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(Nov 27, 2012) On November 20, 2012, the New Zealand government formally lodged with the International Court of Justice (ICJ) a declaration of its intention to intervene in the Whaling in the Antarctic (Australia v. Japan) case. (Press Release, Hon. Murray McCully, NZ's Views on Japanese Whaling to Go Before International Court of Justice (Nov. 23, 2012); Press Release, ICJ,No. 2012/34, Whaling in the Antarctic (Australia v. Japan): New Zealand Files a Declaration of Intervention in the Proceedings Under Article 63 of the Statute (Nov. 21, 2012).) Australia brought the case against Japan in June 2010, alleging that Japan's scientific whaling program in the Southern Ocean breaches its obligations under the International Convention for the Regulation of Whaling. (Kelly Buchanan, Australia/Japan: Legality of Scientific Whaling Program Challenged in International Court, GLOBAL LEGAL MONITOR (June 10, 2010).)

At the time that Australia lodged the case, the New Zealand government indicated that it was considering filing as a party to the proceedings against Japan, but that it also wanted to determine what progress could be made through diplomatic processes. (Id.) In December 2010, the New Zealand government announced that it had decided in principle to intervene in the Australian case, rather than joining as a party. (Press Release, Hon. Murray McCully & Hon. Kevin Rudd, Joint Statement: Australia and New Zealand Agree on Strategy for Whaling Legal Case (Dec. 11, 2010).)

Such intervention is a right conferred by article 63 of the Statute of the International Court of Justice, which enables a non-party to a case to put its legal views before the court without becoming a party. (NZ's Views on Japanese Whaling to Go Before International Court of Justice, supra; Whaling in the Antarctic (Australia v. Japan): New Zealand Files a Declaration of Intervention in the Proceedings Under Article 63 of the Statute, supra.) In exercising this right, an intervening state will be bound by the judgment of the court on the construction of the relevant convention, just as the parties to the case are bound. (Statute of the International Court of Justice, art. 63(2), ICJ website (last visited Nov. 26, 2012).)

New Zealand stated in its declaration of intervention:

Given its long-standing participation in the work of the International Whaling Commission, and its views with respect to the interpretation and application of the Convention, including whaling under Special Permit, New Zealand has determined that it is necessary for it to intervene in this case in order to place its interpretation of the relevant provisions of the Convention before the Court. (Whaling in the Antarctic (Australia v. Japan): New Zealand Files a Declaration of Intervention in the Proceedings Under Article 63 of the Statute, supra.)

New Zealand's Foreign Minister, Hon. Murray McCully, said that he is "disappointed New Zealand had to pursue its interests in the ICJ because diplomatic initiatives failed to bring about a cessation of Japanese whaling in the Southern Ocean" and that "New Zealand has worked hard with Japan for over three years to try and find a permanent solution to whaling in the Southern Ocean. The government will continue to use all avenues possible to try to bring a halt to Japanese whaling in the Southern Ocean." (NZ's Views on Japanese Whaling to Go Before International Court of Justice, supra.)

Documents associated with the Australia v. Japan case can be found on the website (last visited Nov. 26, 2012) of the ICJ.

Author:

Kelly Buchanan More by this author

Topic:

Environment More on this topic

Jurisdiction:

New Zealand More about this jurisdiction

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Last updated: 11/27/2012