Introduction. International Court of Justice. Whaling in the Antarctic (Australia vs. Japan)

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1 Forum: Issue: Student Officers: International Court of Justice Whaling in the Antarctic (Australia vs. Japan) Isha Lamba and Yasmin AlKhowaiter Introduction The practice of whaling dates back to prehistoric times, when whales were killed and harvested for meat and oil. Although initially it was limited, whaling activity expanded over time with the advancement of modern technologies such as the harpoon cannon, leading to a spur in whaling in the 17 th century, and the emergence of a prevalent whaling industry. The practice of killing whales became an extensive commercial activity with more than 50,000 whales being killed annually by the late 1930s. The abundant stocks of wildlife in the Antarctic attracted many whaling fleets, from countries including the United States, the United Kingdom, Argentina, Japan, Norway, Russia and Germany. Although it was initially considered to be a significant component of the economies of many of these nations, over-exploitation and intensive whaling in the early 18 th century caused whale populations to plummet causing near extinction and endangerment of several species, including Blue Whales and Humpback Whales. Life in the Antarctic was exploited to an extreme degree, as excessive whaling began to alter the freshwater ecology. This raised ethical concerns and heated controversy, resulting in several nations urging for restriction on whaling activity. Thus, the International Convention for the Regulation of Whaling (ICRW) was signed in 1946, with an agreement between nations to "provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry". This treaty, put in place by the International Whaling Commission (IWC) helps to regulate and monitor whaling activity of 59 nations, governing their commercial, scientific and subsistence whaling practices. However, such restrictions were not very effective in action until the United Nations Conference on the Human Environment in 1972, wherein the IWC voted for a ten-year moratorium on commercial whaling, in order to allow whale populations to recover. This moratorium was objected by nations including Japan, Russia, Norway and Peru, as it affected their economic output from whaling activities. Although commercial whaling was banned with a zero catch limit, some countries such as Japan continued to hunt whales under the claim of scientific research, which was permitted by the ICRW. According to the Australian government, Japan exploited Article VIII of the ICRW, which allows countries to issue special permits for hunting whales for scientific research purposes. Australia claims that Japan used this loophole to kill more than 6,500 Antarctic minke whales during the 18 years that it was conducting research on the whales.

2 Background Information The History of Whaling Whaling is the hunting and killing of whales for commercial, recreational, or scientific purposes. In medieval times, whales were spotted from beaches and killed near the shore. Due to this being a purely coastal activity, only small whales were killed. However, with the creation of the drogue (a harpoon with a buoyant object attached to tire and kill whales), the whaling industry boomed as the demand for whale fat and meat quickly grew. By the late 16th century, right whales (named so because they were the right whales to hunt, as they were placid and yielded a lot of fat) were extinct in the north Atlantic. In the early 17th century, Europeans moved towards the Arctic region in pursuit of bowhead whales. By the 18th century, whaling ships had to move to the Pacific Arctic as they had all but wiped out the whale population in the Arctic region. In the 19th century, independent whaling ships spent years at a time at sea, hunting whales globally. The industry continued to thrive with improved technology and a steady demand for whale products up until the mid-20th century. This was a pivotal point in whaling history, as many types of whales dwindled to unsustainably low numbers. The first major international agreement on whaling, the International Convention for the Regulation of Whaling, was signed in Washington in December, This convention was not created to protect whales, rather, it served the purpose of conserving whale stocks and thus make possible the orderly development of the whaling industry. The convention took measures to protect mother whales with calves, to create on and off season for hunting, and designate specific areas for whale sanctuaries. The International Whaling Commission (IWC) was set up under this convention, tasked with the conservation of whales and the management of whales. With the 1960s came the wave of environmentalism. Environmentalists began campaigns to save whales. Save the Whale became one of their most popular campaigns in the 1970s, bringing groups like Greenpeace to prominence. The massive international support to ban whaling saw many countries join the IWC solely to achieve a ban, leading to the adoption of the moratorium in 1982, which temporarily banned commercial whaling. This did not disallow countries from aboriginal subsistence whaling or scientific research whaling. In 1986, Japan join the IWC under pressure from the United States of America. However, Japan has said that it means to continue whaling one way or another. Article VII Article VII of the ICRW states the following:

3 Notwithstanding anything contained in this Convention, any Contracting Government may grant to any of its nationals a special permit authorizing that national to kill, take, and treat whales for purposes of scientific research subject to such restrictions as to number and subject to other such conditions as the Contracting Government thinks fit, and the killing, taking, and treating of whales in accordance with the provisions of this Article shall be exempt from the operation of this Convention. Australia s Accusation and Request On 31 May 2010, Australia issued proceedings against Japan, alleging that 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 ) is in breach of obligations assumed by Japan under the International Convention for the Regulation of Whaling ( ICRW ), as well as its other international obligations for the preservation of marine mammals and the marine environment. Australia accuses Japan of using scientific research as a coverup for commercial whaling in JARPA II. Due to its location next to the Arctic EEZ, Australia has been a key figure in this case, arguing that the scientific research conducted by Japan is bearing no worthy results. Australia requests the court to declare that Japan is in breach of its international obligations in authorizing and implementing research whaling, that Japan s scientific program is not in accordance with Article VII, and that Japan should immediately cease current programs (JARPA II). Japan s Response and Request Japan, on the other hand, considers the court lacking the jurisdiction to entertain the present case. Japan proclaims to have at all times complied with its obligations under the ICRW and continues to do so. There is thus no cause, according to Japan, to issue decisions of any kind against Japan. Japan requests the court to declare that it lacks jurisdiction, or, alternatively, reject Australia s claims. Bibliography "Catch Limits & Catches Taken." Catch Limits. N.p., n.d. Web. 24 Oct < Franklin, Ken. "Whaling in Antarctica a Tale of Slaughter." BlueVoice - Saving Dolphins and Whales, Protecting the Oceans. BlueVoice.org, n.d. Web. 24 Oct < "Japan to Resume Whaling in Antarctic Waters." ABC News. N.p., 18 Sept Web. 24 Oct < "Whaling in the Antarctic - MUN ICJ Research Report." Scribd. N.p., n.d. Web. 24 Oct

4 < Report>. Flack, Nicholas. "UNIC Canberra." UNIC Canberra. 27 June Web. 1 Nov < hears- case- of- whaling- in- antarctic- australia- vs- japan/> Krepitch, Tom. "Australia v. Japan." Academia.edu. Web. 1 Nov < "Whaling." Politics.co.uk. 1 Jan Web. 1 Nov <

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