The Future of International Marine
Mammal Law
9
9.1
Introduction
What we have noted throughout this book are two essential facets that characterise
international marine mammal law: first, it is extremely scattered; second, its controversial, adversarial nature. With Japan leaving the International Whaling Commission, a new era of whaling regulation has begun. Whether this will send ripple effects
through the legal landscape of marine mammal conservation efforts remains to be
seen. However, what it does show is that Japan—and possibly others—do not
consider the IWC a legitimate organisation anymore to represent the interests of
all its members. But where does this lead? In this chapter, I try to sketch a few
scenarios which might be a possibility in light of the current developments in
international marine mammal law. I am drawing from the existing literature and
from the foregoing chapters. My own view on different scenarios based on the above
will inevitably flow into this chapter. However, you may disagree with my assessment and I strongly encourage you to develop and communicate your own ideas as
regards the future of international marine mammal law.
9.2
Scenario 1: Same Old, Same Old
In this scenario, not much will change. Although Japan has left the International
Whaling Commission, the IWC will persist in its current form, may lose or gain
some members and will proceed on the trajectory towards a more conservationist
approach to whale management. Japan will remain an observer to the Commission
and will cooperate with its Scientific Committee, but since the IWC will retain, or
even strengthen, its no-use agenda of whales, Japan will not rejoin again. This would
also mean that Japan conducts commercial whaling within its own EEZ. Until 2020,
Japan will also conduct research whaling in the North Pacific, when, as the state of
affairs at the time of writing indicates, all Japanese research whaling is suspended.
Both types of whaling can hardly be legally challenged. On the one hand, since
# Springer Nature Switzerland AG 2020
N. Sellheim, International Marine Mammal Law,
https://doi.org/10.1007/978-3-030-35268-4_9
189
Mammal Law
9
9.1
Introduction
What we have noted throughout this book are two essential facets that characterise
international marine mammal law: first, it is extremely scattered; second, its controversial, adversarial nature. With Japan leaving the International Whaling Commission, a new era of whaling regulation has begun. Whether this will send ripple effects
through the legal landscape of marine mammal conservation efforts remains to be
seen. However, what it does show is that Japan—and possibly others—do not
consider the IWC a legitimate organisation anymore to represent the interests of
all its members. But where does this lead? In this chapter, I try to sketch a few
scenarios which might be a possibility in light of the current developments in
international marine mammal law. I am drawing from the existing literature and
from the foregoing chapters. My own view on different scenarios based on the above
will inevitably flow into this chapter. However, you may disagree with my assessment and I strongly encourage you to develop and communicate your own ideas as
regards the future of international marine mammal law.
9.2
Scenario 1: Same Old, Same Old
In this scenario, not much will change. Although Japan has left the International
Whaling Commission, the IWC will persist in its current form, may lose or gain
some members and will proceed on the trajectory towards a more conservationist
approach to whale management. Japan will remain an observer to the Commission
and will cooperate with its Scientific Committee, but since the IWC will retain, or
even strengthen, its no-use agenda of whales, Japan will not rejoin again. This would
also mean that Japan conducts commercial whaling within its own EEZ. Until 2020,
Japan will also conduct research whaling in the North Pacific, when, as the state of
affairs at the time of writing indicates, all Japanese research whaling is suspended.
Both types of whaling can hardly be legally challenged. On the one hand, since
# Springer Nature Switzerland AG 2020
N. Sellheim, International Marine Mammal Law,
https://doi.org/10.1007/978-3-030-35268-4_9
189