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Chapter 23. Whaling in the Antarctic: Protecting Rights in Areas Beyond National Jurisdiction through International Litigation

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Chapter Summary

This chapter outlines the Whaling in the Antarctic case, highlighting the claims that Australia is asserting and setting out the broader issues that are at play, or may be brought into play. The example of the Whaling in the Antarctic case is used to examine more broadly the role for international litigation in pursuing claims that arise from activities in areas beyond national jurisdiction. Australia's standing refers to the requirement that a State seeking to enforce a legal right establish a sufficient link between itself and the legal rule that forms the subject matter of the enforcement action. The Whaling in the Antarctic case directly raises before the International Court of Justice (ICJ) fundamental questions concerning the capacity of international law to protect the marine environment beyond national jurisdiction and the organisms and ecosystems it supports.

Keywords: Australia; international court of justice (ICJ); international litigation; legal rights; national jurisdiction; whaling in the Antarctic case



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