230. The Court therefore proceeds on the basis that whaling that falls outside Article VIII,
paragraph 1, other than aboriginal subsistence whaling, is subject to the three Schedule provisions
invoked by Australia. As this conclusion flows from the interpretation of the Convention and thus
applies to any special permit granted for the killing, taking and treating of whales that is not “for
purposes of scientific research” in the context of Article VIII, paragraph 1, the Court sees no reason
to evaluate the evidence in support of the Parties’ competing contentions about whether or not
JARPA II has attributes of commercial whaling.