Whaling in the Antarctic (Australia v. Japan): A Backgrounder

Abstract

On May 31, 2010, Australia filed its Application Instituting Proceedings against Japan in the Registry of the International Court of Justice (ICJ). The commencement of the action by Australia brings to a head the dispute (sometimes acrimonious) concerning Japan’s annual Southern Ocean whale hunt that has persisted over twenty years. In general terms, Australia alleges that the implementation of the Second Phase of the Japanese Whale Research Program under Special Permit in the Antarctic (JAPRA II) is a breach of obligations assumed by Japan under the International Convention for the Regulation of Whaling (“ICRW”), as well as its other international obligations under the Convention on International Trade in Endangered Species (CITES) and the Convention on Biological Diversity (CBD) for the preservation of marine mammals and the marine environment. This brief note outlines the allegations and offers a brief analysis.