Monthly archive April, 2015

Between law and science: Some considerations inspired by the Whaling in the Antarctic judgment

1. An attitude of reluctance The judgment rendered on 31 March 2014 by the International Court of Justice (ICJ) on the Whaling in the Antarctic case (Australia v Japan; New Zealand intervening)[1] raises the issue of scientific or technical matters in the proceedings before the ICJ. Usually guidance on such issues is given by experts....

Between law and science: A commentary on the Whaling in the Antarctic case

1. Introduction In March 2014, the International Court of Justice [‘ICJ’ or ‘the Court’] issued its judgment on the merits in the dispute between Australia and Japan, with New Zealand intervening, regarding Japan’s whaling programme in the Antarctic.[1] Australia’s primary contention in its application was that Japan’s whaling programme in the southern hemisphere [‘JARPA II’]...

The role of experts before the International Court of Justice: The Whaling in the Antarctic case

Introduced by Chiara Ragni On 31 March 2014 the International Court of Justice (ICJ) issued its judgment relating to Whaling in the Antarctic (Australia v Japan: New Zealand intervening), in which it held that Japan’s Japanese Whale Research Programme under Special Permit in the Antarctic (JARPA II) contravenes the 1946 International Convention for the Regulation...