Whaling and International Law

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The hunting of whales has been addressed in four main international agreements (ordered in relevance)

Whaling in International Law

World Charter for Nature (1982) Convention on Fishing and Conservation of the Living Resources of the High Seas (UNCLOS I) (1958)

International Convention for the 6/5/12 Regulation of Whaling (1946)

World Charter For Nature

World Charter for Nature was adopted by United Nations on October 28, 1982 It proclaims five "principles of conservation by which all human conduct affecting nature is to be guided and judged."

Nature shall be respected and its essential processes shall not be impaired The genetic viability on the earth shall not be compromised All areas of the earth, both land and sea, shall be subject to these principles of conservation Ecosystems and organisms shall be managed to achieve and maintain optimum sustainable productivity

Nature shall be secured against degradation caused by 6/5/12 warfare or other hostile activities

All States have the right for their nationals to engage in fishing on the high seas All States have the duty to adopt such measures as may be necessary for the conservation of the living resources of the high seas A state whose nationals are engaged in fishing any stocks of fish where the nationals of other States are not thus engaged shall adopt measures in that area when necessary for the purpose of the conservation of the living resources affected.

Convention on Fishing and Conservation of the Living Resources of the High Seas

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1946, Washington, D.C.

International Convention for the Regulation of WhalingProtects all whale species from overhunting Establishes an international regulation for the whale fisheries to ensure proper conservation Safeguards for the future generations the great natural resources represented by whale stocks Set up the International Whaling Commission (IWC) Few of the 89 States United signatures one is not like the others Russia FranceJapan Australia Switzerland South Africa Germany United Kingdom

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International Whaling Commission

Mission statement

provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry.

Duties

Encourages, coordinates, funds, and publishes whale research Promotes studies into whaling matters Sets protection of certain species Designates areas as whale sanctuaries Sets limits on numbers and size of catches6/5/12 Adopts

regulations "to provide for the conservation,

Sources of the International Whaling Commission

Amendments shall be based on scientific findings IWC Scientific Committee is comprised of up to 200 of the worlds leading whale biologists, many of whom are nominated by the member states 1954 11 scientists from 7 member nations 2003 170 scientists from 30 member nations Annual report of Scientific Committee published as a supplement in the Journal of Cetacean Research and Management

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Resolutions of the IWC

1972 Indian Ocean Whale Sanctuary

Protects whales in their breeding grounds

1982 moratorium on commercial whaling

In 1981, the Convention on International Trade in Endangered Species identified many whale species as being in danger of extinction

1994 Southern Ocean Whale Sanctuary

Protects 50 million kilometers of area around Antarctica

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Controversies of the IWC

Optional Clause

Iceland is not recognized to be a part of the IWC Norway is not bound to the zero catch limits

Exceptions

The aboriginal subsistence provision

Russia, the United States (Alaskan Eskimos), and the Faroe Islands are examples of countries that whale under this provision

The scientific-research provision

Any member country may apply for permits to harvest whales for scientific research The country that makes the most headlines with their whaling is Japan

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Japanese Whaling

Japan is in the Second Phase of its Japanese Whale Research Program under Special Permit in the Antarctic (JARPA II) Japan licenses its whaling activities to the Institute of Cetacean Research (ICR) Japanese government sets a quota of around 1,000 whales per year Scientific-research claims allow the Japanese to harpoon and harvest whales for research The whale meat is sold by the ICR on the open market to Japanese and other Asian distributors feeds Japanese schoolchildren Countries and activist groups believe this is a poor guise for blatant commercial whaling

6/5/12 Japanese hunt whales in Southern Ocean Whale

Cases about Whaling in ILthe ICJ against the Japanese Australia filed a petition withclaiming the scientific whaling is not genuinely scientific Japan has breached and is continuing to breach the obligation under paragraph 10(e) of the ICRW Schedule to observe the zero catch limit in relation to the killing of whales for commercial purposes, and its obligation under paragraph 7(b) to act in good faith and refrain from undertaking commercial whaling of humpback and fin whales in the Southern Ocean Sanctuary Australia is asking for the following

cease implementation of JARPA II revoke any authorizations, permits or licenses allowing the activities which are the subject of this application to be undertaken

provide assurances and guarantees that it will not take 6/5/12 any further action under the JARPA II or any similar program until such program has been brought into

Enforcement

UNCLOS established the International Tribunal for the Law of the Sea Current whaling case is not being held in ITLOS, but a prior fishing case between Japan and Australia was brought to the ITLOS

Southern Bluefin Tuna Case

Japan was accused of over-fishing the Southern Bluefin Tuna after agreeing to pre-set levels Over-fishing was adversely affecting Australia and New Zealands fisheries Case was heard by the ITLOS and Japan was ordered to halt its Experimental Fishing Program and to keep catches to levels last-agreed

Sea 6/5/12

Shepherd Conservation Society tries

Sea Shepherds

Engage in tactics such as sabotage, ramming, boarding, scuttling SS claims their actions are condoned because of the unwillingness of governments to enforce international regulations American, Canadian, and Japanese governments have referred to the Sea Shepherds as terrorists Tactics undertaken by SS have resulted in the decline of the success of Japanese efforts. The 2010 hunt resulted in the harvesting of 170 whales, far short of the quota of 950 whales.6/5/12

World Charter for Nature Function Section

Sea Shepherd Jurisdiction Claim

Activities which might have an impact on nature shall be controlled, and the best available technologies that minimize significant risks to nature or other adverse effects shall be used; in particular

Activities which may disturb nature shall be preceded by assessment of their consequences, and if they are to be undertaken, such activities shall be planned and carried out so as to minimize potential adverse effects

World Charter for Nature Implementation Section

States and, to the extent they are able, other public authorities, international organizations, individuals, groups and corporations shall:

Safeguard and conserve nature in areas beyond 6/5/12 national jurisdiction.

Sources1 "whaling". Encyclopdia Britannica. Encyclopdia Britannica Online. Encyclopdia Britannica Inc., 2012. Web. 29 May. 2012 . 2 U.N. General Assembly, 48th meeting. "World Charter for Nature". 28 October 1982. . 3 Convention on Fishing and Conservation of Living Resources of the High Seas. United Nations Treaty Series. Volume 450 pp. 82-130. 29 April 1958. . 4 Francis, Daniel. "Whaling - The Canadian Encyclopedia.". Historica-Dominion Institute, 2012. Web. 29 May 2012. . 5 International Convention for the Regulation of Whaling. Washington D.C. 2 December 1946. . 6 . "Commission Information." IWC Office. International Whaling Commission, 27 March 2011. Web. 29 May 2012. . 7 . "Whale Sanctuaries."IWC Office. International Whaling Commission, 09 Jan 09. Web. 29 May 2012. . 8 . "Revised Management Scheme."IWC Office. International Whaling Commission, 09 Jan 09. Web. 29 May 2012. . 9 . "Iceland."IWC Office. International Whaling Commission, 31 Mar 09. Web. 29 May 2012. . 10 International Court of Justice. Australia institutes proceedings against Japan for alleged breach of international obligations concerning whaling. 1 June 2010.International Court of Justice. Web. 29 May 2012. . 11 The Registry of the ITLOS. Southern Bluefin Tuna Cases (Provisional Measures). 27 August 1999. The International Tribunal for the Law of the Sea. Web. 29 May 2012.

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