Whaling in the Antarctic - MUN ICJ Research Report

8/13/2019 Whaling in the Antarctic - MUN ICJ Research Report

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Forum: International Court of Justice (ICJ)

Issue: Whaling in the Antarctic (Australia vs. Japan)

Student Officer: Divya Jethwani

Position: President

Introduction

Whaling as a means of industrial fishing and occupation has een used for several years and

centuries. !owever" due to the sudden nearing e#tinction and endangerment of several species"components of the international community have $oined hands to revo%e any whaling activities in

order to preserve and prevent the e#tinction of the wondrous whales. &reaties and conventions li%e

the International Convention for the 'egulation of Whaling (IC'W)" have een put into place y the

International Whaling Commission (ICW) which was signed and ratified y various memer nations

in the " creates a asis for regulation and vigilance on the whaling activities in high seas and

various waters.

&his helps to control and monitor private and commercial whaling activities" which now due to the

recent developments in conservation measures are considered a taoo.

&he creation of whaling sanctuaries" namely the *outhern +cean Whale *anctuary regulate the

type of whaling (commercial" private or scientific) that can e conducted y countries and the

limited amount of catches that must e oserved" helping to define grounds to secure the

e#istence of endangered whales.

ntil ,-/" efore the uproar of sentiment towards anti0whaling" the whaling industry was

considered to e a significant part of the governments and economy of several nations worldwide.After the reali1ation of the species of whales nearing endangerment" several nations decide to urge

for restrictions on this occupation.

2ventually" a moratorium was placed" implementing a 1ero catch limit for any commercial or private

purpose" however allowed whaling for scientific purposes to occur. &his moratorium was contested

y nations such as Japan" 'ussia" orway and Peru as it affected their whaling activities and did

not initially provide information aout whaling for scientific purposes. Japan and Peru withdrew

their opposition later. &oday" a moratorium only affects commercial whaling and whaling used for

scientific research is still permitted.


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A recent development etween countries Australia and Japan has called for the filing of

proceedings y Australia against Japan" due to it3s elieve of the violation of the laws of the

moratorium y Japan.

Key Terms

Commercial Whaling0A form of whaling that occurs as a means of profit for a country3s

government. &his involves %illing" ta%ing and selling whale meat or whale oil for profitale means. A

moratorium was placed on commercial whaling y several treaties and conventions.

JARPA IJARPA II0 Japanese Whale 'esearch Program under *pecial Permit in the Antarctic.

JA'PA I (,-44 0 5//6)" JA'PA II (5//6 0 present)

JARP! IJARP! II0 Japanese Whaling 'esearch Programs conducted in the orth Pacific waters.

JA'P I (,--7 0 ,---)" JA'P II (5/// 0 present)

"oratorium0 A delay or suspension of an activity or a law

Scientific Whaling0 Is a form of whaling that is accepted y the whaling commissions and

treaties placed in order to regulate and prevent commercial whaling. &his re8uires the usage of

whales to otain scientific data to predict geographical trends and patterns and understand whale

ehavior.

"a#or Parties In$ol$ed

The Australian Claim

Australia has een a %ey figure in the application of this case against the Japanese 9overnment.

&heir prime o$ection is that Japan claims to use scientific whaling in order to cover up for their

commercial whaling in JA'PA II" which has een running since 5//. *everal organi1ations such

as 9reenPeace and World Wildlife :und are also in accord with Australia3s approach. After the

conduction of feasiility studies" the pro$ected numers for JA'PA II3s catches was limited to a

ma#imum of 46/ min%e whales (with a ,/; leverage < or 0) and ,/ fin whales were re8uired for

the study. !owever" after the conduction of the program in the first year" the pro$ected numers

were deemed too little and Japan re8uested for the ma#imum catch to e raised to 46/ min%e

whales (with a ,/; leverage < or 0)" 6/ fin whales and an addition of 6/ humpac% whales to the

8uota. After eing re8uested to suspend the catch of humpac% whales y the nited *tates"


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JA'PA II terminated the ta%e of humpac% whales and has aided y the oligation to date.

onetheless" due to its lethal approach in the %illing of marine animals that are almost nearing

e#tinction" Australia and several countries oppose the conduction of JA'PA II as a means of

scientific research. Due to its geographical location near the Antarctic 22=" Australia has een a

%ey figure in this case and consistently voiced opinions and o$ections to Japanese whaling

programs" urging for a cease on all lethal research in the Antarctic" however have gone unheard

until proceedings were instituted in the International Court of Justice.

