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On the face of it, international arguments about whaling are simple. There is broad support for the view that hunting whales should be banned, and strong opposition from certain countries. Yet the arguments are in fact much more complex, and illustrate among other things the growing gap between the existing legal framework and the issues it is now called upon to deal with. This gap in turn reflects the increasing complexity of environmental debate, and in particular the tensions between traditional conservationism and approaches hostile to anthropocentrism. The article emphasises how this framework encounters difficulties in dealing with human issues of cultural diversity as well as the "multi-scale" nature of ecological dynamics. It concludes that, as debate has opened, the focus on urgent issues of conservation may have been lost. (Original abstract)

Environment — Marine environment — Whaling — International Convention for the Regulation of Whaling, 1946 — International Whaling Commission — Schedule to the Convention — Moratorium on commercial whaling — Article VIII of the Convention — Exemption for whaling carried out for purposes of scientific research — Dispute between Australia and Japan concerning Japan's continued pursuit of large-scale whaling programme — Japanese Whale Research Program under Special Permit in the Antarctic ("JARPA II") — Effect on whale stocks — Whether Japan breaching its obligations under the Convention — Whether Japan breaching its other international obligations for preservation of marine mammals and marine environmentTreaties — Interpretation — International Convention for the Regulation of Whaling, 1946, Article VIII(1) — Scope of Article VIII(1) — Whether special permits granted by Japan in connection with Japanese Whale Research Program under Special Permit in the Antarctic ("JARPA II") "for purposes of scientific research" — Object and purpose — Whether restrictive or expansive interpretation justified — Discretion of State Party — Standard of review — Whether, in using lethal methods, programme's design and implementation reasonable to achieve stated objectives — Task of Court — Meaning of phrase "for purposes of scientific research" — Schedule to Convention — Duty of cooperation with International Whaling Commission and Scientific Committee — Whether Japan breaching its obligations under International Convention for the Regulation of Whaling, 1946 — Whether Japan breaching its other international obligations for preservation of marine mammals and marine environment — RemediesInternational Court of Justice — Intervention — Article 63(2) of Statute conferring right to intervene as a non-party in proceedings — Declaration of Intervention filed by New Zealand in case between Australia and Japan regarding whaling — Whether Declaration fulfilling requirements of Article 63 of Statute and Article 82 of Rules — Whether Declaration admissibleInternational Court of Justice — Jurisdiction — Optional clause — Reservations — Reciprocity — Whaling dispute between Australia and Japan — Whether falling within Australia's reservation

At a whaling conference in London, in June 1959, representatives of the United Kingdom, Japan, the Netherlands, and Norway again failed to reach agreement on a national quota arrangement for whaling in the Antarctic, a problem which they had been discussing intermittently since November 1958. At the end of the futile talks, Norway resigned from the International Whaling Convention. The Netherlands subsequently followed suit, leaving only die United Kingdom, Japan, and the Soviet Union as members. In consequence, no over-all international quota was fixed for die 1959–1960 season, scheduled to open on December 28. However, the International Whaling Commission reportedly agreed at its eleventh annual meeting diet the maximum permissible catch of whales for the Antarctic season 1959–1960 should not be changed, the figure remaining at 15,000 blue whale units. The blue whale stocks in the North Atlantic were considered to be too low for exploitation at present, so this species was scheduled for complete protection.

The International Whaling Commission, created by a convention signed on December 2, 1946, which entered into force on November 10, 1948, held its first meeting in London from May 30 to June 7, 1949. Of the seventeen signatories to the convention, thirteen had ratified or adhered and, accordingly, were represented: Australia, Canada, France, Iceland, Mexico, Netherlands, Norway, Panama, Sweden, United Kingdom, United States; Union of South Africa and USSR. The commission, within the framework of the convention, determined its course of work as follows: 1) to amend from time to time as required the schedule of regulations controlling whaling; 2) to organize studies and investigations relating to whales and whaling; 3) to collect and analyze statistical information; and 4)to study, appraise and disseminate information concerning whaling stocks. At the first meeting of the commission, two standing committees were created: a Scientific and Technical Committee and a Finance and Administrative Committee.

