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

See all articles by Joanna Mossop

Joanna Mossop

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

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

Mossop, Joanna, Marine Mammals in the Antarctic Treaty System (2013). "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, Available at SSRN: https://ssrn.com/abstract=2538806

Joanna Mossop (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
66
Abstract Views
824
Rank
613,074
PlumX Metrics