Final submissions of the Parties At the end of the oral proceedings, the Parties presented the following final submissions to the Court: For Australia: “1. Australia requests the Court to adjudge and declare that the Court has jurisdiction to hear the claims presented by Australia. 2. Australia requests the Court to adjudge and declare that Japan is in breach of its international obligations in authorizing and implementing the Japanese Whale Research Program under Special Permit in the Antarctic Phase II (JARPA II) in the Southern Ocean. 3. In particular, the Court is requested to adjudge and declare that, by its conduct, Japan has violated its international obligations pursuant to the International Convention for the Regulation of Whaling to: (a) observe the zero catch limit in relation to the killing of whales for commercial purposes in paragraph 10 (e) of the Schedule; (b) refrain from undertaking commercial whaling of fin whales in the Southern Ocean Sanctuary in paragraph 7 (b) of the Schedule; (c) observe the moratorium on taking, killing or treating of whales, except minke whales, by factory ships or whale catchers attached to factory ships in paragraph 10 (d) of the Schedule; and (d) comply with the requirements of paragraph 30 of the Schedule. 4. Further, the Court is requested to adjudge and declare that JARPA II is not a program for purposes of scientific research within the meaning of Article VIII of the International Convention for the Regulation of Whaling. 5. Further, the Court is requested to adjudge and declare that Japan shall: (a) refrain from authorizing or implementing any special permit whaling which is not for purposes of scientific research within the meaning of Article VIII; (b) cease with immediate effect the implementation of JARPA II; and (c) revoke any authorization, permit or licence that allows the implementation of JARPA II.”
Posted on: Wed, 17 Jul 2013 14:24:56 +0000
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