5.6
Summary and Conclusion
International law that has been designed specifically for whales is manifested in the
three agreements on whaling. The first Convention on the Regulation of Whaling
was concluded already in 1931 and was the first agreement that dealt exclusively
with the hunt for whales. It was concluded at a time when commercial whaling was
at full swing and states such as Norway, the UK or the United States were heavily
engaged in producing whale oil for the international market. Since at that time whale
populations had already been significantly depleted, the primary whaling states
agreed that an international agreement for the regulation of whaling is a necessity
in order for the whaling industry to continue operating profitably.
Even though the 1931 convention was rather revolutionary at that time, it did not
meet the expectations of the whaling parties. One reason was that it was also open for
states that had no immediate interest in whaling and which would undermine the
conservation efforts put forward by states that were in fact whaling. On the other, it
became clear that the regime was not able to deal with the special situation in the
Antarctic whale hunts, particularly concerning areas such as South Georgia. Therefore, under the leadership of the UK a second conference was convened in 1937 to
conclude the International Agreement on the Regulation of Whaling. The London
Agreement was only signed by a small number of states and with the outbreak of the
Second World War, regulatory efforts concerning whaling were made void. After all,
whales provided a valuable source of oil, which was needed for the war machinery.
Both the 1931 and 1937 regimes were neither signed or ratified by Japan, which was
an emerging commercial whaling nation at that time.
After the war, under the leadership of the United States, the issue of an international whaling regime was once again picked up and in November and December
1946 a conference, which included Japan, was convened in Washington, DC. While
the United States pressed for more conservation, other states, such as Japan, the
Netherlands or the traditional whaling states Norway and UK, aimed for sustainable
utilisation in order to ensure a thriving whaling industry. Under these premises the
International Whaling Commission was established. Over time, perception on
whaling, particularly in Western states, changed and public opinion increasingly
called for a cessation on commercial whaling. The United States was the first
government to impose a ban on all commercial marine mammal hunts through its
Marine Mammal Protection Act in 1972. But also on an international level, at the
1972 Stockholm Conference in the Human Environment, the call for a global
moratorium on commercial whaling was uttered.
In 1982 the IWC decided on a zero-catch quota for all whales which it has the
competence to regulate, to come into effect in the Antarctic whaling season 1985/86.
This so-called moratorium was to be temporary and subject to a review in 1990. It
must be emphasised that the hunt for toothed whales, except for the sperm whale, is
not affected by the moratorium since the IWC does not have competence to manage
small cetaceans. The Taiji dolphin drive or the Faroese pilot whale drive are thus not
internationally banned. Be that as it may, in order to make changes to the Schedule of
the Convention, which sets quotas, a three-quarter majority is necessary. Since at the
5.6 Summary and Conclusion
121
Summary and Conclusion
International law that has been designed specifically for whales is manifested in the
three agreements on whaling. The first Convention on the Regulation of Whaling
was concluded already in 1931 and was the first agreement that dealt exclusively
with the hunt for whales. It was concluded at a time when commercial whaling was
at full swing and states such as Norway, the UK or the United States were heavily
engaged in producing whale oil for the international market. Since at that time whale
populations had already been significantly depleted, the primary whaling states
agreed that an international agreement for the regulation of whaling is a necessity
in order for the whaling industry to continue operating profitably.
Even though the 1931 convention was rather revolutionary at that time, it did not
meet the expectations of the whaling parties. One reason was that it was also open for
states that had no immediate interest in whaling and which would undermine the
conservation efforts put forward by states that were in fact whaling. On the other, it
became clear that the regime was not able to deal with the special situation in the
Antarctic whale hunts, particularly concerning areas such as South Georgia. Therefore, under the leadership of the UK a second conference was convened in 1937 to
conclude the International Agreement on the Regulation of Whaling. The London
Agreement was only signed by a small number of states and with the outbreak of the
Second World War, regulatory efforts concerning whaling were made void. After all,
whales provided a valuable source of oil, which was needed for the war machinery.
Both the 1931 and 1937 regimes were neither signed or ratified by Japan, which was
an emerging commercial whaling nation at that time.
After the war, under the leadership of the United States, the issue of an international whaling regime was once again picked up and in November and December
1946 a conference, which included Japan, was convened in Washington, DC. While
the United States pressed for more conservation, other states, such as Japan, the
Netherlands or the traditional whaling states Norway and UK, aimed for sustainable
utilisation in order to ensure a thriving whaling industry. Under these premises the
International Whaling Commission was established. Over time, perception on
whaling, particularly in Western states, changed and public opinion increasingly
called for a cessation on commercial whaling. The United States was the first
government to impose a ban on all commercial marine mammal hunts through its
Marine Mammal Protection Act in 1972. But also on an international level, at the
1972 Stockholm Conference in the Human Environment, the call for a global
moratorium on commercial whaling was uttered.
In 1982 the IWC decided on a zero-catch quota for all whales which it has the
competence to regulate, to come into effect in the Antarctic whaling season 1985/86.
This so-called moratorium was to be temporary and subject to a review in 1990. It
must be emphasised that the hunt for toothed whales, except for the sperm whale, is
not affected by the moratorium since the IWC does not have competence to manage
small cetaceans. The Taiji dolphin drive or the Faroese pilot whale drive are thus not
internationally banned. Be that as it may, in order to make changes to the Schedule of
the Convention, which sets quotas, a three-quarter majority is necessary. Since at the
5.6 Summary and Conclusion
121