Judge Owada adds that the Order does not sufficiently examine, in the concrete context of the situation of this case, the serious issues raised by Japan regarding the intervention by New Zealand. Judge Owada notes that, although Japan does not raise a formal objection to the intervention, it seems evident that it is deeply concerned that New Zealand’s intervention could have consequences that would affect the equality of the Parties to the dispute and thus the fair administration of justice.
Judge Owada further writes that it is regrettable that a State Party to a case before the Court and a State seeking to intervene in that case pursuant to Article 63 of the Statute should engage in what could be perceived as active collaboration in litigation strategy to use the Court’s Statute and the Rules of Court for the purpose of promoting their common interest, as is candidly admitted in their Joint Media Release of 15 December 2010.
Obviously I can't agree with this judge's higher emphasis on conservation. Naturally there can be no sustainable whaling without conservation, however conservation without regard for the goal of development of the whaling industry is a denial of the true purpose of the convention.15. He then recalls that the 1946 International Convention for the Regulation of Whaling (ICRW), provides for the proper conservation of the whale stocks and the orderly development of the whaling industry; it is, in his view, clear that the former stands higher, as without the proper conservation of whale stocks there can be no orderly development of the whaling industry. The basic foundation of the ICRW is thus the conservation of all whale species at issue.
Labels: ICJ Australia v. Japan
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