Australia%s Prayer for Relief

Australia appeals to the court to find and sentence Japan for a reach of oligations to previous

treaties through the implementation of >scientific3 research program JA'PA II. Australia further

re8uests for the termination of JA'PA II" also annulling ac8uired permits that allow lethal

commercial whaling activities in the name of >scientific research.3

Australia further has re8uested Japan to provide assurance of this termination" stating that it will

immediately discontinue all activities and will not indulge in further action for the program JA'PA II

and will not pursue similar programs or activities in the coming future.

The Ja&anese Claim

Japan continues to argue that the scientific purpose of whaling is re8uired in order to continue

studies on se# and ages of whale populations" as well as to understand their distriution according

to geographical patterns.

Japan defends JA'PA II and claims that it is permitted under the International Whaling for the

'egulation of Whaling (IC'W) as it has een accepted and certified for a scientific purpose. &he

Australian attac% on Japan selling whale meat has een reutted y elucidation of the IWC

regulation" that re8uires any whale meat otained through scientific purposes to not go to waste.

!ence" in order to avoid any wastage of the otained meat" Japan has put these meats up for sale

on their supermar%et shelves.

:urthermore" Japan continues to defend itself in response to any o$ection raised against the

JA'PA program and reinstates that it has not reached any oligations produced y the IC'W due

to its scientific nature and contends that JA'PA II continues as research is vital for the

preservation and understanding of whale populations.


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Ja&an%s Prayer for Relief

Japan appeals to the court that JA'PA II continue as earlier" as it falls under the pursuit of

scientific whaling and there is no wrongdoing which has occurred on Japan3s part due to this.

Japan continues to reiterate the importance of lethal measures in scientific whaling methods in

order to allow for research to occur.

Timeline of '$ents

5, Decemer 5// 0 Australia along with 5- other nations issues an ?Aide "emoire( to Japan"

e#pressing and stating their concerns and ?strong o$ection to the resumption of the second

Japanese Whale 'esearch Program under *pecial Permit in the Antarctic (JA'PA II)@ along with

other concerns in regard to the ?future recovery and long term viaility of these species@ eing

otained y JA'PA II. &he concerned states showed regret that JA'PA II has egun to undermine

the aility of survival for several whale species. Japan recogni1ed and responded to this ?Aide

"emoire)( however did not show any interest towards cease the operations of JA'PA II

, Bay 5/,/ 0 Australia issues an application to institute proceedings against the 9overnment of

Japan with concern aout their large0scale program of whaling under special permits in its second

phase %nown as JA'PA II. Australia assumes a reach of oligations y Japan under several

treaties and conventions created to ensure preservation and conservation of marine animals and

the environment. A reach assumed y Japan specifically of the International Convention for the

'egulation of Whaling (IC'W)

- Bay 5/,, 0 Australia sumits olume , of their memorial citing various details and facts aout

the reach of oligation under the IC'W assumed y Japan. &his ranges from the adoption of the

convention y oth parties to the o$ect and purpose of its implementation. &he memorialfurthermore discusses the development of a commercial whaling moratorium and the refusal of

Japan to follow and respect this moratorium. In addition to the aove" the memorial cites facts and

provides insight into the apparent ?scientific@ whaling conducted y Japan as a replacement of

?commercial@ whaling. astly" the memorial provides remedies and solution to the reach of the

IC'W and the e#pected outcome of this case y the International Court of Justice.

- Barch 5/,5 0 Japan sumits a olume , of a counter0memorial citing counterclaims in support

and favor of their stance. Japan discusses the need to continue the operations of JA'PA II in order


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to determine and understand whale species and appeals to continue whaling under ?scientific

purposes@

7 April 5/, 0 ew =ealand sumits a written intervention on the case in order to present the views

of their government as a third party and a signatory to the IC'W. ew =ealand also related to the

IC'W and Article III and its implementation in their written proceedings and instates the

importance of signatory states to aide y its regulations in order to achieve their goal of

conserving and protect marine wildlife.

