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Conceptions and (Mis)conceptions of Science in International Treaties; the ICJ Whaling Case in Context
The recent judgment in the International Court of Justice case Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) determined that Japanese ‘special permit’ whaling in the Southern Ocean was not ‘for the purposes of scientific research’. This is the only exemption permitted under the International Convention for the Regulation of Whaling’s current moratorium on commercial whaling. The Court made its determination by characterising the Japanese research program as a scientific program, but failing to define what scientific research actually was or was not. This paper presents the background to the decision, and challenges the reasoning of the Court and its standard of review test. It concludes that the Court failed to take the opportunity to offer a clear determination to states on their legal–scientific obligations within international law.
History
Publication title
The Yearbook of Polar LawVolume
7Pagination
607-622ISSN
1876-8814Department/School
Faculty of LawPublisher
Brill - NijhoffPlace of publication
NetherlandsRights statement
© 2015 Koninklijke BrillRepository Status
- Restricted