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The Australian National University

Whaling in the Antarctic–The ICJ Decision and its Consequences for Future Special Permit Whaling

10.22145/aybil.32.5
Michael Johnson Vol 32 (2014)
Whaling Agora

In its judgment in the case Whaling in the Antarctic (Australia v Japan: New Zealand intervening), the International Court of Justice elaborated the objective criteria that must be fulfilled for a purported special permit program to be consistent with Article VIII of the International Convention for the Regulation of Whaling. In this respect, the decision represents a significant development for the operation of the Whaling Convention, and in particular for any future special permit whaling programs. It is these broader implications of the judgment – beyond its immediate findings with respect to the JARPA II program – that will arguably carry greater relevance as we move forward.

This paper examines the criteria elaborated in the Court’s judgment, and explores the steps taken within the International Whaling Commission to incorporate those criteria into its review processes for proposed special permit programs, up until the Commission’s 65th meeting in September 2014. It also explores the further steps to be taken. The paper highlights the importance of these steps in transforming the pronouncement of the Court into an operational setting, ensuring that the reasoning of the Court will have an enduring effect on future special permit programs.

Vol 32 (2014)

Table of contents

Updated:  19 October 2016/Responsible Officer:  Australian Year Book of International Law Director/Page Contact:  AYBIL Web Publisher