On July 19, the United States Department of State announced that the International Whaling Commission would convene at Capetown, South Africa, for its third annual meeting on July 23, 1951. The third meeting was to be concerned with such matters as possible amendments of the schedule of regulations controlling whaling; action taken by member governments to promulgate certain laws and regulations concerning whaling, in conformity with the provisions of the 1946 convention; the method of reporting infractions of the regulations and the penalities for such infractions; the status of ratification and adherence of several countries to the convention; possible amendments to the rules of procedure; and administrative and budgetary matters.

The eighth annual meeting of the International Whaling Commission took place in London July 16–20, 1956, under the chairmanship of Dr. G. J. Lienesch (Netherlands). All seventeen contracting governments, with the exception of Brazil, were represented, with observers from Italy, Portugal, the Food and Agriculture Organization (FAO), the International Council for the Exploration of the Sea, and the International Association of Whaling Companies. During the deliberations the Commission 1) received from the Bureau of International Whaling Statistics data on the operations and the catch for the past season; 2) received various scientific papers concerning the stocks of whales, and almost unanimously favoring a substantial reduction in the catch in view of evidence that the stock was declining, recommended that the catch for future seasons should not exceed 15,000 blue whale units, and, with one dissentient, recommended that the limit should be reduced in the 1956–1957 season to 14,500 blue whales; 3) after examining the returns rendered in respect of infractions of the whaling regulations, noted that, in general, there had been a decrease over the previous year; 4) received further confirmation from the Commissioner of the Soviet Union of the use of fenders of porous rubber to replace the present use of whale carcases for this purpose; 5) allocated an equivalent of $1400 towards the cost of whale marking; and 6) requested the United States to prepare a protocol for the amendment of the convention requiring every factory ship to have on board two inspectors who were generally of the same nationality as the flag of the ship, to permit consideration of a scheme to appoint independent observers in addition to the national inspectors.

The seventh annual meeting of the International Whaling Commission was held in Moscow from July 18 to 24, 1955. All of the seventeen member governments were represented except Brazil, and observers were present from Argentina, Italy, the Association of Whaling Companies, the International Council for the Exploration of the Sea and the Food and Agriculture Organization. At the end of his three-year term as chairman, tribute was paid to Dr. Remington Kellogg (United States), who was succeeded by Dr. G. J. Leinesch (Netherlands) for the succeeding three years. The Commission elected Mr. R. G. R. Wall (United Kingdom) as vice-chairman to replace Dr. Leinesch. After the Commission had considered the reports of the Technical Committee and the Scientific Committee, it adopted amendments to the schedule, containing the whaling regulations annexed to the 1946 Convention. It was reported that the decisions had not been unanimous and that none of the amendments to the schedule would come into operation until they had been submitted to all member governments, which had the right to object within a period of 90 days. The Commission decided to request the United States to proceed with the amendment of the 1946 Convention by means of a protocol so that helicopters and other aircraft could be brought within the jurisdiction of the Convention.

The International Whaling Commission held its fourth meeting in London from June 3 to June 6, 1952. Represented were all of the seventeen member governments except Mexico, namely: Australia, Brazil, Canada, Denmark, France, Iceland, Japan, the Netherlands, New Zealand, Norway, Panama, Sweden, the Union of South Africa, the USSR, the United Kingdom and the United States. The Commission elected Dr. Remington Kellogg (United States) chairman, and Dr. J. G. Lienesh (the Netherlands) vice-chairman. Amendments to paragraph 6, paragraph 8 (c), and paragraph 8 (e) of the schedule of the International Whaling Convention were adopted at the meeting, and entered into force in September 1952. In closing, the Commission agreed that research in new methods of whale marking should be pursued, "but if funds should not allow this, marking by the existing methods should continue. The current catch limits … were extended to the 1952/53 season, retaining the same opening date now in force."