UN COURT RULES AGAINST JAPAN'S WHALING ACTIVITIES IN THE ANTARCTIC SUCH ACTIVITY IS TO BE CONFINED TO CURRENTS OF THE NATION ITSELF FROM THE UNITED STATES REPRESENTATIVE

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From: UNNews <UNNews@un.org>
Date: 31 Mar 2014 14:00:01 -0400
Subject: UN COURT RULES AGAINST JAPAN'S WHALING ACTIVITIES IN THE ANTARCTIC
To: news11@ny-mail-p-lb-028.ptc.un.org

UN COURT RULES AGAINST JAPAN'S WHALING ACTIVITIES IN THE ANTARCTICNew
York, Mar 31 2014 2:00PMThe United Nations International Court of
Justice (ICJ) has
<"http://www.icj-cij.org/docket/files/148/18136.pdf">ruled against
Japan in a case involving charges by Australia that the country was
using a scientific research programme to mask a commercial whaling
venture in the Antarctic.

The Hague-based UN judicial arm ordered a temporary halt to the
activities, largely involving fin, humpback and minke whales, finding
that the Japanese Whaling Research Programme under Special Permit in
the Antarctic (JARPA II) is "not in accordance with three provisions
of the Schedule to the International Convention for the Regulation of
Whaling (ICRW)."

In May 2010, Australia instituted proceedings alleging that Japan was
pursuing a large-scale programme of whaling under JARPA II, and was in
breach of its ICRW obligations, as well as its other international
obligations for the preservation of marine mammals and the marine
environment.

In its application, Australia requested that the ICJ order Japan to
"end the research programme, revoke any authorizations, permits or
licences allowing the programme's activities; and provide assurances
and guarantees that it will not take any further action under the
JARPA II or 'any similar programme until such programme has been
brought into conformity with its obligations under international law."

Though Japan rejected the charges and countered that its scientific
research programme was in line with treaty obligations, 12 of the 16
World Court Judges found that the country was in violation of three
ICRW Schedule provisions and, following Australia's request, ordered
that the country "revoke any extant authorization, permit or license
to kill, take or treat whales in relation to JARPA II, and refrain
from granting any further permits" for that programme.

The Court noted that there are three additional aspects of JARPA II
which "cast further doubt" on its characterization as a scientific
research programme: the open-ended time frame of the programme; its
limited scientific output to date; and the lack of cooperation between
JARPA II and other domestic and international research programmes in
the Antarctic Ocean.

"Even if a whaling programme involves scientific research, the
killing, taking and treating of whales pursuant to such a programme
does not fall within Article VIII unless these activities are 'for
purposes of' scientific research," explained the ICJ in a press
release today, adding that it found no evidence of such purpose in
JARPA II.

Judgments handed down by the ICJ are final and binding on the
parties.Mar 31 2014 2:00PM
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