Whaling in the Antarctic (Australia v Japan: New Zealand Intervening): Progressive Judgment or Missed Opportunity for the Development of International Environmental Law?

Abstract

This article explains and analyses the judgment of the International Court of Justice (ICJ) in the dispute between Australia and Japan regarding the latter country’s whaling operations in the Southern Ocean under the International Convention for the Regulation of Whaling (ICRW). The primary objective is to investigate the broader implications of the judgment for the development of international law as this case presented the ICJ with an opportunity to provide guidance on several issues of importance for the future direction and development of international environmental law. In particular, this article focuses on the ICJ’s approach towards arguments raised by the parties regarding the evolution of the ICRW and the role of precaution; as well as the novel standard of review adopted by the ICJ in
interrogating state conduct.