Whaling in the Antarctic

Contents

Notes on Contributors

Introduction Malgosia Fitzmaurice and Dai Tamada

Part 1 The Law of Evidence and Standard of Review

1 Methodologies and Motivations: Was Japan's Whaling Programme for Purposes of Scientific Research? Caroline E. Foster
2 From the Requirement of Reasonableness to a 'Comply and Explain' Rule: The Standard of Review in the Whaling Judgment Shotaro Hamamoto

Part 2 Substantive Law Aspects: The Law of Treaties

3 The Whaling Convention and Thorny Issues of Interpretation Malgosia Fitzmaurice
4 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 Christakis

Part 3 Procedural Law Aspects

5 Unfavourable but Unavoidable Procedures: Procedural Aspects of the Whaling Case Dai Tamada
6 Roads Not Taken, Opportunities Missed: Procedural and Jurisdictional Questions Sidestepped in the Whaling Judgment Christian J. Tams

Part 4 Institutional Implications of the Judgment

7 The Whaling Judgment and the Challenges of Dynamic Treaty Regimes Mika Hayashi
8 iwc and the icj Judgment Joji Morishita

Part 5 Domestic and International Implications of the Judgment

9 The Whaling Case: An Australian Perspective Donald R. Rothwell
10 After the Whaling in the Antarctic Judgment: Its Lessons and Prospects from a Japanese Perspective Hironobu Sakai
11 Science in the Court! The Role of Science in 'Whaling in the Antarctic' Anthony Press

Conclusion: The Judgment, Its Implications and Prospects Akiho Shibata

Conference Report Yuri Takaya

Index