Georgia or Macquarie Island saw large-scale whale and seal hunts while also the
Southern Ocean itself was the hunting ground for large whales. Until recently,
Japanese research whaling targeted minke and fin whales in the Antarctic, which
led to court proceedings before the International Court of Justice (ICJ) (see Sect.
5.3.5).
Contrary to other regions of the world, the Antarctic is governed by a complex
array of different legal instruments. These instruments taken together are referred
to as the Antarctic Treaty System (ATS). The ATS essentially comprises three
treaties: the Antarctic Treaty (1959)
25 and its Protocol on Environmental Protection
to the Antarctic Treaty (1991) (Madrid Protocol)
26
; the Convention for the Conservation of Antarctic Seals (1972) (CCAS)
27 ; and the Convention on the Conservation
of Antarctic Marine Living Resources (1980) (CAMLR).
28 Additionally, the
recommendations adopted by the Antarctic Treaty Consultative Meeting feed into
the ATS. Inevitably, marine mammals play a role in theATS. While these treaties are
lumped together under the term ‘Antarctic Treaty System’, it is noteworthy that these
are all independent treaties with their own independent membership. This means that
countries can be party to one treaty, but not a party to another. New Zealand, for
example, has not signed the CCAS, but is nevertheless one of the forerunners in
Antarctic governance.
The ATS does not address marine mammals as a singular group of species, as the
existence of the CCAS proves. The reason for the different treatment of whales and
seals stems from the different histories of whaling and sealing in the Antarctic as
well as the different international legal regimes that regulate these activities. Antarctic whaling has been conducted for a long time and international attempts to regulate
whaling, i.e. the International Convention for the Regulation of Whaling, were in
place when the Antarctic Treaty was adopted. Antarctic sealing, on the other hand,
saw a sharp rise in the nineteenth century with drastic reductions of seal herds on the
sub-Antarctic islands, but the industry never took off in a long-lasting manner. Also
the international legal framework for sealing had not converged in one international
agreement (see Chap. 6). Therefore, the treatment of whales/whaling and seals/
sealing within the context of the ATS is different.
As regards whaling, the Antarctic Treaty itself is silent on any regulatory regimes
or organisations. We must remember that at the time of the treaty’s conclusion,
whaling was internationally still very much accepted and although the IWC had put
in place provisions to limit—or at least regulate—whaling internationally, the
Southern Ocean was the area in which all whaling nations participated in the
so-called ‘Whaling Olympics’ in order to reach maximum yields (see Sect. 5.3.3).
Only when the tides turned in the 1960s and 1970s, also the different members of the
25 Antarctic Treaty, 1 Dec 1959 (402 UNTS 71).
26 Protocol on Environmental Protection to the Antarctic Treaty, 4 Oct 1991 (30 ILM 1455).
27 Convention for the Conservation of Antarctic Seals, 1 June 1972 (11 ILM 251).
28 Convention on the Conservation of Antarctic Marine Living Resources, 20 May 1980 (1329
UNTS 48).
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4 The Global Framework for the Environment and Marine Mammals
Southern Ocean itself was the hunting ground for large whales. Until recently,
Japanese research whaling targeted minke and fin whales in the Antarctic, which
led to court proceedings before the International Court of Justice (ICJ) (see Sect.
5.3.5).
Contrary to other regions of the world, the Antarctic is governed by a complex
array of different legal instruments. These instruments taken together are referred
to as the Antarctic Treaty System (ATS). The ATS essentially comprises three
treaties: the Antarctic Treaty (1959)
25 and its Protocol on Environmental Protection
to the Antarctic Treaty (1991) (Madrid Protocol)
26
; the Convention for the Conservation of Antarctic Seals (1972) (CCAS)
27 ; and the Convention on the Conservation
of Antarctic Marine Living Resources (1980) (CAMLR).
28 Additionally, the
recommendations adopted by the Antarctic Treaty Consultative Meeting feed into
the ATS. Inevitably, marine mammals play a role in theATS. While these treaties are
lumped together under the term ‘Antarctic Treaty System’, it is noteworthy that these
are all independent treaties with their own independent membership. This means that
countries can be party to one treaty, but not a party to another. New Zealand, for
example, has not signed the CCAS, but is nevertheless one of the forerunners in
Antarctic governance.
The ATS does not address marine mammals as a singular group of species, as the
existence of the CCAS proves. The reason for the different treatment of whales and
seals stems from the different histories of whaling and sealing in the Antarctic as
well as the different international legal regimes that regulate these activities. Antarctic whaling has been conducted for a long time and international attempts to regulate
whaling, i.e. the International Convention for the Regulation of Whaling, were in
place when the Antarctic Treaty was adopted. Antarctic sealing, on the other hand,
saw a sharp rise in the nineteenth century with drastic reductions of seal herds on the
sub-Antarctic islands, but the industry never took off in a long-lasting manner. Also
the international legal framework for sealing had not converged in one international
agreement (see Chap. 6). Therefore, the treatment of whales/whaling and seals/
sealing within the context of the ATS is different.
As regards whaling, the Antarctic Treaty itself is silent on any regulatory regimes
or organisations. We must remember that at the time of the treaty’s conclusion,
whaling was internationally still very much accepted and although the IWC had put
in place provisions to limit—or at least regulate—whaling internationally, the
Southern Ocean was the area in which all whaling nations participated in the
so-called ‘Whaling Olympics’ in order to reach maximum yields (see Sect. 5.3.3).
Only when the tides turned in the 1960s and 1970s, also the different members of the
25 Antarctic Treaty, 1 Dec 1959 (402 UNTS 71).
26 Protocol on Environmental Protection to the Antarctic Treaty, 4 Oct 1991 (30 ILM 1455).
27 Convention for the Conservation of Antarctic Seals, 1 June 1972 (11 ILM 251).
28 Convention on the Conservation of Antarctic Marine Living Resources, 20 May 1980 (1329
UNTS 48).
74
4 The Global Framework for the Environment and Marine Mammals