Japanese Whale Research Program under ‘special permit’ in the Antarctic in the Second Phase (JARPA II) as one of Japan Program is killing, taking and treating the whales for the purposed of a scientific research and it is sustaining from the previous program (JARPA). The whales that are killed from that program are not in small-scale from time to time; hereupon Australia has consistently opposed that program and brought this problem to the International Court of Justice (ICJ). While the problem continues, Japan JARPA II Program is breaching and continuing to breach many international obligations like the International Convention for the Regulation of Whaling (ICRW), Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) and Convention on Biological Diversity (CBD).
All of the Convention which called above also attaches into the Australia Application. To identify the international environmental law perspective of whaling in the Antarctic, thus this undergraduate thesis uses normative juridical methods (doctrinal law research) to examine this particular case between Australia and Japan. As a result, there are many matters which violated the obligations in that international environmental law and actually, the program was not really for scientific research purpose. But the fact is, although International Whaling Commission (IWC) issues the policy of moratorium or prohibited, Japan always uses the permit to counter that policy in scientific research form. After the research was done, the whales distributed to whale industries to be processed and become multi-function products. This model was become questioned and disputed by Australia against Japan. Because of this reason also, there are several provisions cannot be applied to the case. |