Australia instituted proceedings against Japan before the International Court of Justice alleging that the JARPA II is violating the obligation of ICRW which prohibits the commercial whaling. Japan is strongly protesting against Australia arguing that the JARPA II has been carried out only for research whaling. This paper contains the Japan’s position over the whaling in the South Pacific. The Japan’s arguments are divided into two sections in this paper. First, it will check if whales are truly vulnerable following the Comprehensive Assessment of the IWC. Second, it argues the legitimacy of the JARPA II under international law.