Dispute Over Legality
Japan has argued that the establishment of the Southern Ocean Whale Sanctuary was in contravention of the International Convention for the Regulation of Whaling (ICRW) on which the IWC is based and is therefore illegal.
This view received strong support from Professor W. T. Burke of the University of Washington in his paper circulated as IWC Document Number IWC/48/33. He refers to Article V(2) of the ICRW, which states that the creation of any sanctuary must "be based on scientific findings" and "take into consideration the interests of the consumers of whale products and the whaling industry".
As there is no settlement procedure in the IWC for this type of dispute, Japan has asked the IWC to submit its case to a relevant legal body for analysis. The IWC has refused to do so.
Read more about this topic: Southern Ocean Whale Sanctuary
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