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The whaling dispute in the South Pacific: An Australian perspective

Journal Article


Abstract


  • In May 2010 Australia commenced litigation against Japan in the International

    Court of Justice over the legality of Japanese scientific whaling in the Southern

    Ocean. This article considers the background to the litigation, the basis of

    Australia’s opposition to whaling, and the grounds upon which Australia is

    mounting its challenge. The interpretation of the 1946 International Convention for

    the Regulation of Whaling and the operation of the International Whaling

    Commission are considered in light of the precautionary principle. The article

    concludes that Australia’s success depends upon a broad reading of the Convention

    that takes into account its objects and purposes, as well as wider developments in

    international law. Any guidance that the International Court of Justice can provide

    on the modern interpretation of this now dated Convention is to be welcomed.

Publication Date


  • 2011

Citation


  • R. A. Davis, 'The whaling dispute in the South Pacific: An Australian perspective' (2011) 4 (2) Journal of East Asia and International Law 419-448.

Scopus Eid


  • 2-s2.0-84865204467

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/499

Has Global Citation Frequency


Number Of Pages


  • 29

Start Page


  • 419

End Page


  • 448

Volume


  • 4

Issue


  • 2

Place Of Publication


  • Seoul, Republic of Korea

Abstract


  • In May 2010 Australia commenced litigation against Japan in the International

    Court of Justice over the legality of Japanese scientific whaling in the Southern

    Ocean. This article considers the background to the litigation, the basis of

    Australia’s opposition to whaling, and the grounds upon which Australia is

    mounting its challenge. The interpretation of the 1946 International Convention for

    the Regulation of Whaling and the operation of the International Whaling

    Commission are considered in light of the precautionary principle. The article

    concludes that Australia’s success depends upon a broad reading of the Convention

    that takes into account its objects and purposes, as well as wider developments in

    international law. Any guidance that the International Court of Justice can provide

    on the modern interpretation of this now dated Convention is to be welcomed.

Publication Date


  • 2011

Citation


  • R. A. Davis, 'The whaling dispute in the South Pacific: An Australian perspective' (2011) 4 (2) Journal of East Asia and International Law 419-448.

Scopus Eid


  • 2-s2.0-84865204467

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/499

Has Global Citation Frequency


Number Of Pages


  • 29

Start Page


  • 419

End Page


  • 448

Volume


  • 4

Issue


  • 2

Place Of Publication


  • Seoul, Republic of Korea