Legal Opinion Concerning Japan’s Duty to Cooperate with the International Whaling Commission with Respect to Any Resumption of Commercial Whaling

2019 ◽  
Author(s):  
Chris Wold
Keyword(s):  
International Whaling Commission ◽  
Commercial Whaling ◽  
Legal Opinion

Does Size Matter? The ICRW and the Inclusion of Small Cetaceans

2014 ◽  
Vol 3 (2) ◽  
pp. 241-263 ◽  
Author(s):  
Sean Stephenson ◽  
Arne Mooers ◽  
Amir Attaran
Keyword(s):  
International Court Of Justice ◽  
International Convention ◽  
International Whaling Commission ◽  
Court Of Justice ◽  
International Court ◽  
Commercial Whaling ◽  
Treaty Interpretation ◽  
Size Matter ◽  
Scientific Arguments

AbstractThe competency debate over small cetacean regulation at the International Whaling Commission (IWC) is legal in nature, yet has been in a political stalemate for years. In this article we argue that the IWC has the competence to regulate small cetaceans and that the commercial whaling of ‘small cetaceans’ is a violation of the moratorium on commercial whaling. We present hybrid legal and scientific arguments and counter-arguments for the treaty interpretation of the International Convention for the Regulation of Whaling and, given recent precedent, advocate that the International Court of Justice be called upon to resolve this matter.

Intergovernmental Organizations as Disseminators, Legitimators, and Disguisers of Hegemonic Policy Preferences: The United States, the International Whaling Commission, and the Introduction of a Moratorium on Commercial Whaling

2008 ◽  
Vol 21 (3) ◽  
pp. 581-600 ◽  
Author(s):  
SHIRLEY V. SCOTT
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Policy Preferences ◽  
The Political ◽  
Intergovernmental Organization ◽  
International Whaling Commission ◽  
Political Relationships ◽  
Commercial Whaling ◽  
Political Interpretation

AbstractThe recognized benefits to a hegemon of working through an intergovernmental organization (IGO) include legitimating its policy preferences, disseminating them with efficiency, and promoting stability. While most would agree that international law is important in this process, it is less easy to map exactly how international law fulfils this role. Using the cognitive structures of co-operation (CSC) approach to the political interpretation of multilateral treaties, this article demonstrates at a relatively low level of abstraction the way in which a constitutive treaty embeds an ideational structure integral to the political relationships within the IGO. This can serve the interests of the hegemon but may also make it difficult for the hegemon to disseminate a fundamentally changed policy should its preferences alter. This paper uses the CSC theory of treaty interpretation to trace the under-recognized role of the United States in bringing about the 1982 adoption of a moratorium on commercial whaling by the International Whaling Commission.

scholarly journals Some more politics of conservation

Oryx ◽  
1984 ◽  
Vol 18 (2) ◽  
pp. 102-106
Author(s):  
Sidney Holt
Keyword(s):  
Animal Welfare ◽  
International Organisations ◽  
International Whaling Commission ◽  
The Past ◽  
Food And Agriculture ◽  
Commercial Whaling ◽  
The Republic ◽  
Scientific Adviser ◽  
International Fund ◽  
Environment Programme

The 1984 International Whaling Commission meeting approaches and, as has often been the case in the past, there may be some surprises in store. Conservationists await with particular concern the stand that the Member nations take as the moratorium on commercial whaling draws nearer. The author has been a consultant on whales and whaling to many international organisations, including the UN Environment Programme, WWF, Greenpeace, IUCN, International Fund for Animal Welfare, as well as to ffPS. He has been since 1979 Scientific Adviser, and since 1983 Alternate Commissioner, to the delegation of the Republic of Seychelles to the IWC. He has followed the proceedings of the IWC since 1958, mainly as Representative of the Food and Agriculture Organisation of the UN. Here he is writing in his personal capacity, and what he has written should not be taken as representing the position of the Seychelles Government or of any organisation with which he has been associated.

scholarly journals Whither Whaling?

1992 ◽  
Vol 4 (2) ◽  
pp. 129-129
Author(s):  
Ray Gambell
Keyword(s):  
United Nations ◽  
Practical Method ◽  
Human Environment ◽  
International Whaling Commission ◽  
Management Procedure ◽  
Commercial Whaling ◽  
The United Nations ◽  
International Decade

In 1972 the United Nations Conference on the Human Environment called for a ten year moratorium on commercial whaling. The International Whaling Commission (IWC, then made up of 14 member governments) did not accept this resolution, taking the view that regulation by species and stocks was the more practical method of whale conservation. In the following years it reduced catches, introduced a new management procedure, and embarked on an international decade of cetacean research.

scholarly journals Science should not be abandoned in a bid to resolve whaling disputes

2009 ◽  
Vol 5 (5) ◽  
pp. 614-616 ◽  
Author(s):  
Justin Cooke ◽  
Russell Leaper ◽  
Vassili Papastavrou
Keyword(s):  
Ad Hoc ◽  
Scientific Committee ◽  
International Whaling Commission ◽  
Management Procedure ◽  
Political Expediency ◽  
Commercial Whaling

The International Whaling Commission (IWC) is currently engaged in an intensive negotiating process in an attempt to resolve international disputes about whaling. The IWC has pioneered and agreed a management procedure approach for setting catch limits for commercial whaling that was unanimously recommended by its Scientific Committee. It is disturbing that current negotiations are moving towards discarding this agreed and carefully developed scientific procedure in favour of ad hoc catch allowances based on political expediency.

