The ICJ Whaling Case: Science, Transparency and the Rule of Law

Journal of Law, Information & Science, Vol 23 (2), 2014-2015

28 Pages Posted: 1 Jun 2015

See all articles by Brendan Gogarty

Brendan Gogarty

University of Tasmania, Faculty of Law

Peter Lawrence

University of Tasmania

Date Written: May 31, 2015

Abstract

The International Court of Justice (ICJ) Whaling Case (Australia v. Japan, New Zealand intervening) was greeted by the popular press, particularly in Australia and New Zealand, as a win for "good science" as opposed to "bogus science". However, in this article we argue that a closer analysis of the decision reveals that the ICJ -- by sidestepping the crucial issue of how to define "scientific research" under the Whaling Convention -- missed an opportunity to further the rule of law in international law, particularly as it applies to commons areas that require scientific cooperation and obligations.

Keywords: Law, International Law, Rule of Law, Rule of International Law, Science, Whaling, Scientific Demarcation, Treaty Interpretation, Japan, Austalia, ICJ, International Court of Justice

JEL Classification: K33

Suggested Citation

Gogarty, Brendan and Lawrence, Peter, The ICJ Whaling Case: Science, Transparency and the Rule of Law (May 31, 2015). Journal of Law, Information & Science, Vol 23 (2), 2014-2015. Available at SSRN: https://ssrn.com/abstract=2612729

Brendan Gogarty (Contact Author)

University of Tasmania, Faculty of Law ( email )

Private Bag 89
Hobart
Tasmania, 7001
Australia

Peter Lawrence

University of Tasmania ( email )

Private Bag 89
Hobart
Tasmania, 7001
Australia

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