Whaling in the Antarctic

Malgosia Fitzmaurice, Ph.D., University of Warsaw, is Professor of Public International Law at the School of Law, Queen Mary University of London. She has published extensively on international environmental law, the law of treaties, indigenous peoples and Arctic law.Dai Tamada, Ph.D. (2014), Kyoto University, is Professor of Public International Law at Kobe University, Japan. He has published book and articles, including Legal Effects of Judgments of International Courts and Tribunals (Yuhikaku, Tokyo, 2012, 242 pp.).

• ContentsNotes on ContributorsIntroduction Malgosia Fitzmaurice and Dai TamadaPart 1 The Law of Evidence and Standard of Review1 Methodologies and Motivations: Was Japan’s Whaling Programme for Purposes of Scientific Research? Caroline E. Foster2 From the Requirement of Reasonableness to a ‘Comply and Explain’ Rule: The Standard of Review in the Whaling Judgment Shotaro HamamotoPart 2 Substantive Law Aspects: The Law of Treaties3 The Whaling Convention and Thorny Issues of Interpretation Malgosia Fitzmaurice4 The ‘Margin of Appreciation’ in the Use of Exemptions in International Law: Comparing the icj Whaling Judgment and the Case Law of the ECtHR Theodore ChristakisPart 3 Procedural Law Aspects5 Unfavourable but Unavoidable Procedures: Procedural Aspects of the Whaling Case Dai Tamada6 Roads Not Taken, Opportunities Missed: Procedural and Jurisdictional Questions Sidestepped in the Whaling Judgment Christian J. TamsPart 4 Institutional Implications of the Judgment7 The Whaling Judgment and the Challenges of Dynamic Treaty Regimes Mika Hayashi8 iwc and the icj Judgment Joji MorishitaPart 5 Domestic and International Implications of the Judgment9 The Whaling Case: An Australian Perspective Donald R. Rothwell10 After the Whaling in the Antarctic Judgment: Its Lessons and Prospects from a Japanese Perspective Hironobu Sakai11 Science in the Court! The Role of Science in ‘Whaling in the Antarctic’ Anthony PressConclusion: The Judgment, Its Implications and Prospects Akiho ShibataConference Report Yuri TakayaIndex