Toward a Sustainable Whaling Regime

This book is a state-of-the-art report on ocean law and politics today, written by 40 contributors from six continents. At this important early stage of implementation of the Law of the Sea Convention, this book assesses where we have been going in the past decade and charts the way ahead. Implementation of the Convention - from the perspective of interaction of politics and law - is the unifying theme of the book. Under this, three basic aspects have emerged as crucial during the 1990s: (1) evolution of new regimes; (2) institutionalisation; and (3) new patterns of participation. These are explored systematically in sections on: the Convention, its implementing agreements and related international institutions (Parts I and II); interaction of law of the sea with other regimes, including those for polar regions (Parts III and IV); the various levels (international, national and transnational) and actors involved in the implementation of the Convention (Part V); and a number of salient issues in implementation today (Part VI).

Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.

An in-depth analysis of one of the most complex and intriguing legal and sociological phenomena of the contemporary period.

Whales and elephants are iconic giants of the marine and terrestrial animal world. Both are conspicuous representatives of wildlife conservation. The issues of whaling and the ivory trade are closely linked, both legally and politically, in many ways; some obvious, and some surprising. The treatment of both whales and elephants will be politically and legally contentious for years to come, and is of great significance to conservation in general. This book examines the current state of international environmental law and wildlife conservation through a comparative analysis of the treatment of whales and elephants. In particular, it describes the separate histories of international governance of both whales and elephants, presenting the various treaties through which conservation has been implemented. It is shown that international environmental law is influenced and shaped by important political actors – many with opposing views on how best conservation, and sustainable development, principles are to be implemented. Modern environmental treaties are changing as weaknesses and loopholes are exposed in older, and possibly outdated, treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Convention for the Regulation of Whaling (ICRW). Such weaknesses can be seen in the efforts made by some states to circumvent or weaken CITES and the International Whaling Commission and to resume commercial whaling, and further in the efforts of countries to resume trade in ivory. The argument is made that the Convention on Biological Diversity could be used to begin reconciling opposed views and to focus conservation efforts. The argument is made that effective conservation of species cannot be achieved through individual treaties, but only through a synergistic approach involving multilateral environmental agreements – 'ecosystems of legal instruments'.

Since the former Norwegian prime minister, Gro Harlem Brundtland, led the World Commission on Sustainable Development, Norway has played an important role in international environmental co-operation. This volume looks at how this one state engaged international regimes in order to pursue its own national goals in the following issue areas: climate change, biodiversity, ozone depletion, air pollution, marine pollution and whaling. In doing so, it offers an innovative new approach to the study of international regime effectiveness and on linkages or interactions between international regimes.

The role of discursive power in shaping international relations analyzed through the lens of whaling politics. In the second half of the twentieth century, worldwide attitudes toward whaling shifted from widespread acceptance to moral censure. Why? Whaling, once as important to the global economy as oil is now, had long been uneconomical. Major species were long known to be endangered. Yet nations had continued to support whaling. In The Power of Words in International Relations, Charlotte Epstein argues that the change was brought about not by changing material interests but by a powerful anti-whaling discourse that successfully recast whales as extraordinary and intelligent endangered mammals that needed to be saved. Epstein views whaling both as an object of analysis in its own right and as a lens for examining discursive power, and how language, materiality, and action interact to shape international relations. By focusing on discourse, she develops an approach to the study of agency and the construction of interests that brings non-state actors and individuals into the analysis of international politics. Epstein analyzes the “society of whaling states” as a set of historical practices where the dominant discourse of the day legitimated the killing of whales rather than their protection. She then looks at this whaling world's mirror image: the rise from the political margins of an anti-whaling discourse, which orchestrated one of the first successful global environmental campaigns, in which saving the whales ultimately became shorthand for saving the planet. Finally, she considers the continued dominance of a now taken-for-granted anti-whaling discourse, including its creation of identity categories that align with and sustain the existing international political order. Epstein's synthesis of discourse, power, and identity politics brings the fields of international relations theory and global environmental politics into a fruitful dialogue that benefits both.