Marine Mammals in the Antarctic Treaty System
"Marine Mammals in the Antarctic Treaty System" in Erik J Molenaar, Alex G Oude Elferink and Donald R Rothwell (eds) The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes (Martinus Nijhoff Publishers, The Netherlands, 2013) pp 267-292
Victoria University of Wellington Legal Research Paper No. 50/2019
27 Pages Posted: 18 Dec 2014 Last revised: 15 Jul 2019
Date Written: 2013
Abstract
This paper considers the difference between the protection of seals by the Antarctic Treaty System (ATS) and the protection of whales by the International Convention for the regulation of Whaling (ICRW). This difference is largely due to the lack of a sealing industry in the Southern Ocean, while Japan continues to harvest whales in the area. The paper discusses the development of the Convention for the Conservation of Antarctic Seals and compares this to the way the ATS has responded to whaling in the Antarctic Treaty Area. The paper explores how Japan’s use of the scientific permit exception in article VIII of the ICRW has caused many problems. The safety, legal and environmental implications of whaling in the Southern Ocean are explored, while noting the interesting comparisons with the largely defunct sealing industry that is protected by the ATS.
Keywords: Seals, Whales, Antarctic Treaty System, International Convention for the Regulation of Whaling, Convention for the Conservation of Antarctic Seals, scientific permit whaling, marine mammals.
JEL Classification: K3, K4
Suggested Citation: Suggested Citation