New Zealand Law Journal, p. 124, May 2014
4 Pages Posted: 9 Aug 2014 Last revised: 13 Aug 2015
Date Written: May 1, 2014
In this article, Sir Geoffrey Palmer QC discusses the International Court of Justice finding against Japan in Whaling in the Antartic (Australia v Japan, New Zealand intervening). The discussion examines the rigorous standard of review taken by the ICJ in assessing whether Japan’s scientific whaling programme was within the boundaries of the article of the International Convention for the Regulation of Whaling allowing whaling for the purposes of scientific research. The decision against Japan was unexpected in the view of many governments and is encouraging for international environmental law. The article considers Japan’s future options for their scientific whaling programmes, as well as the implications of the reasoning and decision for the IWC.
Keywords: International environmental law, International Court of Justice, International Convention for the Regulation of Whaling, International Whaling Commission
JEL Classification: K32, K33
Suggested Citation: Suggested Citation
Palmer QC, Sir Geoffrey, A Victory for Whales: Sir Geoffrey Palmer QC Explains Aspects of the ICJ Decision (May 1, 2014). New Zealand Law Journal, p. 124, May 2014; Victoria University of Wellington Legal Research Paper No. 92/2015. Available at SSRN: https://ssrn.com/abstract=2477544