2007 Volume 37 Issue 1 Pages 263-276
This article analyses inter-linkage among regimes related to regulation of whaling and deliberates on the implications for Japanese whaling policy in the future. International regulation of whaling consists of not only the International Whaling Commission (IWC), but also the United Nations Convention on the Law of the Sea (UNCLOS), Convention on International Trade in Endangered Species of Wild Fauna and Flora CITES), and relevant regional regulatory regimes. This article shows that linkage between UNCLOS and IWC generated synergistic effect and further promoted another linkage between UNCLOS and North Atlantic Marine Mammal Commission (NAMMCO).
Based on the result of the analysis, the implications for whaling diplomacy of the government of Japan were derived. Since the adoption of a moratorium on commercial whaling in 1982, regulation of whaling under IWC emphasized protection of whale stocks, rather than utilization of the resource. Japan argued that such situation of IWC goes against the objective of the International Convention for the Regulation of Whaling. On that ground, Japanese delegation states that withdrawal from the IWC is an option. However, even if Japan withdraws from the IWC, it will not mean that Japan can resume commercial whaling at her own discretion.
In the case of withdrawal from IWC, how to fulfill the requirement of UNCLOS—to work through appropriate international organizations for conservation, management and study of cetaceans—will be a problem. Not only resumption of commercial whaling, but also the continuation of scientific whaling in Antarctic will raise the same problem. An option for appropriate international organization would be Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), although in-depth consideration of policy inter-linkage and compatibility between scientific activities under CCAMLR and scientific whaling is necessary.
JEL classification: Q22, Q28, R59
