Japan

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An Analysis of Favre’s Theory on the Legal Status of Animals: Towards a Reconsideration of the “Person-Property Dichotomy”
Brief Summary of Whaling Early in the twentieth century, the technology used in whaling advanced so significantly that the global whale population became threatened. Efforts to decrease the number of whales killed grew after World War II and resulted in a major victory in the 1980s when commercial whaling was banned. However, this ban is still a major source of controversy as Japan continues to kill hundreds of whales each year in the Antarctic under what it calls a scientific whaling exception, but Australia labels as mere cover for a commercial whaling program.
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y After the International Court of Justice ruled against Japan in the Whaling in the Antarctic case, Sea Shepherd moved to dismiss the Ninth Circuit’s earlier ruling regarding Sea Shepherd’s own actions in the Antarctic. Sea Shepherd claimed that because the Institute had announced that it would not engage in whaling in the 2014-15 season, its claim was moot. This argument, though, ignored the fact the Institute also stated that it plans to resume whaling in the future, leading the Court to dismiss the motion.
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission.
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. After the Institute was denied an injunction in the trial court, the Ninth Circuit Court of Appeals issued an injunction preventing Sea Shepherd from attacking any of the Institute’s vessels in any way and from coming within 500 yards of any Institute vessel operating in the open sea.
JP - Cruelty - LAW CONCERNING THE PROTECTION AND CONTROL OF ANIMALS


Article 1 states that, "The purpose of this Law is to prescribe matters relating to the prevention of cruelty to animals, the appropriate treatment of animals and other matters relating to the protection of animals, and to engender a feeling of love for animals among the people, thereby contributing to the development of respect for life and sentiments of amity and peace; and to prescribe matters relating to the control of animals, thereby preventing harm being done by animals to human life, body and property."
Overview of Whaling In 2010, Australia sued Japan at the International Court of Justice in an effort to force Japan to end its whaling program in the Antarctic. Though commercial whaling was banned in the 1980s, Japan claimed that its program was for scientific purposes and therefore legal. The ICJ sided with Australia, but its ruling left open the possibility that Japan could resume whaling in the future.
Whaling in the Antarctic
Whaling in the Antarctic