*uestions to Consider

I. !ow will the presented laws and treaties validate either parties claimsE

II. Are international oligations truly reached y Japan through their conduction of the whaling

program for scientific research in the *outhern +ceanE What evidence is there to prove the

occurrenceE

III. !as Australia een aiding to their oligatory guidelines in relation to the International

Convention for the 'egulation of WhalingE (IC'W)

I. What is the true purpose of JA'PA II" despite what Japanese officials say" what does the

evidence support 0 commercial or scientific whalingE

. If so" is Japan ale to prove JA'PA II as act of whaling due to a scientific purposeE

I. Does provided evidence set asis for Japan to terminate JA'PA II instantlyE

Related +ocuments

The ,nited !ations Con$ention on the -a. of the Sea /,!C-OS0) Article 112) 113) 114

Article ,, 0 5+uty of States to ado&t .ith res&ect to their nationals measures for the

conser$ation of the li$ing resources of the high seas(

All *tates have the duty to ta%e" or to cooperate with other *tates in ta%ing" such measures

for their respective nationals as may e necessary for the conservation of the living resources of

the high seas.

Article ,,4 0 5Coo&eration of States in the conser$ation and management of li$ing

resources(

*tates shall cooperate with each other in the conservation and management of living

resources in the areas of the high seas. *tates whose nationals e#ploit identical living resources"

or different living resources in the same area" shall enter into negotiations with a view to ta%ing the


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measures necessary for the conservation of the living resources concerned. &hey shall" as

appropriate" cooperate to estalish suregional or regional fisheries organi1ations to this end.

Article ,,- 0 5Conser$ation of the li$ing resources of the high seas(

,. In determining the allowale catch and estalishing other conservation measures for the

living resources in the high seas" *tates shallF

(a) ta%e measures which are designed" on the est scientific evidence availale to the *tates

concerned" to maintain or restore populations of harvested species at levels which can produce the

ma#imum sustainale yield" as 8ualified y relevant environmental and economic factors" including

the special re8uirements of developing *tates" and ta%ing into account fishing patterns" the

interdependence of stoc%s and any generally recommended international minimum standards"

whether suregional" regional or gloalG

() ta%e into consideration the effects on species associated with or dependent upon harvested

species with a view to maintaining or restoring populations of such associated or dependent

species aove levels at which their reproduction may ecome seriously threatened.

5. Availale scientific information" catch and fishing effort statistics" and other data relevant to the

conservation of fish stoc%s shall e contriuted and e#changed on a regular asis through

competent international organi1ations" whether suregional" regional or gloal" where appropriate

and with participation y all *tates concerned.

. *tates concerned shall ensure that conservation measures and their implementation do not

discriminate in form or in fact against the fishermen of any *tate.

&he aove articles" all a part of *ection 5 (Conservation and Banagement of the living resources of

the high seas) of the convention3s Part II (!igh *eas) are associated to *ection 5" Part HI of the

convention which is responsile for the protection of the marine environment of seas and the

inspection of marine scientific research. *ignatories who violate the convention and their oligationto conserve and protect the marine life of high seas are su$ect to legal corollaries. If any laws or

scientific research programs disregard the convention" the regarding parties should also

e#perience ramifications. Japan and Australia have oth ratified the C+*.

Japan (5/ June ,--)

Australia (6th +ctoer ,--7)


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International Con$ention for the Regulation of Whaling /ICRW0

Article III 0

,. otwithstanding anything contained in this Convention any Contracting 9overnment may

grant to any of its nationals a special permit authori1ing that national to %ill" ta%e and treat whales

for purposes of scientific research su$ect to such restrictions as to numer and su$ect to such

other conditions as the Contracting 9overnment thin%s fit" and the %illing" ta%ing" and treating of

whales in accordance with the provisions of this Article shall e e#empt from the operation of this

Convention. 2ach Contracting 9overnment shall report at once to the Commission all such

authori1ations which it has granted. 2ach Contracting 9overnment may at any time revo%e any

such special permit which it has granted.

5. Any whales ta%en under these special permits shall so far as practicale e processed and the

proceeds shall e dealt with in accordance with directions issued y the 9overnment y which the

permit was granted.

. 2ach Contracting 9overnment shall transmit to such ody as may e designated y the

Commission" in so far as practicale" and at intervals of not more than one year" scientific

information availale to that 9overnment with respect to whales and whaling" including the results

of research conducted pursuant to paragraph , of this Article and to Article I.

7. 'ecogni1ing that continuous collection and analysis of iological data in connection with the

operations of factory ships and land stations are indispensale to sound and constructive

management of the whale fisheries" the Contracting 9overnments will ta%e all practicale

measures to otain such data.

6i7liogra&hy

18 Australia to Bount egal Kid against Japan Whaling. KKC ews. KKC" 57 July 5/,.

We. LhttpFMMwww.c.co.u%MnewsM,/,-/N.

