On February 6, 2013, the Court confirmed New Zealandâs right to intervene based on its status as a party to the ICRW. Japan did not object to New Zealandâs intervention, but it did raise a number of concerns that it urged the Court to consider, mainly related to the appearance that Australia was getting a second bite at the apple through New Zealandâs identical interest in the dispute, notably by having a judge of New Zealand nationality on the court and a judge appointed ad hoc by Australia. For Australia, New Zealandâs intervention was admissible. The International Whaling Commission was informed of Australiaâs Application by the Court and replied that it would not submit observations, which would be allowed under Article 69, paragraph 3, of the Rules of Court.
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