Whales: Their Emerging Right to Life

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

48 Pages Posted: 14 Aug 2010

Date Written: August 11, 2010

Abstract

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.

Keywords: Whales and whaling, whaling moratorium, regulation of whaling, International Whaling Commission

JEL Classification: K33, K39, K10, K30

Suggested Citation

D'Amato, Anthony and Chopra, Sudhir, Whales: Their Emerging Right to Life (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. Available at SSRN: https://ssrn.com/abstract=1657431

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Sudhir Chopra

University of Cambridge - East Asia Forum ( email )

United Kingdom

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