were the UK, Norway, and Germany. Also Japan belonged to this group of states
which processed whales first and foremost for their oil. On the other side were
whaling nations who focused on processing in land stations, such as Australia,
New Zealand, Canada (for Newfoundland), and South Africa, primarily for whale
meat. In addition, even though Norway and Japan put a strong focus on pelagic
whaling in the Antarctic, they nevertheless also maintained land stations for meat,
while also states such as Madagascar or the Faroe Islands engaged in shore-based
whaling. In other words, the interests of whaling nations were not in unison, but the
oil/meat—pelagic/terrestrial dichotomy needed to find adequate and equal reflection
in a new whaling regime.
On 8 June 1937 the conference was adjourned and the attending nations had
adopted the International Agreement for the Regulation of Whaling.
3 This agreement was to be in force only for 1 year unless the majority of its parties, which had to
include Norway, the UK and Germany, favoured an extension of its duration. The
Agreement mirrored some provisions of the 1931 whaling convention but it also
went significantly further. First of all, the agreement applied to both pelagic whaling
and land stations equally. Apart from right whales, also gray whales were to be fully
protected while blue, fin, humpback and sperm whales had to reach a minimum size
before they could be killed. Interestingly, the agreement now also included the
taking of whales for scientific purposes. Scientific whaling was not considered
under the 1931 convention, but found recognition in the US version of the convention upon its ratification. Now, scientific whaling had entered the international
discourse on whaling. At that time, the drafters of the agreement could not know
that scientific whaling would constitute a source of major disagreements in the
future, as we will see below. But be that as it may, the agreement furthermore
established whaling seasons and geographical boundaries for Antarctic whaling
operations while also land stations and associated whale catchers were no longer
allowed to whale longer than 6 months in the same area. Additionally, the wastefulness of whaling had emerged on the international agenda since based on the
agreement, the whale carcass was to be fully used while whalers were required to
take only as many whales as both factory ships and land stations were capable of
processing.
In light of the short duration of the agreement, the parties decided to convene a
second conference in order to prolong its lifetime. In June 1938, therefore, they came
together in both Oslo and London, also inviting Japan, France and Denmark while
Portugal attended as an observer. In order for the other states to join the agreement, it
was amended through a Protocol, particularly aiming at incorporating the interests of
the three non-parties. While France and Denmark signed the Protocol, Japan did not
since it had too many reservations towards the 1937 convention. However, at yet
another meeting in August 1939, Japan announced it would sign the convention for
the next season. But with the outbreak of the Second World War, these plans did not
materialise and the efforts to successfully implement the convention fell off the table.
3 International Agreement for the Regulation of Whaling of 8 June 1937 (190 LNTS 79).
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5 The International Legal Framework for Whales
which processed whales first and foremost for their oil. On the other side were
whaling nations who focused on processing in land stations, such as Australia,
New Zealand, Canada (for Newfoundland), and South Africa, primarily for whale
meat. In addition, even though Norway and Japan put a strong focus on pelagic
whaling in the Antarctic, they nevertheless also maintained land stations for meat,
while also states such as Madagascar or the Faroe Islands engaged in shore-based
whaling. In other words, the interests of whaling nations were not in unison, but the
oil/meat—pelagic/terrestrial dichotomy needed to find adequate and equal reflection
in a new whaling regime.
On 8 June 1937 the conference was adjourned and the attending nations had
adopted the International Agreement for the Regulation of Whaling.
3 This agreement was to be in force only for 1 year unless the majority of its parties, which had to
include Norway, the UK and Germany, favoured an extension of its duration. The
Agreement mirrored some provisions of the 1931 whaling convention but it also
went significantly further. First of all, the agreement applied to both pelagic whaling
and land stations equally. Apart from right whales, also gray whales were to be fully
protected while blue, fin, humpback and sperm whales had to reach a minimum size
before they could be killed. Interestingly, the agreement now also included the
taking of whales for scientific purposes. Scientific whaling was not considered
under the 1931 convention, but found recognition in the US version of the convention upon its ratification. Now, scientific whaling had entered the international
discourse on whaling. At that time, the drafters of the agreement could not know
that scientific whaling would constitute a source of major disagreements in the
future, as we will see below. But be that as it may, the agreement furthermore
established whaling seasons and geographical boundaries for Antarctic whaling
operations while also land stations and associated whale catchers were no longer
allowed to whale longer than 6 months in the same area. Additionally, the wastefulness of whaling had emerged on the international agenda since based on the
agreement, the whale carcass was to be fully used while whalers were required to
take only as many whales as both factory ships and land stations were capable of
processing.
In light of the short duration of the agreement, the parties decided to convene a
second conference in order to prolong its lifetime. In June 1938, therefore, they came
together in both Oslo and London, also inviting Japan, France and Denmark while
Portugal attended as an observer. In order for the other states to join the agreement, it
was amended through a Protocol, particularly aiming at incorporating the interests of
the three non-parties. While France and Denmark signed the Protocol, Japan did not
since it had too many reservations towards the 1937 convention. However, at yet
another meeting in August 1939, Japan announced it would sign the convention for
the next season. But with the outbreak of the Second World War, these plans did not
materialise and the efforts to successfully implement the convention fell off the table.
3 International Agreement for the Regulation of Whaling of 8 June 1937 (190 LNTS 79).
86
5 The International Legal Framework for Whales