240. The Court observes that paragraph 30 and the related Guidelines regarding the
submission of proposed permits and the review by the Scientific Committee (currently, Annex P)
must be appreciated in light of the duty of co-operation with the IWC and its Scientific Committee
that is incumbent upon all States parties to the Convention, which was recognized by both Parties
and the intervening State. As has been discussed above (see paragraphs 199-212), the
implementation of JARPA II differs in significant respects from the original design of the
programme that was reflected in the JARPA II Research Plan. Under such circumstances,
consideration by a State party of revising the original design of the programme for review would
demonstrate co-operation by a State party with the Scientific Committee.