ABSTRACT
This chapter outlines the context surrounding the Whaling in Antarctic case and identifies the problematic nature of the International Convention for the Regulation of Whalings (ICRW's) exception for 'scientific whaling'. It employs the second method of rewriting judgments outlined by Judge Preston: redrafting the ICRW and then rewriting the International Court of Justice (ICJ) whaling case based on these reforms. The chapter examines the Earth Charter, Earth jurisprudence literature and relevant international environmental agreements to reframe the ICRW. The Whaling in Antarctic decision by the ICJ found that Japan's permits for whaling were not in compliance with the International Convention for the Regulation of Whaling 1946 (ICRW). The Japanese Whale Research Program under Special Permit in the Antarctic (JARPA II) Research Plan has four research objectives: Monitoring of the Antarctic ecosystem, Modelling competition among whale species and future management objectives, Elucidation of temporal and spatial changes in stock structure, and improving the management procedure for Antarctic minke whale stocks.
