Australia Before the World Court: A Look Back and a Look Forward

Anton, Don

doi:10.2139/ssrn.2280168

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“…40 See Payne (2010), Anton (2013) and Nurse (2014) Judge ad hoc Charlesworth cited the Court's previous decision in Pulp Mills on the River Uruguay (Argentina v. Uruguay) (2010) and found that international environmental treaties 'should be interpreted wherever possible in light of the precautionary approach, regardless of the date of their adoption' (p. 3). Her emphasis on the precautionary approach as part of customary international law explains, crucially, why 'non-lethal methods of research' must be used 'wherever possible' (p. 3).…”

Section: The Whaling In the Antarctic Casementioning

confidence: 99%

The cetacean right to life revisited

Mence¹

2015

International Journal of Law in Context

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Many cetaceans are borderline persons and, as such, have a right to life. This is partly a normative and partly a positive legal claim. While many philosophers agree that cetaceans possess limited moral rights, it can also be shown that most states already behave as though they possess limited legal rights. The most basic of these, the right to life, reflects shifting contemporary normsespecially given scientific evidence as to cetacean sentience, intelligence and autonomyand the consolidation of customary international law. The recent decision of the International Court of Justice in Whaling in the Antarctic (2014) includes important obiter dicta to this effect and arguably suggests an avenue for future doctrinal development in this area. Nevertheless, while the cetacean right to life already exists, there are a number of obstacles that preclude its enforcement. Perhaps the most significant of these remain the traditional status of the world's oceans as a global commons and the weak sovereignty of international law.

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Section: The Whaling In the Antarctic Casementioning

confidence: 99%

The cetacean right to life revisited

Mence¹

2015

International Journal of Law in Context

View full text Add to dashboard Cite

show abstract

Australia Before the World Court: A Look Back and a Look Forward

Cited by 1 publication

References 0 publications

The cetacean right to life revisited

The cetacean right to life revisited

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