might be motivated again to cooperate with other states on the sustainable use of
whales.
9.4
Scenario 3: A New Organisation Is Formed
A third scenario involved the formation of a new organisation. The driving force
behind this endeavour would be Japan, which would be interested in forming either a
regional or even a global organisation for the conservation and sustainable use of
whales (and other species). If the organisation were to be global, problematic in this
regard might be the overlapping competences of the IWC and the new organisation.
Therefore, it appears more reasonable to assume that if Japan were to motivate the
formation of a new organisation, this would be driven by the principle of sustainable
use of marine (and possibly other) resources. This could include the possibility for
all nations to be able to join. But since, as we have seen in Sect. 5.4, particularly
many nations have established de facto protected geographical and legal areas for
whales and other marine mammals, this new organisation might be open to nations
that are explicitly interested in the conservation and utilisation of marine mammals.
This might include Asian states such as China and South Korea, along with
Micronesian and Melanesian, Caribbean and African governments.
Since the new organisation would be global, it would be open for all states to join.
To further bolster the spirit of cooperation as stipulated in the UNCLOS, the
organisation would be open for observers—both governmental and
non-governmental. However, as is the case with NAMMCO, observers, particularly
non-governmental organisations, would have to adhere to a strict code of conduct
that ensures the smooth functioning of the organisation’s meetings. Decisions of the
organisation and within its potential sub-committees would be taken by consensus in
order to ensure that all member states are content with the decisions that are made.
Whether or not all member states would actively engage in whaling is, of course,
doubtful. However, the organisation might be relevant for the defence of the
principle of sustainable use of resources.
Yet, in order to enable this, all members of the organisation would have to lodge
formal reservations against the listing of marine mammal species under CITES. As
we have seen in Sect. 4.2.1, Palau has already done so and would therefore be able to
enter into a trade agreement with Japan on certain whale species.
9.4 Scenario 3: A New Organisation Is Formed
193
whales.
9.4
Scenario 3: A New Organisation Is Formed
A third scenario involved the formation of a new organisation. The driving force
behind this endeavour would be Japan, which would be interested in forming either a
regional or even a global organisation for the conservation and sustainable use of
whales (and other species). If the organisation were to be global, problematic in this
regard might be the overlapping competences of the IWC and the new organisation.
Therefore, it appears more reasonable to assume that if Japan were to motivate the
formation of a new organisation, this would be driven by the principle of sustainable
use of marine (and possibly other) resources. This could include the possibility for
all nations to be able to join. But since, as we have seen in Sect. 5.4, particularly
many nations have established de facto protected geographical and legal areas for
whales and other marine mammals, this new organisation might be open to nations
that are explicitly interested in the conservation and utilisation of marine mammals.
This might include Asian states such as China and South Korea, along with
Micronesian and Melanesian, Caribbean and African governments.
Since the new organisation would be global, it would be open for all states to join.
To further bolster the spirit of cooperation as stipulated in the UNCLOS, the
organisation would be open for observers—both governmental and
non-governmental. However, as is the case with NAMMCO, observers, particularly
non-governmental organisations, would have to adhere to a strict code of conduct
that ensures the smooth functioning of the organisation’s meetings. Decisions of the
organisation and within its potential sub-committees would be taken by consensus in
order to ensure that all member states are content with the decisions that are made.
Whether or not all member states would actively engage in whaling is, of course,
doubtful. However, the organisation might be relevant for the defence of the
principle of sustainable use of resources.
Yet, in order to enable this, all members of the organisation would have to lodge
formal reservations against the listing of marine mammal species under CITES. As
we have seen in Sect. 4.2.1, Palau has already done so and would therefore be able to
enter into a trade agreement with Japan on certain whale species.
9.4 Scenario 3: A New Organisation Is Formed
193