Letter dated 10 June 2013 from the Agent of Japan

.10 June 2013

Dear Sir,

With reference to the case conceming Whaling in the Antarctic
(Australia v. Japan: New Zealand intervening), I have the honour to
acknowledge receipt ofyour letter No. 141981 dated 5 June 2013,
under caver ofwhich you transmitted a copy of the letter from Australia
submitting its observations with regard to my letter dated 31 May whereby
two notes prepared by Professor Judy Zeh ofthe University of Washington
were transmitted.

Japan regrets that Australia (which submitted new emails as
attachments to Dr. Gales' statement) bas seen the inclusion ofProfessor
Zeh's notes as an attempt to circumvent the procedure concerning expert
evidence. It had hoped that Australia, and the Court, would understand
Japan's response and the notes as an attempt to avoid any suggestion that
Australia did not have adequate notice of questions that might be pursued
in cross-examination and the fullest opportunity for its experts to prepare
to answer them. Japan is of the view that professor Zeh's positions as
expressed in ber challenged mails are useful to assist the Court in assessing
the scientific aspects ofthe case and should be considered with care by the
Court.

Accept, Sir, the assurances of highest consideration.

Koji TSURUOKA
Agent of Japan

Mr. Philippe Couvreur
International Court of Justice
Peace Palace
Carnegieplein 2
2517 KJ The Hague
Netherlands