RESEARCH GUIDE TO INTERNATIONAL WHALING

Todd Herman, J.D. Candidate, May 2010, at Nova Southeastern University, Shepard Broad Law Center.

Updated April 25, 2009

Contents

Outline of sections:

  1. Overview
  2. Introductory Texts
  3. List of Key Abbreviations
  4. Dictionaries, Encyclopedias, and Directories
  5. Treaties
  6. Principal Institutions involved
  7. Legislation
  8. Case Law
  9. Selected Journals
  10. Secondary sources
  11. Blogs
  12. Multimedia
  13. RSS feed
  14. Tutorials
  15. Research Guides
  16. Sample Research Question
  17. Conclusion
  18. Suggestions for further reading
  19. Additional Information
  1. Overview

The International Whaling Commission (IWC) is an international body set up by the terms of the International Convention for the Regulation of Whaling which became effective on December 2, 1946. The goal of the IWC is to “provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry.” In 1986 a moratorium (ban) on commercial whaling was enacted. This 84 member body is a voluntary organization which has substantial practical limitations on it authority; the IWC has no authority to enforce any of its decisions through penalty imposition. The most troublesome whaling nations for the IWC are Japan, Norway, and Iceland. Countries are allowed to issue scientific permits to kill whales for research and it is this loophole that these countries continue to exploit. In an effort to prevent non-compliance with the IWC’s mandates, countries such as the United States have imposed economic sanctions on Japan through the Pelly Amendment. Australia, one of the most out spoken countries against whaling, has passed legislation of their own. Recently, private groups such as the Sea Shepards, unsatisfied with world response have been using aggressive tactics such as chasing Japanese whaling boast to prevent the Japanese from killing whales. A world wide effort to stop whaling is pushing forward.

  • This pathfinder is intended for people who want to learn more about the conflict surrounding the whale industry as well as how to help save the whales.
  1. Introductory Texts
  • Darby, Andrew (2008). Harpoon: into the heart of whaling. Cambridge Massachusetts: Da Capo Press, 2008. (Contains a historical up to date insight into the fierce conflict of international whaling. Written from an anti-whaling perspective, the book chronicles aboriginals who prey on whales for survival up to state of the art Japanese and Norwegian vessels. The book is described as an “epic struggle to end the slaughter.”
  • W C G Burns; G Wandesforde-Smith. (2002). The International Whaling Commission and the Future of Cetaceans in a Changing World. Review of European Community and International Environmental Law, 11, no. 2, (2002). (Includes major topics that have been discussed at the annual meetings of the International Whaling Commission which is often a stage for the most vehement conflicts in international environmental law. This Article breaks down important issues discussed over the years into subheadings and briefly describes the commercial whaling moratorium, Norwegian commercial whaling operations, and scientific research inter alia.
  • Day, David (1987). Whale Wars. San Francisco: Sierra Club Books. (Discussesthe conspiracy and cover ups of whaling and seeks to expose the illegality of the activities of international whalers.
  • Gillespie, Alexander (2005). Whaling Diplomacy: Defining Issues in International Environmental Law. Northampton, MA: Edward Elgar, ©2005. (Contains the clashes between international organizations and how whaling needs to be addressed through ethics, politics and law.
  1. List of Key Abbreviations
  • IWC (International Whaling Commission)
  • ICRW (International Convention on the Regulation of Whales)
  • CMS (Convention on Migratory Species)
  • MMPA (Marine Mammal Protection Act)
  • WDCS (Whale and Dolphin Conservation Society)
  • NAMMCO (North Atlantic Marine Mammal Commission)
  • HSUS (The Humane Society of the United States)
  • IFAW(International Fund for Animal Welfare)
  1. Dictionaries, Encyclopedias, and Directories
  • World Animal Net Directory: Here you can use this online directory that lists thousands of animal/mammal defense groups. Simply search for “whale” under the species you are looking for and you will be directed to worldwide conservation societies, associations, and foundations dedicated to whales.
  • Dictionary.com: Various types of whale species will be encountered when conducting your research; therefore, it will be useful to use this site and search the particular species of whale you encounter. Searches will provide color, length, and habitat.
  • Whale Encyclopedia: Here you can find photos and descriptions of the most commonly hunted whales. This site is especially useful because it tells the reader which types of whales are protected by the International Whaling Commission and says which whales are targeted by specific countries.
  • WorldLII: [International whaling resource materials (search “international whaling”)] For your convenience, number 35 (History of Whaling in Australia) and number 38 (Global Citizens-Whaling links) should be particularly helpful.
  1. Treaties
  • International Convention for the Regulation of Whaling. United States Department of State: Treaties in Force.(This very important multi lateral treaty is what formed the International Whaling Commission.) (currently 84 member Nations)
  1. States that whale populations have been overfished and if the current pace continues some whale species may face extinction. The world must step in and regulate the hunting of whales and allow the species to naturally replenish themselves, thus the International Whaling Commission was formed.
  1. Westlaw (PASSWORD Protected). TIAS citation: TIAS 1849
  1. Amendments to the International Convention for the Regulation of Whaling. EISIL>advanced search>whaling. (A list of Amendments to the ICRW)
  • Convention on Migratory Species: This multi lateral treaty was proposed by Australia and subsequently adopted by 80 Nations. The treaty added six whale species to a list of protected mammals.
  • Environmental Treaties and Resource Indicators. (1990 Amendment to the International Convention to the Regulation of Whaling).

