In March this year the International Court of Justice made a judgment about the case 'Whaling In the Antarctic' where Japan is blamed by Australia to hunt whales in the Southern Ocean. The Court decided that Japan's program JARPA II is not conforming to the assumed moratorium of the International Whaling Commission and hence it is to stop immediately. The relation to the Southern Ocean, and that endangered species are a subject, as well as the compliance of international conventions, this case is important for the future of Antarctica and the Antarctic Treaty. After the judgment there were assumptions if Japan will abide to it, and a few weeks later Japan came up with the news to design a new program which will be conform to the judgment and the moratorium. Currently it is unsure what will happen and predictions are not easy to make. This case is unprecedented and there are no other cases to compare it to. This critical review will investigate the major information about legislation, as well as the driving forces and threats for whaling in Japan.