Queen Mary studies in international law ; 23. International Law E-Books Online, Collection 2016, ISBN ; 9789004303904.
This publication gives an in-depth analysis of a very important but complex case before the International Court of Justice. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners. The Whaling in Antarctic case is a landmark case in international law. Contributors: Malgosia Fitzmaurice and Dai Tamada (editions.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.
Includes papers presented at a conference "Whaling in the Antarctic : The ICJ Judgment and its Implications" held at the Kobe University Centre for International Law, May 31-June 1, 2014 discussing the case "Whaling in the Antarctic (Australia v. Japan: New Zealand intervening)".
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preliminary Material / Malgosia Fitzmaurice and Dai Tamada Introduction / Malgosia Fitzmaurice and Dai Tamada Methodologies and Motivations: Was Japan's Whaling Programme for Purposes of Scientific Research? / Caroline E. Foster From the Requirement of Reasonableness to a 'Comply and Explain' Rule: The Standard of Review in the Whaling Judgment / Shotaro Hamamoto The Whaling Convention and Thorny Issues of Interpretation / Malgosia Fitzmaurice The 'Margin of Appreciation' in the Use of Exemptions in International Law: Comparing the ICJ Whaling Judgment and the Case Law of the ECtHR / Theodore Christakis Unfavourable but Unavoidable Procedures: Procedural Aspects of the Whaling Case / Dai Tamada Roads Not Taken, Opportunities Missed: Procedural and Jurisdictional Questions Sidestepped in the Whaling Judgment / Christian J. Tams The Whaling Judgment and the Challenges of Dynamic Treaty Regimes / Mika Hayashi IWC and the ICJ Judgment / Joji Morishita The Whaling Case: An Australian Perspective / Donald R. Rothwell After the Whaling in the Antarctic Judgment: Its Lessons and Prospects from a Japanese Perspective / Hironobu Sakai Science in the Court! The Role of Science in 'Whaling in the Antarctic' / Anthony Press Conclusion: The Judgment, Its Implications and Prospects / Akiho Shibata Conference Report / Yuri Takaya Index / Malgosia Fitzmaurice and Dai Tamada.
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Print version: Whaling in the Antarctic : the ICJ Judgment and its implications (2014 : Kōbe-shi, Japan) Whaling in the Antarctic Leiden ; Boston : Brill Nijhoff, 2016