Abstract
Australia commenced proceedings in the International Court of Justice (ICJ) in May 2010 after a long running period of diplomatic activity at a bilateral and multilateral level to stop Japan’s whaling programs in the Southern Ocean. First with JARPA (1987-2005), and then JARPA II (2005-2014), successive Australian governments sought to raise their concerns over Japan’s whaling programs within the International Whaling Commission (IWC), with other conservation-minded States, and directly with Japan (Anton 2009). Only after having had these multiple diplomatic efforts rebuffed, did Australia finally commence ICJ proceedings in 2010. Litigation in the ICJ was commenced against a backdrop of Australia and Japan having a very strong post-war bilateral relationship, founded on trade and increasing security ties (Klein 2009: 143).
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