Whaling and International Relations:Challenges and Prospects for Cooperation

Josh Gellers, PhDOctober 5, 2015FAMU School of Law Photo: TsuneoMP

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Tragedy of the Seas

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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

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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

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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

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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

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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

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Regime Problems

Statutory inflexibility

Commission packing

Current IWC composition

Weak enforcement

No dispute settlement body

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Ways Forward?

Pro-whaling states withdraw• Expand NAMMCO• Rewrite the Convention

Reorganize under UN system

Continue civil society pressure

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Thank you! Questions?

Photo: Whit Welles