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- Core Issues
- Background
- Summary
- Analysis
- Impact
- Further Analysis and Relevant Materials
- Source text
- Decision [eng]
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- I Jurisdiction of the Court
- II Alleged violations of international obligations under the Convention
- 1 Introduction
- 2 Interpretation of Article VIII, paragraph 1, of the Convention
- 3 JARPA II in light of Article VIII of the Convention
- 98
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- A Description of the programmes
- B Whether the design and implementation of JARPA II are reasonable in relation to achieving the programme’s stated research objectives
- (1) Fin and humpback whales
- (2) Antarctic minke whales
- 4 Conclusions regarding alleged violations of the Schedule
- 5 Alleged non-compliance by Japan with its obligations under paragraph 30 of the Schedule
- III REMEDIES
- Dissenting opinion of Judge Owada
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- I Jurisdiction of the Court
- II The object and purpose of the Convention
- III The essential characteristics of the regulatory régime under the Convention
- IV The interpretation of Article VIII
- V The scope of review by the Court
- VI The standard of review by the Court
- VII Application of the standard of review in the present case
- VIII Conclusion
- Opinion dissidente de M. le juge Abraham
- Declaration of Judge Keith
- Dissenting opinion of Judge Bennouna
- Separate opinion of Judge Cançado Trindade
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- I The Object and Purpose of the ICRW Convention
- II Collective Guarantee and Collective Regulation
- III The Limited Scope of Article VIII(1) of the ICRW Convention
- IV The Evolving Law Relating to Conservation: Interactions between Systems
- V The ICRW Convention as a “Living Instrument”: The Evolving Opinio Juris Communis
- VI Inter-Generational Equity
- VII Conservation of Living Species (Marine Mammals)
- VIII Principle of Prevention and the Precautionary Principle: Arguments of the Parties and the Intervenor
- IX Responses from the Experts, and Remaining Uncertainties around “Scientific Research” (under Jarpa-II)
- X Reiterated Calls under the ICRW Convention for Non-Lethal Use of Cetaceans
- XI Concluding Observations, on Jarpa-II Programme and the Requirements of the ICRW Convention and Its Schedule
- Dissenting opinion of Judge Yusuf
- Separate opinion of Judge Greenwood
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- Different approaches to the interpretation of the International Convention for the Regulation of Whaling
- The structure of the Convention and the obligations of Japan
- Whether JARPA II whaling falls within Article VIII, paragraph 1
- Japan’s procedural obligations
- The decision not to order a second round of written argument
- Separate opinion of Judge Xue
- Separate opinion of Judge Sebutinde
- Separate opinion of Judge Bhandari
- Introduction
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- 1 Paragraph 30 of the Schedule to the ICRW
- 2 JARPA II as a commercial whaling programme
- Introduction
- Separate opinion of Judge ad hoc Charlesworth
- Decision [eng]
- [3.238.98.214]
- 3.238.98.214
