Cover

Half-title

Title page

Copyright information

Table of contents

List of abbreviations

Acknowledgements

Table of cases

Table of treaties, declarations and general comments

Introduction

1 The history of whaling

Introduction

1.1 Pre-conventional whaling

1.2 The history of whaling immediately before and during conventional regulation

1.3 The 1931 Geneva Convention on Whaling: circumstances leading to its conclusion

1.4 The provisions of the 1931 Convention

1.5 Evaluation of the 1931 Convention

1.6 Events leading to the 1937 Agreement

1.7 The provisions of the 1937 Agreement

1.8 The circumstances leading to the extension of the 1937 Agreement and the 1938 Protocol to the Agreement

1.9 The Protocol on Whaling

1.10 Evaluation of the 1937 Agreement and the Protocol

Concluding remarks

2 The International Convention for the Regulation of Whaling

Introduction

2.1 The background to the 1946 ICRW

2.2 Changes relating to whaling and to the international environment

2.3 Weaknesses in the ICRW

2.4 Major aspects and provisions of the ICRW

2.5 The form of the Convention

2.6 Participation in the ICRW

2.7 Object and purpose

2.8 Provisions relating to ‘aboriginal’ and ‘scientific’ whaling: general outline

2.9 Scientific whaling

2.10 Aboriginal whaling

2.11 Other relevant provisions of the ICRW

2.12 The definition of whale: a general outline

2.13 The precautionary principle and the ICRW

Concluding remarks

3 The International Whaling Commission

Introduction

3.1 General overview and structure of the International Whaling Commission

3.1.1 Introduction

3.1.2 The structure of the IWC

3.1.3 The territorial and substantive extents of IWC jurisdiction

3.1.4 The 1982 Moratorium

3.1.5 Events and attitudes since the conclusion of the Moratorium

The general scene

Iceland’s 1990 withdrawal and 2002 re-accession subject to reservation

St Kitts and Nevis Declaration

3.2 Conservation and management

3.3 Attempts to solve the impasse

3.4 Japanese Whale Research Program under Special Permit in the Antarctic (JARPA II)

3.5 The Whaling in the Antarctic case and its significance (scientific whaling (Australia v. Japan, New Zealand, intervening))

