3 décembre 2016

OUVRAGE : M. Fitzmaurice, D. Tamada (eds.), Whaling in the Antarctic: Significance and Implications of the ICJ Judgment


This publication gives an in-depth analysis of a very important but complex case before the International Court of Justice, the Whaling in Antarctic case, which is a landmark case in international law. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners.

Malgosia Fitzmaurice & Dai Tamada, Introduction 
Caroline E. Foster, Methodologies and Motivations: Was Japan’s Whaling Programme for Purposes of Scientific Research? 
Shotaro Hamamoto, From the Requirement of Reasonableness to a ‘Comply and Explain’ Rule: The Standard of Review in the Whaling Judgment 
Malgosia Fitzmaurice, The Whaling Convention and Thorny Issues of Interpretation 
Theodore Christakis, The ‘Margin of Appreciation’ in the Use of Exemptions in International Law: Comparing the ICJ Whaling Judgment and the Case Law of the ECtHR 
Dai Tamada, Unfavourable but Unavoidable Procedures: Procedural Aspects of the Whaling Case 
Christian J. Tams, Roads Not Taken, Opportunities Missed: Procedural and Jurisdictional Questions Sidestepped in the Whaling Judgment 
Mika Hayashi, The Whaling Judgment and the Challenges of Dynamic Treaty Regimes 
Joji Morishita, IWC and the ICJ Judgment 
Donald R. Rothwell, The Whaling Case: An Australian Perspective 
Hironobu Sakai, After the Whaling in the Antarctic Judgment: Its Lessons and Prospects from a Japanese Perspective 
Anthony Press, Science in the Court! The Role of Science in ‘Whaling in the Antarctic’ 
Akiho Shibata, Conclusion: The Judgment, Its Implications and Prospects

Malgosia FITZMAURICE, Dai TAMADA (eds.), Whaling in the Antarctic: Significance and Implications of the ICJ Judgment, Leiden, Brill/Nijhoff, 2016 (423 pp.)

Malgosia Fitzmaurice, Ph.D., University of Warsaw, is Professor of Public International Law at the School of Law, Queen Mary University of London. She has published extensively on international environmental law, the law of treaties, indigenous peoples and Arctic law.

Dai Tamada, Ph.D. (2014), Kyoto University, is Professor of Public International Law at Kobe University, Japan. He has published book and articles, including Legal Effects of Judgments of International Courts and Tribunals (Yuhikaku, Tokyo, 2012, 242 pp.).

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