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.
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
Notes on Contributors
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
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
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
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’
Conclusion: The Judgment, Its Implications and Prospects