9. The dispute between the Parties concerns the interpretation and application of Article
VIII
of the ICRW and the discretionary power it grants any Contractin
g Government to issue special
permits to its nationals “to kill, take and treat whales for purposes of scientific research”. This
discretionary power is subject to “such restrictions as to number and
.
.
. to such other conditions as
the Contracting Gover
nment thinks fit” and to the other requirements and obligations arising from
Article
VIII itself and from other related provisions. More specifically, what is in issue is whether
Japan has used that discretionary power for purposes other than
scientific r
esearch in connection
with the authorization granted to JARPA
II.