Japan׳s whaling following the International Court of Justice ruling: Brave New World – Or business as usual?

Abstract

Since 1987, Japan has conducted extensive special permit whaling (“scientific whaling”) in the Antarctic and North Pacific. This has been viewed by many as a way to circumvent the International Whaling Commission׳s (IWC) moratorium on commercial whaling, which was implemented in 1985. Recently, Australia took Japan to the International Court of Justice (ICJ) over this issue. Using various criteria, the Court ruled that Japan׳s whaling was not “for purposes of scientific research” as required by Article VIII of the International Convention for the Regulation of Whaling, and ordered Japan to immediately cease its JARPA II whaling program in the Antarctic. Despite optimism that the Court׳s ruling might spell the end of Japanese whaling in the Antarctic and even elsewhere, Japan has indicated that it will redesign its whaling programs and continue operations. Based upon Japan׳s history at the IWC, I argue here that this was an expected outcome; I predict the course of events over the next months, and suggest that the ICJ ruling, while satisfying as an independent vindication of Japan׳s critics, represents little more than a temporary setback for that nation׳s whaling enterprise.