considered the provisions of the convention insufficient and already during the first
years of its existence it became clear that this treaty was not adequate to conserve
whales and thus ensure the future of the whaling industry, and to satisfy all parties
concerned.
5.2.2 The 1937 Agreement for the Regulation of Whaling and Its
1938 Protocol
In light of the dissatisfaction that accompanied the 1931 whaling convention it
became clear that new, different regulations were needed. This was particularly the
case since both Germany and Japan started to actively whale in the Antarctic and
bilateral agreements, particularly between Norwegian and British companies, were
not kept. Consequently, towards the whaling season 1936/37 which was
characterised by a chaotic landscape of bilateral agreements between companies
and governments, it was clear that a new form of international regulatory regime was
needed to regulate whaling activities worldwide, but particularly in Antarctic waters.
Even though initially being sceptical of an international regulatory regime, it was the
British government which convened a conference in London in the spring of 1937 in
order to find a solution for a functioning regime on whaling. The number of states
attending the conference was limited, however, reflecting upon the BritishNorwegian dominance in the whaling issue, since it was Norway as well as the
British Dominions New Zealand, the Republic of Ireland (Eire), Australia, and the
Union of South Africa that attended. Moreover, Argentina and the United States, the
latter increasingly pushing for a higher level of conservation in a new whaling
regime, as well as Germany and Japan were invited.
It is important to remember that in 1937 the world stood at the brink of war.
Therefore, the British government was hesitant to invite the US due to its
conservation-based agenda, as well as Germany and Japan, but in the end issued
formal invitations. While the US and Germany accepted the invitation, Japan did
not. In fact, Japan openly dismissed the invitation and expanded its pelagic whaling
programme in the same year. Also earlier attempts to either encourage or to coerce
Japan to join the 1931 convention had failed. Japan’s opposition to attend the 1937
conference also stemmed from the fact that it criticised British dominance and was in
the process of expanding its whaling industry anyway. And, after all, one of the
purposes of the conference was to find a way to limit Japan’s expanding whaling
operations in the Antarctic.
2 Japan therefore acted in pursuit of its own larger
geopolitical and economic interests.
The nations that did attend the conference were once again divided into different
groups whose interests needed to be reconciled. On the one side there were those
nations that primarily focused on processing whales at sea in the rather newlydeveloped factory ships. These conducted whaling primarily in the Antarctic and
2 Dorsey (2013), p. 66.
5.2 The History of International Whaling Regulations
85
years of its existence it became clear that this treaty was not adequate to conserve
whales and thus ensure the future of the whaling industry, and to satisfy all parties
concerned.
5.2.2 The 1937 Agreement for the Regulation of Whaling and Its
1938 Protocol
In light of the dissatisfaction that accompanied the 1931 whaling convention it
became clear that new, different regulations were needed. This was particularly the
case since both Germany and Japan started to actively whale in the Antarctic and
bilateral agreements, particularly between Norwegian and British companies, were
not kept. Consequently, towards the whaling season 1936/37 which was
characterised by a chaotic landscape of bilateral agreements between companies
and governments, it was clear that a new form of international regulatory regime was
needed to regulate whaling activities worldwide, but particularly in Antarctic waters.
Even though initially being sceptical of an international regulatory regime, it was the
British government which convened a conference in London in the spring of 1937 in
order to find a solution for a functioning regime on whaling. The number of states
attending the conference was limited, however, reflecting upon the BritishNorwegian dominance in the whaling issue, since it was Norway as well as the
British Dominions New Zealand, the Republic of Ireland (Eire), Australia, and the
Union of South Africa that attended. Moreover, Argentina and the United States, the
latter increasingly pushing for a higher level of conservation in a new whaling
regime, as well as Germany and Japan were invited.
It is important to remember that in 1937 the world stood at the brink of war.
Therefore, the British government was hesitant to invite the US due to its
conservation-based agenda, as well as Germany and Japan, but in the end issued
formal invitations. While the US and Germany accepted the invitation, Japan did
not. In fact, Japan openly dismissed the invitation and expanded its pelagic whaling
programme in the same year. Also earlier attempts to either encourage or to coerce
Japan to join the 1931 convention had failed. Japan’s opposition to attend the 1937
conference also stemmed from the fact that it criticised British dominance and was in
the process of expanding its whaling industry anyway. And, after all, one of the
purposes of the conference was to find a way to limit Japan’s expanding whaling
operations in the Antarctic.
2 Japan therefore acted in pursuit of its own larger
geopolitical and economic interests.
The nations that did attend the conference were once again divided into different
groups whose interests needed to be reconciled. On the one side there were those
nations that primarily focused on processing whales at sea in the rather newlydeveloped factory ships. These conducted whaling primarily in the Antarctic and
2 Dorsey (2013), p. 66.
5.2 The History of International Whaling Regulations
85