98 Anton" Donald O. Dispute Concerning Japan3s JA'PA II Program of ?*cientific Whaling@

(Australia v. Japan). A*I Insights ,7.5/ (n.d.)F n. pag. &he American *ociety of

International aw. &he American *ociety of International aw" 4 July 5/,. We.

LhttpFMMwww.asil.orgMinsights,///4.cfmN.
http://www.bbc.co.uk/news/10179360http://www.asil.org/insights100708.cfmhttp://www.asil.org/insights100708.cfmhttp://www.asil.org/insights100708.cfmhttp://www.asil.org/insights100708.cfmhttp://www.bbc.co.uk/news/10179360


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3. Japan0Australia 'elations. B+:AF. .p." n.d. We. /, Aug. 5/,.

LhttpFMMwww.mofa.go.$pMregionMasia0paciMaustraliaMinde#.htmlN.

4. und" 9raham. Asian Correspondent Asia ews. Japan vs. AustraliaF Whaling 'ow.

Asian Correspondant" , July 5/,. We. / July 5/,.

LhttpFMMasiancorrespondent.comM,,/57M$apan0vs0australia0whaling0rowMN.

8 'eport of the Intersoessional Wor%shop to 'eview Data and 'esults from *pecial Permit

'esearch 'esearch on Bin%e Whales in the Antarctic" &o%yo" 704 Decemer 5//.

International Whaling Commission. Camridge" nited Oingdom. 5//.

LhttpFMMwww.icrwhale.orgMpdfM*C6-'ep,.pdfN

. 'othwell" Donald '. Australia v. JapanF JA'PA II Whaling Case efore the International

Court of Justice. &he !ague Justice Portal. !ague Academic Coalition" 5/,/. We.

LAustralia v. JapanF JA'PA II Whaling Case efore the International Court of JusticeN.

. Whaling in the Antarctic. International Court of Justice. .d. International Court of Justice.

International Court of Justice" 5, July 5/,. We. LhttpFMMwww.ic$0

ci$.orgMdoc%etMfilesM,74M,6-6,.pdfN

4. ?Whaling in the Antarctic (Australia v. Japan)F Closure of written proceedings. @ &he

International Court of Justice. ,4 July 5/,. LhttpFMMwww.ic$0

ci$.orgMdoc%etMfilesM,74M,/57.pdfN

A&&endices

I. nited ation Convention on the aw of the *ea 0 (C+*)

httpFMMwww.un.orgMdeptsMlosMconventionagreementsMte#tsMunclosMC+*0&+C.htm

Articles ,," ,,4" ,--. Parties are welcome to use additional Articles in this convention that arerelative or convenient to their stance.

II. World Wildlife :und Press 'elease 0 httpFMMworldwildlife.orgMpress0releasesMwwf0statement0on0

ic$0whaling0case0australian0government0vs0government0of0$apan
http://www.mofa.go.jp/region/asia-paci/australia/index.htmlhttp://asiancorrespondent.com/110724/japan-vs-australia-whaling-row/http://www.icrwhale.org/pdf/SC59Rep1.pdfhttp://www.icj-cij.org/docket/files/148/15951.pdfhttp://www.icj-cij.org/docket/files/148/15951.pdfhttp://www.icj-cij.org/docket/files/148/15951.pdfhttp://www.icj-cij.org/docket/files/148/15951.pdfhttp://www.icj-cij.org/docket/files/148/17024.pdfhttp://www.icj-cij.org/docket/files/148/17024.pdfhttp://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htmhttp://worldwildlife.org/press-releases/wwf-statement-on-icj-whaling-case-australian-government-vs-government-of-japanhttp://worldwildlife.org/press-releases/wwf-statement-on-icj-whaling-case-australian-government-vs-government-of-japanhttp://www.mofa.go.jp/region/asia-paci/australia/index.htmlhttp://asiancorrespondent.com/110724/japan-vs-australia-whaling-row/http://www.icrwhale.org/pdf/SC59Rep1.pdfhttp://www.icj-cij.org/docket/files/148/15951.pdfhttp://www.icj-cij.org/docket/files/148/15951.pdfhttp://www.icj-cij.org/docket/files/148/15951.pdfhttp://www.icj-cij.org/docket/files/148/17024.pdfhttp://www.icj-cij.org/docket/files/148/17024.pdfhttp://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htmhttp://worldwildlife.org/press-releases/wwf-statement-on-icj-whaling-case-australian-government-vs-government-of-japanhttp://worldwildlife.org/press-releases/wwf-statement-on-icj-whaling-case-australian-government-vs-government-of-japan


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Documents

Whaling in the Antarctic - MUN ICJ Research Report