Culture Clashes: Aboriginal Subsistence Whaling and Whaling Welfare

Probably not a substantial claim: may not pass S4 (based).

The right to whaling for Indigenous peoples forms part of their cultural rights as an expression of cultural diversity.

“However, the right to whaling for Indigenous peoples forms part of their cultural rights as an expression of cultural diversity.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The legal recognition of humane killing of whales as a general principle of international law implies that whaling must be prohibited because of the cruel nature of whaling and the impossibility of conducting humane whaling operations.

“The convergence upon a legal recognition of the humane killing of whales as a general principle of international law implies that whaling must be prohibited, because of the cruel nature thereof and the impossibility of conducting humane whaling operations.”

• cites [1]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

ASW has a conservation component and should not result in the extinction of whale populations.

“This provision makes it clear that ASW has a conservation component and that it should not result in the extinction of whale populations.”

• cites [7]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The IWC objectives for ASW management are to maintain hunted whale populations at healthy levels and to enable native people to hunt whales at levels appropriate to cultural and nutritional requirements in the long term.

“The International Whaling Commission (IWC) objectives for the management of ASW are to ensure that 'hunted whale populations are maintained at (or brought back to) healthy levels, and to enable native people to hunt whales at levels that are appropriate to cultural and nutritional requirements in the long term.'”

• cites [7]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

A prohibition on commercial whaling based on the impossibility of humane killing implies that the same fate should befall ASW.

“Thus, a prohibition on commercial whaling based on the impossibility of humane killing implies that the same fate should befall ASW.”

May combine two claims.

Traditional killing methods used in ASW are even less accurate, resulting in longer times to death (TTD), lower instantaneous death rates (IDRs), as well as higher 'struck and lost' rates.

“Traditional killing methods used in ASW are even less accurate, resulting in longer times to death (TTD), lower instantaneous death rates (IDRs), as well as higher 'struck and lost' rates.”

• cites [35]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

Tourism operations will provide outsiders with insights into the valuable cultural practices and authentic aboriginal knowledge.

“Tourism operations will provide outsiders with insights into the valuable cultural practices and authentic aboriginal knowledge.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Culture is not static and a move towards non-lethal utilisation may be facilitated by its dynamic nature.

“I argue that culture is not static and that a move towards non-lethal utilisation may be facilitated by the dynamic nature thereof.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Significant scientific (empirical) evidence exists concerning the cruel manner of whaling, the long periods of suffering until time of death, and the cognitive capacity of whales.

“In the case of whales, significant scientific (empirical) evidence exists concerning the cruel manner of whaling, the long periods of suffering until time of death, the cognitive capacity of whales, and so on.”

Probably not a substantial claim: may not pass S2 (checkable).

The transition to non-lethal aboriginal whaling requires a process of progressive realisation with the full participation of Indigenous peoples.

“The transition to non-lethal aboriginal whaling requires a process of progressive realisation with the full participation of Indigenous peoples.81”

• cites [81]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The majority of countries in the world agree that animals matter, and they have anti-cruelty legislation to protect the interests of animals.

“The majority of countries in the world agree that animals matter, and they have anti-cruelty legislation to protect the interests of animals.”

• cites [42]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

The qualitative measure of interpretation of whaling may offer a potential solution for reconciling the cultural right to whaling of aborigines and the general principles of animal welfare as expressed through humane killing in the IWC.

“It is the qualitative measure of interpretation of whaling that may offer a potential solution for the reconciliation of the cultural right to whaling of aborigines and the general principles of animal welfare as expressed through humane killing in the ICW.”

May combine two claims.

The lethal cultural practice of whaling will have a detrimental impact on the cultural reverence for the spiritual worth of whales, as this reverence is not linked to a specific territory but rather the conscience of the Māori.

“The lethal cultural practice of whaling will have a detrimental impact on the cultural reverence for the spiritual worth of whales, as this reverence is not linked to a specific territory but rather the conscience of the Māori.”

• cites [46]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Commercial humane whaling is impossible and aboriginal whaling is usually crueller.

“my argument that (commercial) humane whaling is impossible and aboriginal whaling is usually crueller.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

The suffering of whales is relevant and not relative.

“I challenge recourse to cultural relativism and indicate that the suffering of whales is relevant and not relative.”

Probably not a substantial claim: may not pass S2 (checkable).

The right to culture must be viewed in context.

“As such, the right to culture must be viewed in context.70”

• cites [70]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

ASW falls outside the scope of the moratorium and therefore perpetuates whaling.

“ASW falls outside the scope of the moratorium and, therefore, perpetuates whaling.”

Classified as probably not a substantial claim.

The right to culture of Indigenous peoples should not be understood to mean that the traditional way of life must be preserved intact at all costs.

“In the words of Nisuke Ando, the right to culture of Indigenous peoples should not be understood to mean that 'the traditional way of life must be preserved intact at all costs.' 72”

• cites [72]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

Whales suffer from hunting.

“On the other hand, at stake are the welfare interests of whales, who suffer from hunting.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Culture is not a static concept but may evolve.

“culture is not a static concept but may evolve.66”

• cites [66]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Even if elements of cultural identity are lost through a prohibition on whaling, cultural diversity is not valuable at all cost because if some cultures are defined fundamentally in terms of causing serious harm to others-and whaling is a serious infliction of harm-then the loss of such cultures cannot sensibly be considered regrettable in itself.

