The Global Framework for the Environment
and Marine Mammals
4
4.1
Introduction
In this chapter we will explore how the international community has been dealing
with marine mammals and what multilateral regimes of relevance for marine mammal conservation exist. Broadly speaking, these fall within the realm of international
environmental law and, to a lesser degree, the law of the sea. This is to say that their
primary objective is the conservation (and from the outset sustainable use) of
biodiversity through the protection and management of specific species. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) from 1973, the Convention on Migratory Species of Wild Animals (CMS)
or the Convention on the Conservation of European Wildlife and Habitats (Bern
Convention) both from 1979 are such examples. Moreover, we will get to know the
Law of the Sea Convention, which treats marine mammals in a special manner.
Therefore, the following pages introduce the global framework for the conservation of the environment and the role marine mammals play in these regimes. While
we will get to know several global agreements for the regulation of the global
commons as well as for the conservation and sustainable use of biodiversity, we
will also delve into regional agreements in which marine mammals play a role.
Lastly, we look into a common strategy for marine conservation: the establishment
of marine protected areas (MPA) and their (potential) efficiency for conservation and
their (potential) impact on marine resource use.
4.2
Global Regimes of Relevance
Marine mammals have for more than a century played a role in international
cooperation, particularly in regard to seals (see Chap. 6). But apart from this
species-based approach, international cooperation has furthermore considered
marine mammals in other regimes, particularly following the emergence of the
global environmental movement during the 1960s. It therefore does not come as a
# Springer Nature Switzerland AG 2020
N. Sellheim, International Marine Mammal Law,
https://doi.org/10.1007/978-3-030-35268-4_4
57
and Marine Mammals
4
4.1
Introduction
In this chapter we will explore how the international community has been dealing
with marine mammals and what multilateral regimes of relevance for marine mammal conservation exist. Broadly speaking, these fall within the realm of international
environmental law and, to a lesser degree, the law of the sea. This is to say that their
primary objective is the conservation (and from the outset sustainable use) of
biodiversity through the protection and management of specific species. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) from 1973, the Convention on Migratory Species of Wild Animals (CMS)
or the Convention on the Conservation of European Wildlife and Habitats (Bern
Convention) both from 1979 are such examples. Moreover, we will get to know the
Law of the Sea Convention, which treats marine mammals in a special manner.
Therefore, the following pages introduce the global framework for the conservation of the environment and the role marine mammals play in these regimes. While
we will get to know several global agreements for the regulation of the global
commons as well as for the conservation and sustainable use of biodiversity, we
will also delve into regional agreements in which marine mammals play a role.
Lastly, we look into a common strategy for marine conservation: the establishment
of marine protected areas (MPA) and their (potential) efficiency for conservation and
their (potential) impact on marine resource use.
4.2
Global Regimes of Relevance
Marine mammals have for more than a century played a role in international
cooperation, particularly in regard to seals (see Chap. 6). But apart from this
species-based approach, international cooperation has furthermore considered
marine mammals in other regimes, particularly following the emergence of the
global environmental movement during the 1960s. It therefore does not come as a
# Springer Nature Switzerland AG 2020
N. Sellheim, International Marine Mammal Law,
https://doi.org/10.1007/978-3-030-35268-4_4
57