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Published online by Cambridge University Press: 10 August 2017
1 Whaling in the Antarctic (Austl. v. Japan: N.Z. Intervening), Judgment, 2014 ICJ Rep. 226 (Mar. 31), at www.icj-cij.org/docket/files/148/18136.pdf.
2 Statement by Mr. Yoshimasa Hayashi, Minister of Agriculture, Forestry and Fisheries of Japan, Regarding Japan's Proposed New Scientific Whale Research Program in the Antarctic Ocean (NEWREP-A) (Nov. 18, 2014), circulated by the Executive Secretary of the International Whaling Commission, IWC.ALL.220 (Nov. 19, 2014), available at https://archive.iwc.int/?r=3740&k=b2581de4d4.
3 Declaration by Japan of October 6, 2016, deposited with the secretary-general of the United Nations under Article 36(2) of the Statute of the International Court of Justice.
4 Ministry of Foreign Affairs of Japan, ICJ and Japan, available at www.mofa.go.jp/files/000104046.pdf.
5 Convention for the Regulation of Whaling, Sept. 24, 1931, 155 LNTS 349; International Agreement for the Regulation of Whaling, June 8, 1937, 190 LNTS 79.
6 Acting Secretary of State Dean Acheson, Welcoming Speech at the Opening Plenary Session of the IWC (Nov. 20, 1946). In this speech, Acheson also spoke of the need for a method of amending the regulations relating to catches.
7 Whaling in the Antarctic: Significance and Implications of the ICJ Judgment (Malgosia Fitzmaurice & Dai Tamada eds., 2016).
8 Three experts were called by the parties during the Court's public hearings: Australia called Mr. Marc Mangel, distinguished research professor of mathematical biology and director of the Center for Stock Assessment Research, University of California, Santa Cruz, and Mr. Nick Gales, chief scientist of the Australian Antarctic Program; and Japan called Mr. Lars Walloe, professor emeritus of the University of Oslo and scientific adviser to the Norwegian government on marine mammals.
9 United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 UNTS 397.
10 Convention on International Trade in Endangered Species of Wild Fauna and Flora, Mar. 3, 1973, 27 UST 1087.
11 Convention on the Conservation of Antarctic Marine Living Resources, May 20, 1980, 1329 UNTS 47.
12 Convention on the Conservation of European Wildlife and Natural Habitats, Sept. 19, 1979, ETS No. 104.
13 Convention on Biological Diversity, June 5, 1992, 31 ILM 818.
14 Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas, Mar. 17, 1992, 1771 UNTS 217; Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, Nov. 24, 1996, 36 ILM 777.
15 Int'l Law Comm'n Rep. of the Study Group, Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law, UN Doc. A/CN.4/L.682 (Apr. 13, 2006).
16 Proposed Consensus Decision to Improve the Conservation of Whales from the Chair and Vice-Chair of the Commission, IWC/62/7 (Apr. 28, 2010), presented to IWC members in advance of the 62nd meeting.
17 The Chatham House Rule reads as follows: “When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.” Chatham House, The Royal Institute of International Affairs, Chatham House Rule, at https://www.chathamhouse.org/about/chatham-house-rule.