Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

After Whaling in the Antarctic: Amending Article VIII to Fix a Broken Treaty Regime

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Since the global decline in commercial whaling, the International Whaling Commission (IWC) has been at the centre of a long-standing debate between pro-whaling industry States and whale preservation States that threatens the collapse of the International Convention for the Regulation of Whaling (ICRW) as a treaty regime. This article describes the ongoing treaty regime disagreement that led to the International Court of Justice (ICJ) Whaling in the Antarctic case and suggests that the ICJ’s decision highlights further weaknesses in the existing ICRW treaty regime. The fissures in the treaty regime have become even more apparent with the IWC Scientific Committee’s request for more data from the Japanese government on the Proposed Research Plan for New Scientific Whale Research Program in the Antarctic Ocean (NEWREP-A) and Japan’s diplomatic threat to unilaterally resume whaling. The article concludes with a suggestion that States amend Article VIII in order to strengthen the existing ICRW framework.

Affiliations: 1: University of Idaho College of LawMoscow, IDUSA; 2: Inha University Law SchoolIncheonKorea


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The International Journal of Marine and Coastal Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation