Whaling in the Antarctic

The Significance and the Implications of the ICJ Judgment

Series:

This publication gives an in-depth analysis of a very important but complex case before the International Court of Justice. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners. The Whaling in Antarctic case is a landmark case in international law.

Contributors: Malgosia Fitzmaurice and Dai Tamada (eds.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.

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Biographical Note

Malgosia Fitzmaurice, Ph.D., University of Warsaw, is Professor of Public International Law at the School of Law, Queen Mary University of London. She has published extensively on international environmental law, the law of treaties, indigenous peoples and Arctic law.
Dai Tamada, Ph.D. (2014), Kyoto University, is Professor of Public International Law at Kobe University, Japan. He has published book and articles, including Legal Effects of Judgments of International Courts and Tribunals (Yuhikaku, Tokyo, 2012, 242 pp.).

Table of contents

Contents

Notes on Contributors

Introduction Malgosia Fitzmaurice and Dai Tamada

Part 1 The Law of Evidence and Standard of Review

1 Methodologies and Motivations: Was Japan’s Whaling Programme for Purposes of Scientific Research? Caroline E. Foster
2 From the Requirement of Reasonableness to a ‘Comply and Explain’ Rule: The Standard of Review in the Whaling Judgment Shotaro Hamamoto

Part 2 Substantive Law Aspects: The Law of Treaties

3 The Whaling Convention and Thorny Issues of Interpretation Malgosia Fitzmaurice
4 The ‘Margin of Appreciation’ in the Use of Exemptions in International Law: Comparing the icj Whaling Judgment and the Case Law of the ECtHR Theodore Christakis

Part 3 Procedural Law Aspects

5 Unfavourable but Unavoidable Procedures: Procedural Aspects of the Whaling Case Dai Tamada
6 Roads Not Taken, Opportunities Missed: Procedural and Jurisdictional Questions Sidestepped in the Whaling Judgment Christian J. Tams

Part 4 Institutional Implications of the Judgment

7 The Whaling Judgment and the Challenges of Dynamic Treaty Regimes Mika Hayashi
8 iwc and the icj Judgment Joji Morishita

Part 5 Domestic and International Implications of the Judgment

9 The Whaling Case: An Australian Perspective Donald R. Rothwell
10 After the Whaling in the Antarctic Judgment: Its Lessons and Prospects from a Japanese Perspective Hironobu Sakai
11 Science in the Court! The Role of Science in ‘Whaling in the Antarctic’ Anthony Press

Conclusion: The Judgment, Its Implications and Prospects Akiho Shibata

Conference Report Yuri Takaya

Index

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