Upload
josh-gellers
View
564
Download
2
Embed Size (px)
Citation preview
Whaling and International Relations:Challenges and Prospects for Cooperation
Josh Gellers, PhDOctober 5, 2015FAMU School of Law Photo: TsuneoMP
2
Tragedy of the Seas
3
Whaling and International Law
• 1930: Bureau of International Whaling Statistics set up
• 1935: Convention for the Regulation of Whaling comes into force
• 1937: International Agreement for the Regulation of Whaling signed
4
Whaling and International Law
• 1948: International Convention for the Regulation of Whaling enters into force– Preamble: “…to provide for the proper
conservation of whale stocks and thus make possible the orderly development of the whaling industry”
– Art. III establishes the International Whaling Commission (IWC)
– Includes binding Schedule, special permits, objections, withdrawals
5
A Solution?
• 1982: IWC votes to adopt moratorium– Signals shift from natural resource
management to protectionism– Contravenes the letter of ICRW Art. V 2(b)– Formalized a split among members
Source: Animal Welfare Institute
6
Explaining Failure
Anti-whaling norm was ambiguous
Epistemic community never emerged
Norm conflicted with other powerful norms
Key anti-whaling states lost prestige
NGO tactics failed to change behavior of whaling states
7
A (Partial) Victory?
• International Court of Justice decides Whaling in the Antarctic (Australia v Japan) in March 2014
• Finds Japan violated terms of JARPA II under ICRW by:– 1) Setting non-zero catch limits for certain
species– 2) Using factory ships to hunt whales– 3) Operating in the Southern Ocean Sanctuary
8
Regime Problems
Statutory inflexibility
Commission packing
Current IWC composition
Weak enforcement
No dispute settlement body
9
Ways Forward?
Pro-whaling states withdraw• Expand NAMMCO• Rewrite the Convention
Reorganize under UN system
Continue civil society pressure
10
Thank you! Questions?
Photo: Whit Welles