the rule of law

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journal contribution
posted on 2023-05-18, 12:22 authored by Brendan GogartyBrendan Gogarty, Peter LawrencePeter Lawrence
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.

History

Publication title

Journal of Law and Information Science

Volume

23

Pagination

134-160

ISSN

0729-1485

Department/School

Faculty of Law

Publisher

University of Tasmania * Faculty of Law

Place of publication

Australia

Rights statement

Copyright 2015 The Authors

Repository Status

  • Open

Socio-economic Objectives

Community services not elsewhere classified

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