Science in the Court! The Role of Science in 'Whaling in the Antarctic'

This paper deals with the way science featured in the case Whaling in the Antarctic (Australia v. Japan: New Zealand intervening). ‘Science’ was invoked by both Australia and Japan (and by New Zealand). The activities carried out under JARPA II and JARPA were portrayed as ‘unscientific’ by Australia and as ‘science’ by Japan. Scientists, as expert witnesses, were called upon to give written and oral evidence (two by Australia and one by Japan) and they were cross-examined in Court, and were questioned by the bench. Australia presented two Expert Witnesses to discuss science, Dr Nick Gales, Chief Scientist of the Australian Antarctic Program, and Professor Marc Mangel of the University of California, Santa Cruz. Japan presented one Expert Witness, Professor Lars Walløe from the University of Oslo.