**PLEASE NOTE: “A majority of IWC member countries, along with animal protection and environmental organizations, believe that the treaty (International Convention for the Regulation of Whaling) has evolved into a conservation agreement that allows for greater protection for whales from environmental, commercial, and other types of threats.” Conversely, Japan, Norway, Iceland and other whaling nations continue to claim that the sole purpose of the IWC is to promote the orderly development of the whaling industry, not to ban whaling altogether. As notes, enforcement is a problem so there is no clear majority opinion.

  1. Principal Institutions Involved
  • Greenpeace: Widely known NGO. Group that is dedicated to preventing environmental destruction. They are active in their fight to ban commercial whaling
  • International Whaling Commission: Organization responsible for governing the conduct of whaling throughout the world
  • World Conservation Trust (formally international management consortium). IWMC is an NGO of experts and wildlife managers promoting the conservation of wildlife resources and promoting the use of science-based techniques in managing environmental issues.
  • World Council of Whalers: NGO which promotesthe hunting of whales. It was founded to “provide a forum for whaling peoples around the world.” This group believes humans should be able to use whales as a food source.
  • Australian Government. Australia use to be heavily involved in the whale industry. Whale oil was their first primary industry. Now this country is one of the most devoted anti-whaling countries in the world. The Australian Government through the Department of the Environment, Water, Heritage and the Arts will not condone whaling in its waters.
  1. Legislation
  • Overview of U.S. laws and regulations protecting whales: This website offered by the Michigan State University School of Law contains all the major United States laws concerning the protection of whales. Brief overviews of the various laws are offered and citations are given. Printable versions are available or if you prefer, the citation can easily be entered into Westlaw or Lexis Nexus (PASSWORD protected). Note: The United States uses the Pelly Amendment to deter countries from whaling by decreasing the amount of fish products they will enforce.
  • Australian Legislation: A look at legislation from one of the front running countries in the protection of whales—Australia.
  1. Case Law

a) Databases

  1. Lexis-Nexis (requires PASSWORD)

Legal > Area of Law-By Topic > International Law > Find cases or Find Treaties & International Agreements

  1. Westlaw: (requires PASSWORD)

Directory > Topical Practice Areas > Animal Law > All State and Federal Animal Law Cases

  1. Humane Society International: (allows free access to US case law as well as what legal options other countries have been taking.

b) Key cases:

  1. Japan Whaling Ass'n v. American Cetacean Soc., 478 U.S. 221 (1986).

(United States Supreme Court case ruling that in order to assure Japan abides by whaling quota, they must do so per executive agreement rather than executive sanctions.

  1. Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd. [2008] FCA 3. Prominent case law from the Federal Court of Australia.
  1. Selected Journals

a)Selected Titles

  1. Leiden Journal of International Law: Considered one of Europe’s leading journals in the field of international law. Available works include Norwegian whaling and its compatibility with European law (Volume 43 Issue 02). Also covers international tribunals such as Hague. (Subscription required).
  1. Journal of International Wildlife Law & Policy: ThisJournal strives to “address legal and political issues concerning the human race's interrelationship with and management of wildlife species, their habitats, and the biosphere.” Included is a look into international treaties and the role they play in conservation. (Articles available for purchase, however, sample journals are available)
  1. Villanova Environmental Law Journal. (FREE)Villanova, PA: Villanova University School of Law. (Includes articles on whaling related issues).
  1. Westlaw (PASSWORD required) >Journal and law reviews>whaling>. This very current article discusses private organizations attempts to protect whales by taking matters into their own hands due to a lack of enforcement from governments.
  1. Journal of Cetacean Research and Management. Cambridge, UK: International Whaling Commission. (This is a peer review journal that locates the most prominent topics on the whaling industry. It includes importance developments of the IWC Scientific Committee.)

b)Indexes

  1. WorldLII>Categories>Subjects>Maritime Law>By Subject>Whaling. (Index for viewing annual reports of the International Whaling Commission, how countries are teaming up to protect whales, and other various whaling links.)

c)Key Articles

  1. Bay Ledger News Zone. ‘US criticizes whaling ahead of key meeting.’ (This is article discusses how the Obama administration is highly opposed to whaling and will voice its distaste of the practice at the next IWC meeting. This view may foreshadow sanctions by the United States under the Pelly Act to countries that continue to whale.
  2. TVNZ. (This article gives key facts on whaling in Japan. The whaling conflict must be looked through both sides in order to have an informed opinion)
  1. WWF (currently known as World Wildlife Fund). (Provides key dates in the history of whaling starting at 1925 and spanning until 2008. It is a very clear and concise illustration of the evolution of the anti-whaling movement.
  1. Secondary Sources

a)Treatises

  • Whaling diplomacy: defining issues in international environmental law. Cheltonham, UK: Edward Elgar (2005). (This volume discusses struggle of whales as well as the “means and strategies adopted by governments to govern their existence.” Additionally, it reviews the important role whales play in the ocean’s ecosystem).
  • International Law Studies: Collected papers volume 2. D’Amato, Anthony. Kluwer law international. (“The purpose of this chapter is twofold: to urge that whales have a legal right to life, and to analyze how a right can emerge from a succession of treaties and practices.”) (SEE part 1: International Environmental law)
  • Westlaw. (PASSWORD Protected). Directory>Forms, Treatises, CLEs, and other Practical Material>Texts and Treatises>whaling.

