Canada and whaling: an analysis of article 65 of the law of the sea convention
Abstract
Article 65 of the 1982 United Nations Convention on the Law of the Sea obligates states to cooperate with respect to conservation of marine mammals and, in particular, states are to work through the appropriate international organizations. The International Whaling Commission (IWC) is the principal international marine mammal organization. Following the permitted taking of two whales in the Canadian Arctic, the United States opined that, even though Canada was not a member of the IWC, Canada was obligated to adhere to the IWC whale moratorium because of Article 65. This article examines the relationship of Article 65 and the IWC and, more generally, the scope of the duty to cooperate in Article 65.
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The ICRW restricts whaling activity for all member states, even whaling that occurs within the state's 200-mile exclusive economic zone under UNCLOS.
“The ICRW restricts whaling activity for all member states, even whaling that occurs within the state's 200-mile exclusive economic zone under UNCLOS (McDorman, 1998).”
From Institutional navigation of oceans governance: Lessons from Russia and the United States Indigenous multi-level whaling governance in the Arctic (2022) · cites this paper as McDorman, 1998
Cites
Management by Totemization: Whale Symbolism and the Anti-Whaling Campaign
Kalland, A. (1993) · ARCTIC · doi:10.14430/arctic1333 · Cited by 64 · see citing works
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York, A. M., Zdor, E., BurnSilver, S., Degai, T., Monakhova, M., Isakova, S., Petrov, A. N., & Kempf, M. (2022) · Earth System Governance · doi:10.1016/j.esg.2022.100154 · Cited by 5 · see citing works
- Authors
- Mcdorman, T. L.
- Affiliations
- University of Victoria (CA)
- Corresponding author
- Mcdorman, Ted L.
- Venue
- Ocean Development & International Law
- Publisher
- Informa UK Limited
- Published
- 1998-01
- Volume
- 29
- Issue
- 2
- Pages
- 179-194
- ISSN
- 0090-8320 (ISSN-L)
- 1521-0642
- OpenAlex
- W1970842465
- Cited by
- 11
- References
- 1
- Citations by year
- 2024: 1 · 2023: 1 · 2022: 1 · 2021: 1 · 2017: 1 · 2014: 1 · 2013: 1 · 2012: 1
- FWCI
- 1.82
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Ocean Development & International Law (publishedVersion)
- Topics
- Physical Sciences › Environmental Science › Management, Monitoring, Policy and Law › International Maritime Law Issues
- Physical Sciences › Environmental Science › Management, Monitoring, Policy and Law › International Environmental Law and Policies
- Social Sciences › Political Science and International Relations › International Law and Human Rights
- Keywords
- Article 65, 1982 United Nations Convention on the Law of the Sea, International Whaling Commission, whaling moratorium, duty to cooperate, marine mammal conservation, Canada–United States relations, international organizations, whaling
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