3.5.1 Conclusions on the Whaling in the Antarctic case

3.6 Post-judgment developments

3.6.1 Japanese position after the Judgment

3.6.2 The post-Judgment meeting of the IWC (Portoroz, Slovenia)

3.6.3 New Scientific Research Programme in the Antarctic Ocean

Concluding remarks

4 Cultural diversity

Introduction

4.1 General outline

4.2 Cultural diversity and non-indigenous whaling

4.2.1 Japan

4.2.2 Iceland

4.2.3 Norway

4.2.4 Faroe Islands

Concluding remarks

5 Environmental ethics, animal rights and the law

Introduction

5.1 Animal rights: outline of general issues

5.2 Rights of whales

5.3 Conclusions on animal rights

5.4 Intergenerational equity in relation to whaling

5.4.1 The concept of intergenerational equity

5.4.2 Intergenerational equity and the ICRW

Concluding remarks

6 The IWC and its interaction with other organisations and conventions

Introduction

6.1 The role of the IWC and other organisations in the regulation of whaling: general introduction

6.2 The IWC and the North Atlantic Marine Mammal Commission

6.2.1 Brief introduction to the North Atlantic Marine Mammal Commission

6.2.2 The relationship between the IWC and NAMMCO

6.3 The IWC and the 1979 Convention on the Conservation of Migratory Species of Wild Animals

6.4 The IWC and the Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas

6.5 The IWC and the Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area

6.6 The IWC and the Convention on International Trade in Endangered Species of Wild Fauna and Flora

6.7 The IWC and the 1980 Convention on the Conservation of Antarctic Marine Living Resources

6.8 The IWC and trade restrictions

6.9 The IWC and the 1979 Convention on the Conservation of European Wildlife and Natural Habitats

6.10 The IWC and the European Union

6.11 The IWC and the 1982 United Nations Convention on the Law of the Sea

6.12 The IWC and the Convention on Biological Diversity

6.13 The United Nations Environment Programme

6.14 The question of fragmentation of international law relating to the protection of whales

6.15 Conflicts between treaty norms and the 1969 Vienna Convention on the Law of Treaties

Concluding remarks

7 Indigenous whaling

Introduction

7.1 Cultural diversity and indigenous peoples

7.2 Early regulation of aboriginal whaling

7.3 Aboriginal whaling within the jurisdiction of the IWC

7.3.1 Aboriginal subsistence whaling: the historical background and the general outline

7.3.2 Commercial and aboriginal whaling

7.3.3 Aboriginal subsistence whaling under the IWC at present

7.4 Aboriginal whaling outside the IWC context

7.4.1 Equatorial Guinea

7.4.2 Indonesia

7.4.3 The Philippines

7.4.4 Canada

7.4.5 Conclusions on aboriginal whaling outside the IWC

7.5 The complexity of aboriginal whaling illustrated by selected case studies

7.5.1 The USA: case study of the Makah peoples (State of Washington)

7.5.2 The case of Greenland

Concluding remarks

8 A case study of the protection of the narwhal whale

Introduction

8.1 Setting the scene (the narwhal)

8.2 Canada, Greenland and the narwhal

8.2.1 Canada

8.2.2 Greenland

8.3 The IWC and small cetaceans

8.3.1 The IWC and the narwhal

8.3.2 Conclusions on the IWC and narwhal management

8.4 The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora

8.4.1 CITES and the trade in narwhals

8.4.2 Conclusions on CITES and the narwhal

8.5 The 1979 Bonn Convention on the Conservation of Migratory Species of Wild Animals

8.5.1 The CMS and small cetaceans

8.5.2 The CMS and the narwhal

8.5.3 Conclusions on the CMS and narwhal management

8.6 Regional cooperation: the Canada-Greenland Joint Commission on the Conservation and Management of Narwhal and Beluga and the 1992 North Atlantic Marine Mammal Commission

8.6.1 The Canada-Greenland Joint Commission

8.6.2 NAMMCO and the narwhal

8.6.3 A joint meeting of the NAMMCO Scientific Committee Working Group and the JCNB Scientific Working Group (the Joint Working Group)

8.6.4 Conclusions on NAMMCO and the JCNB

8.7 The 1991 Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas

8.7.1 Implications of new developments for the narwhal

8.7.2 ASCOBANS and the narwhal

8.8 The 1979 Bern Convention on the Conservation of European Wildlife and Natural Habitats

8.9 The European Union and its 1992 EEC Habitats Directive

Concluding remarks

Conclusion

Appendix A Taxonomy of whales: a brief introduction on selected species

1. Introduction to taxonomy of whales

2. Species of whales

2.1 Right whales (Eubalena spp.)

2.1.1 Southern right whales (protected since the mid 1930s apart from some illegal whaling) (Eubalaena australis)

2.1.2 North Atlantic right whales (protected since the early 1930s)

2.1.3 North Pacific right whales (protected since the early 1930s apart from some illegal whaling) (Eubalaena japonica)

2.1.4 Bowhead whales (Baleana mysticetus) (protected since the early 1930s apart from limited subsistence whaling)

2.2 Grey whales (Eschrichtius robustus) (protected since the 1930s apart from some subsistence whaling)

2.3 Blue whales (including pygmy blue whales) (Aenoptera musculus) (protected worldwide since the 1960s)

2.4 Humpback whales (Megaptera novaengliae) (protected worldwide since the 1960s, although a few individuals are allowed to be caught by subsistence whalers)

2.5 Fin whales (Balaenoptera physalus) (protected in the Southern Ocean and North Pacific since the 1970s and in the North Atlantic by the Moratorium from 1986; some special permit and commercial whaling under objection has occurred since)

2.6 Sperm whales (Physeter macrocephalus)

2.7 Sei whales (Balaenoptera borealis) (protected since the mid-1970s apart from in the central North Atlantic where protection came with the Moratorium in 1986; some special permit catches occur)

2.8 Bryde's whale (Balaenoptera edeni) (protected since the Moratorium apart from some special permit catches in the North Pacific)

2.9 Antarctic Minke whales (Balaenoptera bonaerensis, protected since the Moratorium apart from special permit catches)

2.9.1 Common minke whales (protected since the Moratorium apart from commercial catches under objection and subsistence catches in the North Atlantic and special permit catches in the North Pacific (balaenoptera acutorostrata))

Appendix B 1946 International Convention for the Regulation of Whaling

Article I

Article II

Article III

Article IV

Article V

Article VI

Article VII

Article VIII

Article IX

Article X

Article XI

Protocol to the International Convention for the Regulation of Whaling, signed at Washington under date of 2 December 1946

Article I

Article II

Article III

Schedule

Explanatory notes

I. Interpretation

A. Baleen whales

B. Toothed whales

C. General

II. Seasons

Factory ship operations

Land station operations

Other operations

III. Capture

Area limits for factory ships

Classification of Areas and Divisions

Fin whale stocks

Minke whale stocks

Sei whale stocks

Sperm whale stocks

Bryde's whale stocks

Minke whale stocks

Classification of stocks

Baleen whale catch limits

Baleen whale size limits

Sperm whale catch limits

Sperm whale size limits

IV. Treatment

V. Supervision and control

VI. Information required

Schedule Appendix A

Schooling Report

Bibliography

Index