b)Authoritative Commentary

  • U.S. policy towards the International Whaling Commission and other marine mammals issues: hearing before the subcommittee on human rights and international organizations of the committee on foreign affairs, House of Representatives, one hundred first Congress. Washington: U.S. G.P.O. (A look into U.S. government policy on the International Whaling Commission as it existed in the late 1980s.
  1. Blogs
  • Blogcatalog. (Blog discussing the tension exisitng between Australia and Japan).
  • Defending Whales. (Blog dedicated to protecting the ocean’s whales)
  • Whale Wars. (Blog discussing the efforts of private whale conservationists such as Steve Irwin (not the “Crocodile Hunter”), who have began to take matters into their own hands.
  • Petition to stop whaling. (Petition that asks viewers to sign an anti-whaling petition)

XII.Multimedia

a)Videos

  • Animal Planet (A firsthand look into just how far private groups are going to prevent the killing whales. These private groups are responsible for saving hundreds of whales.)
  • Japanese Whalers kill whale. (Footage showing just how brutal it is when a harpoon is used to kill a while). (WARNING: GRAPHIC MATERIAL)

b)Audio

  • Free Speech Radio News. (Radio discussion summarizing the 2008 annual Meeting of the International Whaling Commission in Santiago, Chile.)

c)PowerPoint

  • The Exploitation and Management of Whale Populations. (Very Complete and educational PowerPoint that would be a good place to get the big picture of whaling before starting your research. PowerPoint also covers 11th century whalers as well as population modeling charts.

d)Podcasts

  • World Wildlife Fund. (Free Podcasts on various wildlife topics including whaling).
  • BBC Radio (Free podcast looking at the countries that still seek out whales despite the 1982 moratorium.)

XIII.RSS Feed

  • The New Zealand Herald. (RSS feeds on whaling headlines dealing with various issues)
  • IFAW. (Great RSS feeds that include the conflicts going on in many different countries.)

XIV.Tutorials (*no tutorials could be found on whaling specifically)

  • Environmental law. (PASSWORD Protected) (CALI Lesson on the major provisions of the Federal Endangered Species Act—which some species of whales fall under).

XV. Research Guides

  • Whaling Research Guide. Valencia West Campus Tutorial Series (an abundance of search terms to help locate whaling sources)

XVI.Sample Research Question

Question: A client wants to know how Native Peoples in the Pacific Northwest can hunt whales in contravention of the anti-whaling conventions. Please indicate which resources he should consult.

Answer: Under a treaty made by the United States with the Makah Tribe (Primary Pacific Northwest tribe) in 1855, the Tribe agreed to give up its rights to hundreds of thousands of acres of land on the Olympic Peninsula (these treaty rights were subsequently modified for conservation purposes)Treaty. In return, the United States promised to secure to the Makah the right to engage in whaling. After 70 years of not whaling the tribe started whaling again in the 1990s, however, they soon stopped after court challenges by environmental groups. The U.S. 9th Circuit Court of Appeals twice ruled the tribe must seek and win an exception from the Marine Mammal Protection Act (See MMPA under abbreviations)before being allowed to legally resume whaling. This exception was eventually granted. Based on a proposal by the United States, in 2007 the International Whaling Commission set an annual four whale quota for the Makah tribe (see IWC under abbreviations)

XVII.Conclusion

  • After completing this pathfinder I found myself unhappy with the International Whaling Commission and pro whaling countries. The former has good intentions, nevertheless without any enforcement powers it is unrealistic that they will be able to effectively control whaling. If countries like Japan are finding a loophole by allegedly killing whales for “scientific research” than this loophole needs to be closed. It is beyond the scope of this pathfinder to know whether whales actually need to be researched. The IWC needs to look into alternatives such as only allowing private, closely regulated companies to do this research. Economic sanctions and private groups can only go so far. The world needs to step in and make a real change.

XVIIISuggested Further Reading

  • The Embassy of Japan in Australia. (A look into the so called killing of whales for scientific purposes.
  • Introduction to Cetaceans. (A look into the order Cetacean, which is the scientific classification of whales. This link gives the ins and outs of whales as mammals and avoids discussion on whaling. If you are going to be researching whaling it will be helpful to know the animal itself).
  • Whale Populations. (A look at 1997 whale populations and the years they became protected).

XIX.Additional Information

  • Whale vocabulary. Common terms that you may encounter when doing your research
  • Sea Shepard Conservation Society. Here you can find information for joining the largest private organization dedicated to proactively preventing the killing of whales
  • EBAY. Example of an 18th century harpoon.