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Whaling in the Antarctic: Significance and Implications of the ICJ Judgment

Whaling in the Antarctic: Significance and Implications of the ICJ Judgment

Author: Malgosia Fitzmaurice; Dai Tamada
Publisher: Brill Nijhoff
ISBN: 9789004313644
Published In: June 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,875.30

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Description
Contents

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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 (eds.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.

Notes on Contributors

Introduction Malgosia Fitzmaurice and Dai Tamada

Part 1 The Law of Evidence and Standard of Review

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

Part 2 Substantive Law Aspects: The Law of Treaties

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

Part 3 Procedural Law Aspects

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

Part 4 Institutional Implications of the Judgment

The Whaling Judgment and the Challenges of Dynamic Treaty Regimes Mika Hayashi

iwc and the icj Judgment Joji Morishita

Part 5 Domestic and International Implications of the Judgment

The Whaling Case: An Australian Perspective Donald R. Rothwell

10.

After the Whaling in the Antarctic Judgment: Its Lessons and Prospects from a Japanese Perspective Hironobu Sakai

11.

Science in the Court! The Role of Science in ‘Whaling in the Antarctic’ Anthony Press