explored and colonised large parts of the world via international waterways. Since
seals were and are an abundant North Atlantic species and subject to large-scale
hunts, it is the North Atlantic which has seen the first multilateral agreement on
sealing—the Jan Mayen Sealing Treaty in 1875 (see Sect. 6.2). Whales, on the other
hand, have not been treated regionally until the conclusion of the CMS and its
Agreements. Instead, whaling states rather opted for global instruments to deal with
whales and whaling. Since polar bears and polar bear hunts did not and do not play a
major role in the North Atlantic region other than in Svalbard and Greenland, it is
only countries in the Arctic region that deal with polar bear issues (see Chap. 7).
Since this book deals with marine mammal regimes specifically, I will not delve
deeply into regimes that consider marine mammals merely in passing. Meaning,
although those regimes, for example fisheries regimes and regimes for the protection
of the marine environment, are also relevant for marine mammals, they are not
exclusively focusing on them since their existence is rooted in a different purpose.
One of the most influential organisations in this regard is the International Council
for the Exploration of the Sea (ICES). ICES is the oldest maritime organisation in
the world and was already established 1902. While primarily concerned with
scientific cooperation in the North Atlantic, ICES is an organisation which is open
to all states adjacent to the Baltic and North Seas. Since the organisation is sciencebased, it does not have a regulatory purpose, but rather advises governments and
other organisations regarding marine management. Inevitably, also marine mammals
play a role and the ICES Working Group on Marine Mammal Ecology (WGMME)
provides this advice on marine mammals. In this sense, the WGMME and ICES are
not directly involved in the application of marine mammal relevant laws, but they are
relevant for the shaping of rules. For instance, management decisions taken by
NAMMCO also derive from the close cooperation between these organisations.
Similarly, ICES works together with fisheries regimes, such as the North Atlantic
Fisheries Organization (NAFO). Together with NAFO, ICES therefore influences
domestic decisions regarding marine resource extraction as well as in collaboration
with the members of the respective organisation. This was particularly relevant prior
to the establishment of the EEZs in the 1970s when NAFO’s predecessor, the
International Commission for the Northwest Atlantic Fisheries (ICNAF), also set
quotas concerning sealing in waters beyond the territorial sea. Here, scientific
findings on seals as a species in the Northwest Atlantic marine ecosystem translated
directly into management decisions.
While that may be so, the year 1992 was a crucial year for the management and
the protection of marine mammals in the North Atlantic. In April 1992, the Agreement on Cooperation in Research, Conservation and Management of Marine
Mammals in the North Atlantic (NAMMCO Agreement)
21 was adopted,
establishing NAMMCO. The NAMMCO Agreement is rather unique in international environmental law since it was concluded between Iceland and Norway, as
21 Agreement on Cooperation in Research, Conservation and Management of Marine Mammals in
the North Atlantic, 9 Apr 1992.
4.3 Regional Regimes
71
seals were and are an abundant North Atlantic species and subject to large-scale
hunts, it is the North Atlantic which has seen the first multilateral agreement on
sealing—the Jan Mayen Sealing Treaty in 1875 (see Sect. 6.2). Whales, on the other
hand, have not been treated regionally until the conclusion of the CMS and its
Agreements. Instead, whaling states rather opted for global instruments to deal with
whales and whaling. Since polar bears and polar bear hunts did not and do not play a
major role in the North Atlantic region other than in Svalbard and Greenland, it is
only countries in the Arctic region that deal with polar bear issues (see Chap. 7).
Since this book deals with marine mammal regimes specifically, I will not delve
deeply into regimes that consider marine mammals merely in passing. Meaning,
although those regimes, for example fisheries regimes and regimes for the protection
of the marine environment, are also relevant for marine mammals, they are not
exclusively focusing on them since their existence is rooted in a different purpose.
One of the most influential organisations in this regard is the International Council
for the Exploration of the Sea (ICES). ICES is the oldest maritime organisation in
the world and was already established 1902. While primarily concerned with
scientific cooperation in the North Atlantic, ICES is an organisation which is open
to all states adjacent to the Baltic and North Seas. Since the organisation is sciencebased, it does not have a regulatory purpose, but rather advises governments and
other organisations regarding marine management. Inevitably, also marine mammals
play a role and the ICES Working Group on Marine Mammal Ecology (WGMME)
provides this advice on marine mammals. In this sense, the WGMME and ICES are
not directly involved in the application of marine mammal relevant laws, but they are
relevant for the shaping of rules. For instance, management decisions taken by
NAMMCO also derive from the close cooperation between these organisations.
Similarly, ICES works together with fisheries regimes, such as the North Atlantic
Fisheries Organization (NAFO). Together with NAFO, ICES therefore influences
domestic decisions regarding marine resource extraction as well as in collaboration
with the members of the respective organisation. This was particularly relevant prior
to the establishment of the EEZs in the 1970s when NAFO’s predecessor, the
International Commission for the Northwest Atlantic Fisheries (ICNAF), also set
quotas concerning sealing in waters beyond the territorial sea. Here, scientific
findings on seals as a species in the Northwest Atlantic marine ecosystem translated
directly into management decisions.
While that may be so, the year 1992 was a crucial year for the management and
the protection of marine mammals in the North Atlantic. In April 1992, the Agreement on Cooperation in Research, Conservation and Management of Marine
Mammals in the North Atlantic (NAMMCO Agreement)
21 was adopted,
establishing NAMMCO. The NAMMCO Agreement is rather unique in international environmental law since it was concluded between Iceland and Norway, as
21 Agreement on Cooperation in Research, Conservation and Management of Marine Mammals in
the North Atlantic, 9 Apr 1992.
4.3 Regional Regimes
71