Whales: Their Emerging Right to Life
Northwestern University - School of Law
University of Cambridge - East Asia Forum
August 11, 2010
Whales: Their Emerging Right to Life, by Anthony D'Amato and Sudhir K. Chopra, 85 American Journal of International Law 21-62, Jan 1991
Northwestern Public Law Research Paper No. 10-32
We have contended in this article that the evolution of the opinio juris of nations has encompassed five, and perhaps six, inexorable qualitative stages: free resource, regulation, conservation, protection, preservation and entitlement. We have argued that assigning whales an entitlement to life is the consequence of an emerging humanist right in international law – an example of the merging of the “is” and the “ought” of the law in the process of legitimization.
Number of Pages in PDF File: 48
Keywords: Whales and whaling, whaling moratorium, regulation of whaling, International Whaling Commission
JEL Classification: K33, K39, K10, K30Accepted Paper Series
Date posted: August 14, 2010
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