ocean zoning, which accommodates human use and habitat protection are important
tools in this regard.
4.5
Summary and Conclusion
The cooperative landscape on environmental issues has yielded a wide array of
multilateral agreements that take two distinct approaches: the ecosystem-based
vis-à-vis the species-based approach. In this chapter we have gotten to know regimes
that are primarily species-based and often in relation to, human exploitation of these.
This is particularly the case for whales.
CITES is probably the most prevalent example in this regard. Irrespective of the
conservation status of the different species, all ‘great whales’ are listed under
Appendix I, even though some populations are indeed stable. Paired with the special
treatment of whales under the UNCLOS, which also limits the freedom of the high
seas in regard to whaling, it becomes clear that on a global scale whales occupy a
special role in the legal landscape. This is further underlined by the European
(Union’s) legal perception of whales. Once again, irrespective of the conservation
status of whales, both the European Union and also most of the members of the
Council of Europe protect cetaceans beyond considerations of science or human use.
It seems, therefore, that the protection of whales which excludes human use (also
referred to as ‘preservation’), has become a normative standard in international
law-making circles. At least it has become a standard amongst those states that
markedly shape international environmental regimes.
Internationally, seals are somewhat a different story. Here, blanket protection,
despite them being marine mammals, appears not to be as strict as is the case with
whales. More attention is paid to conservation statuses and generally a more limited
percentage of seal species is protected vis-à-vis whales. In the European Union,
however, also seals are perceived beyond notions of sustainable use, as we will see in
Chap. 6.
While there are differences between the regimes presented here, both in their way
of functioning and in their way to approach marine mammals, it becomes clear that
especially in global regimes, first and foremost CITES and UNCLOS, marine
mammals play a special role. Since these regimes were drafted at a time when the
opposition to marine mammal hunts was highly prominent, this does not seem
surprising. Whether or not their timeliness in the twenty-first century in this regard
is still guaranteed is certainly subject to debate.
Questions and Research Tasks
• Would the establishment of a South Atlantic Whale Sanctuary be beneficial for
long-term whale conservation?
• Do marine mammals play a special role in the legal system of your country or
region? If so, why?
4.5 Summary and Conclusion
79
tools in this regard.
4.5
Summary and Conclusion
The cooperative landscape on environmental issues has yielded a wide array of
multilateral agreements that take two distinct approaches: the ecosystem-based
vis-à-vis the species-based approach. In this chapter we have gotten to know regimes
that are primarily species-based and often in relation to, human exploitation of these.
This is particularly the case for whales.
CITES is probably the most prevalent example in this regard. Irrespective of the
conservation status of the different species, all ‘great whales’ are listed under
Appendix I, even though some populations are indeed stable. Paired with the special
treatment of whales under the UNCLOS, which also limits the freedom of the high
seas in regard to whaling, it becomes clear that on a global scale whales occupy a
special role in the legal landscape. This is further underlined by the European
(Union’s) legal perception of whales. Once again, irrespective of the conservation
status of whales, both the European Union and also most of the members of the
Council of Europe protect cetaceans beyond considerations of science or human use.
It seems, therefore, that the protection of whales which excludes human use (also
referred to as ‘preservation’), has become a normative standard in international
law-making circles. At least it has become a standard amongst those states that
markedly shape international environmental regimes.
Internationally, seals are somewhat a different story. Here, blanket protection,
despite them being marine mammals, appears not to be as strict as is the case with
whales. More attention is paid to conservation statuses and generally a more limited
percentage of seal species is protected vis-à-vis whales. In the European Union,
however, also seals are perceived beyond notions of sustainable use, as we will see in
Chap. 6.
While there are differences between the regimes presented here, both in their way
of functioning and in their way to approach marine mammals, it becomes clear that
especially in global regimes, first and foremost CITES and UNCLOS, marine
mammals play a special role. Since these regimes were drafted at a time when the
opposition to marine mammal hunts was highly prominent, this does not seem
surprising. Whether or not their timeliness in the twenty-first century in this regard
is still guaranteed is certainly subject to debate.
Questions and Research Tasks
• Would the establishment of a South Atlantic Whale Sanctuary be beneficial for
long-term whale conservation?
• Do marine mammals play a special role in the legal system of your country or
region? If so, why?
4.5 Summary and Conclusion
79