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- 5 - Ms Anne Sheehan, Acting Assistant Secretary, Attorney-General’s Department, Mr. Michael Johnson, Principal Legal Officer, Attorney-General’s Department, Ms Danielle Forrester, Principal Legal Officer, Attorney-General’s Department, Ms Stephanie Ierino, Acting Principal Legal Officer, Attorney-General’s Department, Ms Clare Gregory, Senior Legal Officer, Attorney-General’s Department, Ms Nicole Lyas, Acting Senior Legal Officer, Attorney-General’s Department, Ms Erin Maher, Legal Officer, Attorney-General’s Department, Mr. Richard Rowe, former Senior Legal Adviser, Department of Foreign Affairs and Trade, Mr. Greg French, Assistant Secretary, Department of Foreign Affairs and Trade, Mr. Jamie Cooper, Legal Officer, Department of Foreign Affairs and Trade, Ms Donna Petrachenko, First Assistant Secretary, Department of Sustainability, Environment, Water, Population and Communities, Mr. Peter Komidar, Director, Department of Sustainability, Environment, Water, Population and Communities, Mr. Bill de la Mare, Scientist, Australian Antarctic Division, Department of Sustainability, Environment, Water, Population and Communities, Mr. David Blumenthal, former Senior Adviser, Office of the Attorney-General, Ms Giulia Baggio, former Senior Adviser, Office of the Attorney-General, Mr. Todd Quinn, First Secretary, Embassy of Australia in the Kingdom of the Netherlands, as Advisers; Ms Mandy Williams, Administration Officer, Attorney-General’s Department, as Assistant, and Japan, represented by
- 6 - H.E. Mr. Koji Tsuruoka, Ambassador, Chief Negotiator for the Trans-Pacific Partnership Agreement Negotiations, as Agent; H.E. Mr. Yasumasa Nagamine, Deputy Minister for Foreign Affairs, H.E. Mr. Masaru Tsuji, Ambassador Extraordinary and Plenipotentiary of Japan to the Kingdom of the Netherlands, as Co-Agents; Mr. Alain Pellet, Professor at the University of Paris Ouest, Nanterre-La Défense, President of the Société française pour le droit international, member of the Institut de droit international, Mr. Vaughan Lowe, Q.C., member of the English Bar, Emeritus Professor of International Law, Oxford University, member of the Institut de droit international, Mr. Alan Boyle, Professor of International Law at the University of Edinburgh, member of the English Bar, Mr. Yuji Iwasawa, Professor of International Law at the University of Tokyo, member and former Chairperson of the Human Rights Committee, Mr. Payam Akhavan, LL.M., S.J.D. (Harvard), Professor of International Law, McGill University, member of the Bar of New York and the Law Society of Upper Canada, Mr. Shotaro Hamamoto, Professor of International Law, Kyoto University, Ms Yukiko Takashiba, Deputy Director, ICJ Whaling Case Division, Ministry of Foreign Affairs, as Counsel and Advocates; Mr. Takane Sugihara, Emeritus Professor of International Law, Kyoto University, Ms Atsuko Kanehara, Professor of International Law, Sophia University (Tokyo), Mr. Masafumi Ishii, Director-General, International Legal Affairs Bureau, Ministry of Foreign Affairs, Ms Alina Miron, Researcher, Centre de droit international de Nanterre (CEDIN), University of Paris Ouest, Nanterre-La Défense, as Counsel; Mr. Kenji Kagawa, Deputy Director-General, Fisheries Agency, Mr. Noriyuki Shikata, Minister, Embassy of Japan in the United Kingdom of Great Britain and Northern Ireland,
Page 1 and 2: 31 MARCH 2014 JUDGMENT WHALING IN T
Page 3 and 4: - ii - (i) A comparison of JARPA II
Page 5 and 6: - 2 - kill, take and treat whales f
Page 7: - 4 - JUDGMENT Present: President T
Page 11 and 12: - 8 - Mr. James Harrison, Ph.D., Le
Page 13 and 14: - 10 - 6. On 23 April 2012, the Pre
Page 15 and 16: - 12 - 17. By letters dated 23 Apri
Page 17 and 18: - 14 - 24. In the course of the wri
Page 19 and 20: - 16 - On behalf of the Government
Page 21 and 22: - 18 - Article VIII permits the gra
Page 23 and 24: - 20 - 34. Australia rejects Japan
Page 25 and 26: - 22 - Maritime Dispute case, “th
Page 27 and 28: - 24 - 46. Article VI of the Conven
Page 29 and 30: - 26 - “including the Moratorium
Page 31 and 32: - 28 - 60. According to Australia,
Page 33 and 34: - 30 - 71. In the view of the Court
Page 35 and 36: - 32 - 83. Article VIII expressly c
Page 37 and 38: - 34 - 91. First, Australia acknowl
Page 39 and 40: - 36 - 101. Australia takes the pos
Page 41 and 42: - 38 - (b) JARPA II 109. In March 2
Page 43 and 44: - 40 - 117. Objective No. 3. The th
Page 45 and 46: - 42 - JARPA II is for purposes of
Page 47 and 48: - 44 - account whether research obj
Page 49 and 50: - 46 - 146. Taking into account the
Page 51 and 52: - 48 - larger minke whale sample si
Page 53 and 54: - 50 - of mature female whales. The
Page 55 and 56: - 52 - scientific advantages over a
Page 57 and 58: - 54 - addition to the problems spe
Page 59 and 60:
- 56 - 188. The evidence shows that
Page 61 and 62:
- 58 - calculations described in th
Page 63 and 64:
- 60 - 204. Japan refers in particu
Page 65 and 66:
- 62 - 210. Secondly, despite the f
Page 67 and 68:
- 64 - (iii) Co-operation with othe
Page 69 and 70:
- 66 - 4. Conclusions regarding all
Page 71 and 72:
- 68 - As previously noted, JARPA I
Page 73 and 74:
- 70 - 243. In view of the conclusi
Page 75 and 76:
- 72 - (5) By twelve votes to four,
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