H�dTiTW����XP�h�V���q�AAqD@�%���4KC�Mu�.���Rl#�Ad1�6Br�$n�('�CtF���fs�}=�y���5U�뽺���{$��!H���qC�QA�3�5�����z]�uo���C{�~�6��A��q��ΐ�ٮ�sa��$mCr������I�1�c��)9�u�:_��(ة�פ�w槤j�S���4u�>G�Ә�Qhtڌ�lu����q�֕߫S5iA�p�'f��R�G4jCD(�8�� �H�I�&��~��.BA��F��xA���O��6��'�I�Tx+�O�(�ڝ�{m��^r`*�9�w'?�F���0e���s�s���%��'�y�Ů�&���8�d�e�����. Both Japan (the defendant) and Australia (who brought the case before the court) have already agreed to abide by the outcome of the decision. The International Court of Justice is ruling Monday on Japan's whaling program in Antarctic waters, in a case brought by Australia. The International Court of Justice's (ICJ) decision in The Hague comes after years of animosity between Australia and Japan over the legality and morality of whaling. It agreed with Australia, which brought the case in … science and law In this paper, I discuss the case in the International Court of Justice (ICJ) Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) (henceforth Whaling). The International Court of Justice has upheld Australia's bid to ban Japan's Antarctic whaling program. Backgrounder: Why Australia took Japan to court over whaling However, it considered that the evidence before it did not establish that the programme’s design and implementation were reasonable in relation to achieving its stated objectives. The court went on to say that Japan must stop issuing permits for this whaling. Public hearings begin in The Hague as Australia and Japan take their fight over whaling to the International Court of Justice (ICJ). The Court then turned to the implications of that conclusion, in light of Australia’s contention that Japan had breached several provisions of the Schedule annexed to the Convention. 7 0 obj << Japan hunts around a thousand mostly minke whales annually in the icy waters of the Southern Ocean as part of what it calls a scientific program. /Filter /FlateDecode << The International Court of Justice has backed Australia’s landmark case and demanded Japan stop its whaling program in the Antarctic “with immediate effect”. SOUNDBITE 2: Noriyuki Shikata (man) Japanese delegation spokesman (English, 34 secs): "Japan has come to the International Court of Justice to make its case, in response to Australia's claim that Japan's research whaling programme is in breach of the International conventions. >> In an Order of 13 February 2013, having noted that New Zealand met the requirements set out in the Statute and the Rules of Court, the Court found that the declaration of intervention was admissible. Whaling in the Antarctic (Australia v. Japan: New Zealand intervening). Written responses of New Zealand to the questions put by Judge Cançado Trindade at the end of the public sitting held on 8 July 2013 at 10 a.m. Written comments of Australia on Japan's responses to questions put by Judges during the oral proceedings, Separate opinion of Judge Cançado Trindade, Separate opinion of Judge ad hoc Charlesworth. /Length 405 The ICJ's 16-judge panel ruled 12 votes to four in favour of Australia's argument that Japan's whaling program was not in fact designed and carried out for scientific purposes. H�\��j�0E��zl�[u���B��l��ؓ�����b��:�R����!�ui���?��gwi'S���~������Ե-~�����aۏG}4ŏ�k��>�7�G[n�����]����zʅ���{{Q[,��}�ׇ���3���}�Ԗ���2���uj;Mm���o�������i��K��Z嗩+r����\�+�#;���%o3;�q��u�:f�Γ=�u�@�g�3���RGށ_�/�Wrބ����������������A�,pfYaV�fYaV�,=�Ґ0=�BO���S��+�W`��^��z� On 31 May 2010, Australia instituted proceedings against Japan in respect of “Japan’s continued pursuit of a large‑scale program of whaling under the Second Phase of its Japanese Whale Research Program under Special Permit in the Antarctic (‘JARPA II’), in breach of obligations assumed by Japan under the International Convention for the Regulation of Whaling (‘ICRW’), as well as its other … With respect to the interpretation of this provision, the Court noted that even if a whaling programme involves scientific research, the killing, taking and treating of whales pursuant to such a programme does not fall within Article VIII unless these activities are “for purposes of” scientific research. %���� case Whaling in the Antarctic (Australia v. Japan: New Zealand In-tervening) in the International Court of Justice. The UN's International Court of Justice (ICJ) has ruled that the Japanese government must halt its whaling programme in the Antarctic. Relying on Article 63, paragraph 2, of the Statute, it contended that, as a party to the ICRW, it had a direct interest in the construction that might be placed upon the Convention by the Court in its decision in the proceedings. On March 31, 2014, the International Court of Justice declared that Japan must halt its current whaling program in the Southern Ocean. Australia v. Japan: ICJ Halts Antarctic Whaling Tuesday, April 8, 2014 On March 31, 2014, the International Court of Justice declared that Japan must halt its current whaling program in the Southern Ocean. Contentious cases organized by incidental proceedings, States entitled to appear before the Court, States not members of the United Nations parties to the Statute, States not parties to the Statute to which the Court may be open, Declarations recognizing the jurisdiction of the Court as compulsory, Organs and agencies authorized to request advisory opinions, Series A: Collection of Judgments (1923-1930), Series B: Collection of Advisory Opinions (1923-1930), Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931), Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents, Series D: Acts and Documents concerning the organization of the Court, Declaration of Intervention by New Zealand, Written observations of Australia on the Declaration of Intervention by New Zealand, Written observations of Japan on the Declaration of Intervention by New Zealand, Statement of Mr. Lars Walløe (expert called by Japan), Statement of Mr Marc Mangel (expert called by Australia), Statement of Mr Nick Gales (expert called by Australia), Statement of Mr. Nick Gales (expert called by Australia) in response to the statement submitted by Mr. Lars Walløe (expert called by Japan), Observations of Japan on the statements submitted by the experts called by Australia, Statement of Mr. Marc Mangel (expert called by Australia) in response to the statement submitted by Mr. Lars Walløe (expert called by Japan), Written Observations of Japan on the written observations submitted by New Zealand, Letter dated 5 June 2013 from the Agent of Australia, Letter dated 10 June 2013 from the Agent of Japan, Letter dated 13 June 2013 from the Agent of Australia, Letter dated 17 June 2013 from the Agent of Japan, Extract of letters dated 21 June 2013 from the Registrar to the Agents of the Parties. 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