their right to opt-out. Second, under IWC rules ‘whaling’ as such has not been placed
under a moratorium, but merely commercial whaling. As we will see, whaling for
scientific purposes as well as whaling carried out by indigenous populations can still
be pursued. Third, it is not ‘whales’ as an all-encompassing super species, which the
IWC has protected, but rather those whale species falling under its purview. We will
get to know those in Chap. 4. This means, that other whale species, those that are not
dealt with by the International Whaling Commission, are by no means protected by
the moratorium. These few lines, with rather little effort already demonstrate the crux
of the issue: while there seems to be a social consensus on specific issues relating to
marine mammals in some parts of the world, the legal circumstances are significantly
more nuanced. Especially those not familiar with these legal aspects enter a slippery
slope when arguing about legal issues surrounding marine mammals. Seemingly
simple contexts are indeed complex legal situations.
This book aims to shed light on these complex situations by providing an account
of the legal and cultural environments of international marine mammal law. You, the
reader, will be able to familiarise yourself with many of the species in question and
with the cultural elements associated with marine mammals in different parts of the
world. I have researched the issues of marine mammals in Arctic and non-Arctic
contexts for several years now and have conducted field research in the seal hunts in
Canada and in the whale and dolphin hunts in Japan. Moreover, I have attended
meetings of the International Whaling Commission as an observer. Even though I
hold a doctorate in law, my research has always been linked with empirical data.
This book is no exception. You will not only find law-paragraphs here, but instead
the book is systematically infused with data collected from all over the world. After
all, marine mammals are species that can be found all over the planet. Reading this
book might contribute to you, the reader, appreciate the species themselves and the
people that have interacted with them for centuries and even millennia. It is my view
that this introduction to the world’s legal regimes that regulate their protection,
ensure their conservation and enable their utilisation appears to be a necessary step
for us all to understand these creatures and their role in human societies a bit better.
1.2
The Structure of the Book
The following chapters provide you with some rather diverse information on the
legal environment concerning marine mammals. Since it is my intention to take the
issue beyond the confines of the academic world, I have abstained from providing
references to each claim I make and therefore the book is rather a textbook than a
‘traditional’ scholarly volume. The reason for this is that this book is intended for a
broader audience and an uninterrupted flow of reading. A ‘massgrave of
footnotes’—a quite fitting term by my former professor Jaakko Husa (University
of Helsinki)—will not be part of this book. Instead, I have maintained an uninterrupted narrative. That being said, at the end of each chapter you will find the
References-section in which I have provided literature that I have drawn from or
2
1 Why an Introduction to International Marine Mammal Law?
under a moratorium, but merely commercial whaling. As we will see, whaling for
scientific purposes as well as whaling carried out by indigenous populations can still
be pursued. Third, it is not ‘whales’ as an all-encompassing super species, which the
IWC has protected, but rather those whale species falling under its purview. We will
get to know those in Chap. 4. This means, that other whale species, those that are not
dealt with by the International Whaling Commission, are by no means protected by
the moratorium. These few lines, with rather little effort already demonstrate the crux
of the issue: while there seems to be a social consensus on specific issues relating to
marine mammals in some parts of the world, the legal circumstances are significantly
more nuanced. Especially those not familiar with these legal aspects enter a slippery
slope when arguing about legal issues surrounding marine mammals. Seemingly
simple contexts are indeed complex legal situations.
This book aims to shed light on these complex situations by providing an account
of the legal and cultural environments of international marine mammal law. You, the
reader, will be able to familiarise yourself with many of the species in question and
with the cultural elements associated with marine mammals in different parts of the
world. I have researched the issues of marine mammals in Arctic and non-Arctic
contexts for several years now and have conducted field research in the seal hunts in
Canada and in the whale and dolphin hunts in Japan. Moreover, I have attended
meetings of the International Whaling Commission as an observer. Even though I
hold a doctorate in law, my research has always been linked with empirical data.
This book is no exception. You will not only find law-paragraphs here, but instead
the book is systematically infused with data collected from all over the world. After
all, marine mammals are species that can be found all over the planet. Reading this
book might contribute to you, the reader, appreciate the species themselves and the
people that have interacted with them for centuries and even millennia. It is my view
that this introduction to the world’s legal regimes that regulate their protection,
ensure their conservation and enable their utilisation appears to be a necessary step
for us all to understand these creatures and their role in human societies a bit better.
1.2
The Structure of the Book
The following chapters provide you with some rather diverse information on the
legal environment concerning marine mammals. Since it is my intention to take the
issue beyond the confines of the academic world, I have abstained from providing
references to each claim I make and therefore the book is rather a textbook than a
‘traditional’ scholarly volume. The reason for this is that this book is intended for a
broader audience and an uninterrupted flow of reading. A ‘massgrave of
footnotes’—a quite fitting term by my former professor Jaakko Husa (University
of Helsinki)—will not be part of this book. Instead, I have maintained an uninterrupted narrative. That being said, at the end of each chapter you will find the
References-section in which I have provided literature that I have drawn from or
2
1 Why an Introduction to International Marine Mammal Law?