Comparing the 1999-2000 Australia/New Zealand case against Japan's experimental tuna fishing dismissed for lack of jurisdiction with the ICJ's 2014 judgment against Japan's scientific whaling, Andrew Serdy suggests the scientific flaws in experimental design were similar in both disputes and could have justified a similar outcome in the tuna case.

Andrew Serdy, Ph.D. (2009, Australian National University), is Professor of Public International Law at the University of Southampton, specialising in the Law of the Sea. Previously of the Department of Foreign Affairs and Trade (Australia), he has published widely on ocean resources law.