An objective test of whether a programme for which a special permit has been issued is
“for purposes of scientific research” and is carried out “in accordance with the provisions of
Article
VIII” is not, as stated in
the Judgment, whether the use of lethal sampling is on a larger
scale than is reasonable in relation to achieving the programme’s stated objectives, nor whether the
sample sizes are reasonable with respect to those objectives. Those are matters on which
scientists
and the statistical calculations they use for that purpose can differ. They are not criteria established
under Article
VIII or in any other provisions of the Convention