Of importance in terms of how the court may deal with the issue of the Southern Ocean Sanctuary is the fact that it applies to “commercial whaling” only. It does not apply to any other activity including fishing, marine transportation or research conducted under Article VIII of the ICRW. This fact alone renders false the conclusion of Nelissen and van der Velde that because Japan continues to take fin whales as part of JARPA II8 and because Japan’s objection to paragraph 7(b) of the Schedule did not include fin whales, it “can be considered not compatible with the Convention”.