WHALING IN THE ANTARCTIC: CASE REVIEW AUSTRALIA VS. JAPAN, NEW ZEALAND INTERVENIENT - INTERNATIONAL COURT OF JUSTICE

Abstract

The present article aims to analyze the specific case of Whales in Antarctica whose demand was registered in the International Court of Justice by Australia in the face of Japan and had New Zealand as an intervener. The work provides a brief introduction on the emergence of international legislation for the protection of whales, the facts of the specific case and the synthetic analysis of the points demanded by Australia observed in the Court and the points that the Court does not use in the end. In addition, select a method used by CIJ in this case, which is the review criterion (standard of review), as well as the main aspects of the dissenting votes and the separate vote of Judge Cançado Trindade. In the end, the article brings a critical analysis of the CIJ's decision in this emblematic case, as well as information about the importance of cetaceans in the marine ecosystem and their condition as a diffuse title legal asset.