5.2.3 The 1946 Convention for the Regulation of Whaling
The regulation of whaling was understandably not a primary concern of the international community during the Second World War. In fact, the UK considered
withdrawing from the 1931 convention and the 1937 agreement during that time
in order to maximise oil production to fuel the war machinery. Only towards the end
of 1942, when it became clear that German defeat would be just a matter of time,
deliberations in the UK on a postwar regime for the regulation of whaling started.
Although British and Norwegian whaling vessels were sunk during the war, the
numbers were not so grave as to cripple the whaling industry. This was the opposite
in Japan where it is estimated that around 95% of the whaling tonnage had been sunk
while Antarctic whaling grounds could no longer be reached due to the dangers of
naval warfare. The food crisis in Japan, for which whales were used as remedies, was
therefore severe, which prompted the occupation forces in postwar Japan to particularly stimulate the whaling industry again. General MacArthur made Japanese
whaling and Japanese international cooperation in this regard a primary issue. As
a result, already in 1946 two remodelled oil tankers that served as factory ships were
sent to the Antarctic in their pursuit of whales.
This notwithstanding, the first conference for a new regime on whaling was held
in January 1944 in London, excluding Japan. Particularly the UK, Norway and the
United States were the main players, the latter striving for increased conservation
efforts for whales, the two former aiming to revitalise the slowed-down whaling
industry directly after the war. The result was a short-lived and somewhat obscure
protocol to which no primary information is available. However, since the United
States had both the conservation of whales and the protection of the whaling industry
in mind, at this 1944 conference, the US first proposed the establishment of a
permanent whaling commission that would provide recommendations on catch
quotas, whaling seasons, minimum lengths of whales or sanctuaries. In order for
such commission to come to life, however, short-lived protocols to the 1937
convention were not feasible and the need for a completely new regime emerged.
Before that, several countries, including the UK, Norway and the US, along with
Mexico, France and some Commonwealth governments, agreed on yet another
Protocol Amending The 1937 International Agreement For The Regulation Of
Whaling at a conference in November 1945, again in London. Once again, the
protocol was only applicable for one season, 1946/47, and did not establish a
permanent commission nor did it find means and ways for permanent measures for
the regulation of whaling. Even though the Bureau on Whaling Statistics was to be
provided with data, this did not provide the Bureau itself with any regulatory
competence.
Although the November conference resulted in a protocol, the United States were
not satisfied with such a temporary arrangement and further pushed for the idea of a
permanent commission. While originally the US idea was to create a regime which
allowed merely trade between its members, the invitations to a conference to be held
in December 1946, which were sent out to 18 nations, did not provide for any
indication that trade with non-members would be prohibited. The planned
5.2 The History of International Whaling Regulations
87
The regulation of whaling was understandably not a primary concern of the international community during the Second World War. In fact, the UK considered
withdrawing from the 1931 convention and the 1937 agreement during that time
in order to maximise oil production to fuel the war machinery. Only towards the end
of 1942, when it became clear that German defeat would be just a matter of time,
deliberations in the UK on a postwar regime for the regulation of whaling started.
Although British and Norwegian whaling vessels were sunk during the war, the
numbers were not so grave as to cripple the whaling industry. This was the opposite
in Japan where it is estimated that around 95% of the whaling tonnage had been sunk
while Antarctic whaling grounds could no longer be reached due to the dangers of
naval warfare. The food crisis in Japan, for which whales were used as remedies, was
therefore severe, which prompted the occupation forces in postwar Japan to particularly stimulate the whaling industry again. General MacArthur made Japanese
whaling and Japanese international cooperation in this regard a primary issue. As
a result, already in 1946 two remodelled oil tankers that served as factory ships were
sent to the Antarctic in their pursuit of whales.
This notwithstanding, the first conference for a new regime on whaling was held
in January 1944 in London, excluding Japan. Particularly the UK, Norway and the
United States were the main players, the latter striving for increased conservation
efforts for whales, the two former aiming to revitalise the slowed-down whaling
industry directly after the war. The result was a short-lived and somewhat obscure
protocol to which no primary information is available. However, since the United
States had both the conservation of whales and the protection of the whaling industry
in mind, at this 1944 conference, the US first proposed the establishment of a
permanent whaling commission that would provide recommendations on catch
quotas, whaling seasons, minimum lengths of whales or sanctuaries. In order for
such commission to come to life, however, short-lived protocols to the 1937
convention were not feasible and the need for a completely new regime emerged.
Before that, several countries, including the UK, Norway and the US, along with
Mexico, France and some Commonwealth governments, agreed on yet another
Protocol Amending The 1937 International Agreement For The Regulation Of
Whaling at a conference in November 1945, again in London. Once again, the
protocol was only applicable for one season, 1946/47, and did not establish a
permanent commission nor did it find means and ways for permanent measures for
the regulation of whaling. Even though the Bureau on Whaling Statistics was to be
provided with data, this did not provide the Bureau itself with any regulatory
competence.
Although the November conference resulted in a protocol, the United States were
not satisfied with such a temporary arrangement and further pushed for the idea of a
permanent commission. While originally the US idea was to create a regime which
allowed merely trade between its members, the invitations to a conference to be held
in December 1946, which were sent out to 18 nations, did not provide for any
indication that trade with non-members would be prohibited. The planned
5.2 The History of International Whaling Regulations
87