ARPA II in light of Article VIII of the Convention Description of JARPA Description of JARPA Four research objectives identified in JARPA II Research Plan No specified termination date stated in Research Plan Programme operates in Southern Ocean Sanctuary established in paragraph 7 (b) of the Schedule to the Convention Mix of lethal and non-lethal methods indicated in JARPA II Research Plan Sample sizes for fin and humpback whales according to Research Plan Sample size for minke whales according to Research Plan No effect on according to Research Plan whale stocks Application of standard of review to JARPA II Japan's decisions regarding the use of lethal methods Non-lethal methods not feasible at least for some of data sought by JARPA II researchers No basis to conclude ina se of lethal methods is unreasonable in of JARPA II esearch Pian should have included some analysis of feasibility of non-lethal methods No evidence of studies of feasibility or practicability of non- lethal methods Scale of use of lethal methods in JARPA II Comparison of JARPA II sample sizes to JARPA sample sizes Similarities in pro grammes cast doubt on argument that JARPA II objectives call for increased minke whale sample size Japan's decision to proceed with JARPA sam ple sizes prior to final review of JARPA Five-step process for determina