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The ICJ Whaling Case: science, transparency and the rule of law.
- Source :
- Journal of Law, Information & Science; 2014/2015, Vol. 23 Issue 2, p134-160, 27p
- Publication Year :
- 2014
-
Abstract
- The International Court of Justice (ICJ) Whaling Case (Australia v. Japan, New Zealand intervening) was greeted by the popular press, particularly in Australia and New Zealand, as a win for "good science" as opposed to "bogus science". However, in this article we argue that a closer analysis of the decision reveals that the ICJ - by sidestepping the crucial issue of how to define "scientific research" under the Whaling Convention - missed an opportunity to further the rule of law in international law, particularly as it applies to commons areas that require scientific cooperation and obligations. [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- ISSN :
- 22003517
- Volume :
- 23
- Issue :
- 2
- Database :
- Complementary Index
- Journal :
- Journal of Law, Information & Science
- Publication Type :
- Academic Journal
- Accession number :
- 108623547