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Whaling in the Antarctic: Australia vs. Japan Lecture Notes
Jun 26, 2024
Whaling in the Antarctic: Australia vs. Japan (with New Zealand intervening) - Lecture Notes
Presenter
Amanda Tilly
at St. Petersburg College
Course
: Legal Ethical Issues and Veterinary Technology
Overview
Definitions
History of Whaling
International Whaling Commission (IWC)
Whaling in Australia
Whaling in Japan
Case Synopsis
Arguments and Defenses
Australia’s Arguments
Japan’s Defense
Court Ruling and Judgment
Reflection
Key Definitions
IWC
: International Whaling Commission
Moratorium
: Suspension/ending
JARPA II
: Japanese Whale Research Program under Special Permit in the Antarctic, Phase II
ICRW
: International Convention for the Regulation of Whaling
Article 8
: Allows for killing of whales for scientific purposes
ICJ
: International Court of Justice
What is Whaling?
Hunting of whales for meat or oil
Practiced by Norway, Iceland, and Japan for ~4,000 years
Uses:
Meat for food
Blubber for oil lamps
Bone for corsets, hoop skirts, tools
Baleen for baskets
International Whaling Commission (IWC)
Founded in 1946 to prevent whale extinction by regulating whaling
1986
: Moratorium on commercial whaling; introduced scientific research permitting
Sanctuaries Established
:
1979
: Indian Ocean
1994
: Surrounding Antarctic Ocean
Whaling in Australia
Began in late 18th century
Early 19th century: major industry with advanced technologies (harpoon guns, steam engines)
Decline due to falling whale populations; industry collapse
1978
: End of commercial whaling
1979
: Anti-whaling policy; focus on IWC and international conservation
Active in multiple IWC committees
Whaling in Japan
Practiced small-scale whaling for centuries; commercial whaling popular in late 17th century
Joined IWC in 1951, opposed commercial whaling suspension (1982), retracted objections in 1985
1988
: Acquired special permits for scientific research whaling
Average harvest: 1800 whales annually; samples sent to labs
2005
: Created JARPA II—plan to cull 1000 whales annually for 16 years
Case Synopsis
Australia vs. Japan
: Filed application to ICJ on May 31, 2010
Claims: Japan exploiting loophole in moratorium, abusing special permits, waling in Southern Ocean Sanctuary
Argument: Whether special permits qualify under Article 8; JARPA II's legality
Australia’s Arguments
Breach of obligations under ICRW
Zero catch limit for commercial whaling
No commercial whaling of fin whales in the Southern Ocean Sanctuary
Ban on factory ships and whale catchers linked to factory ships
JARPA II not used for scientific purposes as per Article 8
Japan’s Defense
ICJ had no jurisdiction over the claim
Claimed JARPA II area was high seas, not sanctuary property
JARPA II: 18-year research exempt from Article 8 constraints
Court Ruling and Judgment
ICJ has jurisdiction over the application from Australia
New Zealand’s application to intervene was valid
Ruling:
JARPA II’s design/implementation not reasonable/relevant to scientific objectives
Data collected insufficient
JARPA II isolated findings
JARPA II violated ICRW in Southern Ocean Sanctuary
Judgment: Japan must revoke all permits/licenses related to JARPA II; no future permits under Article 8 for JARPA II
ICJ acknowledges divergent global views on whaling
ICJ abstains from defining 'scientific research'
Reflection
Judgment favorable for whales, sanctuary, IWC, Australia, and New Zealand
Significant for future environmental protection and conservation rulings
Update
: July 2019—Japan withdrew from IWC, likely to avoid IWC regulations
Overall positive outcome for the case
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Full transcript