DiscussionResponse

The battle against transnational fisheries crime

Jurisdictional challenges

The raison d’être of the concept of transnational ‘fisheries crime’ (TFC) (INTERPOL 2013) or ‘marine resource crime’ (UNODC 2011) can be traced to endemic illicit activities in the fisheries sector which, due to their devastating impacts, are increasingly considered as a serious problem worthy of attention as ‘criminal’ rather than merely ‘illegal’ behaviour. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …

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Practitioner's Corner

Practitioner’s Corner: Project management – the missing part in law books

The “Practitioner’s Corner” gives the floor to practicing international lawyers. Their accounts illustrate the diversity of work within the field of international law and offer personal insights into the practice of international law. My name is Francesca Caonero. I’m from Italy and am currently an Associate Expert at the United Nations (UN). Associate experts are generally individuals participating in the Junior Professional Officer (JPO) programme. The JPO is a programme …

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DiscussionResponse

Owada and the whale: a Rejoinder

Nelson Coelho The arguments provided by James Harrison as to why the ICJ conducted an inversion of the burden of proof in the Whaling Case appear sound and conclusive; but they are also widely speculative. As he himself underlines, even though the award of the Court implies an interpretation of the ICRW notwithstanding clause as put forward by one of the parties in trial – namely the applicant – it …

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DiscussionResponse

Onus probandi in the Whaling Case – a comment

It is perhaps no surprise that Japan has decided to resume its scientific whaling following the judgment of the International Court of Justice in March 2014. After all, the Court noted that ‘Article VIII [of the International Convention for the Regulation of Whaling (ICRW)] expressly contemplates the use of lethal methods’ [§83], thereby confirming the right of Japan to conduct scientific whaling, including the killing of whales, provided that the …

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Discussion

Owada and the whale: dissenting on the burden of proof before the ICJ

Japan is out whaling again. One year after the ICJ decision that found that Japan’s whaling program in the Antarctic was not in accordance with the International Convention for the Regulation of Whaling (ICRW), there is, unsurprisingly, a new push towards that same direction from Japanese authorities. This is the perfect opportunity to take a closer look at ‘the unofficial Japanese understanding’ of that case: the words of judge Owada …

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