The International Convention for the Regulation of Whaling and International Whaling Commission – Conservation or Preservation – Can the Gordian Knot be Cut (or Untangled)?

2013 ◽  
Vol 5 (1) ◽  
pp. 451-490
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Historical Background ◽  
Context Analysis ◽  
International Convention ◽  
International Whaling Commission ◽  
Commercial Whaling ◽  
Near Future ◽  
Aboriginal Subsistence

Abstract This article analyses the developments in the implementation of the 1946 International Convention for the Regulation of Whaling. It first considers the historical background of the Convention and discusses the shortcomings of the Whaling Convention; then focuses on how various types of whaling covered by the Convention developed according to the changes in attitudes of states – parties to the Whaling Convention along the development of international law and international environmental law. The article covers the developments in commercial whaling; aboriginal (subsistence) whaling; and scientific whaling. It emphasises conflicts between the state-parties to the Convention and also in this context analysis the role of the International Whaling Commission. The complex and conflicting issues concerning whaling are not only of legal but political, cultural and ethical nature. Therefore, it appears that that there is no easy solution to existing conflicts in the near future, as the states appear to be intransigent in their views on all types of whaling, especially scientific whaling and the possibility of the resumption of commercial whaling.

Thirty-First Annual Meeting of the International Whaling Commission, 1979

Polar Record ◽  
1980 ◽  
Vol 20 (124) ◽  
pp. 59-62
Author(s):  
S. G. Brown
Keyword(s):  
Animal Welfare ◽  
Annual Meeting ◽  
Republic Of Korea ◽  
International Whaling Commission ◽  
Commercial Whaling ◽  
First Time

The thirty-first annual meeting of the International Whaling Commission (IWC) was held in London, 9–14 July 1979, under the chairmanship of T. Asgeirsson (Iceland). Since June 1978, five countries joined the commission, Chile, Republic of Korea, Peru, Seychelles and Spain, and attended the annual meeting for the first time as members. Sweden which had rejoined the commission, was last represented at the fifteenth meeting in 1963. There are now 23 member nations, of which 10 are at present engaged in commercial whaling. Commissioners from all member countries were present, together with observers from six non-member governments, FAO, UNEP, international scientific bodies and conservation and animal welfare organizations

Reforming the International Whaling Commission: Indigenous Peoples, the Canadian Problem and the Road Ahead

2017 ◽  
Vol 19 (2-3) ◽  
pp. 324-361
Author(s):  
Niall Alexander Rand
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
International Level ◽  
International Whaling Commission ◽  
The Road ◽  
The Future ◽  
Commercial Whaling ◽  
History Of ◽  
Aboriginal Subsistence

The International Whaling Commission (iwc) conceals within its history a perennial battle between nations. Since the moratorium on commercial whaling took effect in 1986 both sides of the whaling debate have been unable to substantively advance their cause. This has led many commentators to question its purpose and ability to adapt to issues of modern significance. Given the interdisciplinary breadth of the debate at hand, this article primarily focuses on place of Indigenous peoples within the history of whaling and what role, if any, they will play in the future relevance of the iwc. It is argued that Canada’s withdrawal from the iwc, in the interest of its Indigenous peoples, should generally be regarded as a domestic regulatory success. Nevertheless, the time is ripe for Canada to re-establish itself at the international level with the goal of reforming the state of the Aboriginal Subsistence Whaling exception and perhaps the iwc itself.

The International Convention for the Regulation of Whaling

1997 ◽  
Vol 12 (3) ◽  
pp. 287-305 ◽  
Author(s):  
Maria Clara Maffei
Keyword(s):  
Abundant Species ◽  
International Convention ◽  
International Whaling Commission ◽  
Difference Of Opinion ◽  
Recent Developments ◽  
Commercial Whaling

AbstractSince the moratorium on commercial whaling decided by the International Whaling Commission (IWC) in 1982, its activity has been characterised by measures which aim at protecting whales instead of encouraging their exploitation. After recalling some of the features of the 1946 International Convention on the Regulation of Whaling (ICRW) and the problems concerning its implementation, the article deals with some recent developments in the framework of the IWC's practice. It illustrates the different positions of the IWC's members who want to whale the abundant species and of those who want to ban whaling for good. Finally, the article contains some tentative comments about this difference of opinion and its consequences.

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