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
Date Written: May 31, 2015
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: Suggested Citation