“It is also important to remember that even if elements of cultural identity are lost through a prohibition on whaling, cultural diversity is not valuable at all cost because '[i]f some cultures are defined fundamentally in terms of causing serious harm to others-and whaling is a serious infliction of harm-then the loss of such cultures cannot sensibly be considered regrettable in itself.' 73”

• cites [73]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

The danger exists that the advocacy against ASW could be used for bashing the Indigenous practices of hunting whales and eating whale meat as a means to perpetuate racial hierarchies.

“The danger exists that the advocacy against ASW could be used for bashing the Indigenous practices of hunting whales and eating whale meat as a means to perpetuate racial hierarchies.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

It is not unthinkable that the non-lethal use of whales in accordance with the precautionary principle could have health benefits for aborigines in the long term.

“Hence, it is not unthinkable that the non-lethal use of whales in accordance with the precautionary principle could have health benefits for aborigines in the long term.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The IWC does not define 'aborigines,' but precedent and practice indicate that the term refers to native or Indigenous peoples.

“The IWC does not include a definition of 'aborigines,' but precedent and practice indicate that the term refers to native or Indigenous peoples.”

• cites [12]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Dissident views concerning the importance of whale welfare exist not only between Indigenous groups but even within tribes.

“It is not only between Indigenous groups that dissident views exist concerning the importance of whale welfare, but it is even evident within tribes.”

Classified as probably not a substantial claim. May combine two claims.

Garner challenges the moral relativism that underlies the relationship between whale hunting and cultural diversity as an argument for ASW, as well as arguments for commercial whaling by nations such as Japan and Norway.

“Garner challenges the (moral) relativism that underlies the relationship between whale hunting and cultural diversity as an argument for ASW, as well as arguments for commercial whaling by nations such as Japan and Norway.”

• cites GarnerNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Moving towards a non-lethal right to whaling for aborigines recognises the authentic cultural basis for the right and promotes cultural diversity through alternative (non-lethal) mechanisms, which can recognise the welfare interests of whales.

“Thus, moving towards a non-lethal right to whaling for aborigines recognises the authentic cultural basis for the right and promotes cultural diversity through alternative (non-lethal) mechanisms, which can recognise the welfare interests of whales.”

Classified as probably not a substantial claim.

The Human Rights Committee recognises that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially for indigenous peoples, which may include traditional activities such as fishing or hunting.

“The Human Rights Committee recognises that concerning rights protected under Article 27, 'culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples, ' which may include 'traditional activities as fishing or hunting.'”

• cites [16]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

It seems that resorting to whale watching may have been more lucrative.

“It seems that resorting to whale watching may have been more lucrative.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The hunting of whales in one jurisdiction will influence the whale population in other jurisdictions.

“Furthermore, whales are migratory species, and the hunting of whales in one jurisdiction will influence the whale population in other jurisdictions.”

• AssumptionRests on an assumption: Whales are migratory species.

May combine two claims.

Article 25 of the UN Declaration on the Rights of Indigenous Peoples recognises their right to maintain their spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations.

“In this vein, Article 25 recognises their right to maintain their 'spiritual relationship' with their 'traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.'”

• cites [21]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The treaty signed between the Maa-Nulth and Canadian and British Columbia governments exemplifies a reconciliatory approach to the dilemma, as the Indigenous groups waived their rights to whaling while monetary reparations and redress were pursued and whales protected.

“The treaty signed between the Maa-Nulth and Canadian and British Columbia governments exemplifies a reconciliatory approach to the dilemma.The agreement pursued monetary reparations and redress while also protecting whales, as the Indigenous groups waived their rights to whaling.79”

• cites [79]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

The proposal to move towards the non-lethal utilisation of whaling in the case of Indigenous peoples seems to be a logical legal step, as cultural relativism is not tenable in the face of the global consensus concerning the acceptance of humane killing for whaling.

“The proposal to move towards the non-lethal utilisation of whaling in the case of Indigenous peoples seems to be a logical legal step, as cultural relativism is not tenable in the face of the global consensus concerning the acceptance of humane killing for whaling.”

• AssumptionRests on an assumption: There is a global consensus concerning the acceptance of humane killing for whaling.

Probably not a substantial claim: may not pass S2 (checkable).

The fact that a specific culture views whaling as ethically acceptable does not make it so.

“Garner points to the fact that a specific culture views whaling as ethically acceptable does not make it so.”

• cites GarnerNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Whaling is a cultural right and a manifestation of cultural diversity.

“However, whaling is a cultural right and a manifestation of cultural diversity.”

May combine two claims.

The claims of St Vincent and the Grenadines to ASW are an awkward anomaly as it is not conducted by aboriginal people, and it does not have a long and unbroken history of subsistence hunting associated with longstanding cultural traditions.

“The claims of St Vincent and the Grenadines to ASW are an awkward anomaly as it is not conducted by aboriginal people, and it does not have a long and unbroken history of subsistence hunting associated with longstanding cultural traditions.78”

• cites [78]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

ASW constitutes a cultural right to whaling, which is part of the right to cultural diversity of Indigenous peoples who have been subjugated to colonialism and oppression.

“ASW constitutes a cultural right to whaling, which is part of the right to cultural diversity of Indigenous peoples who have been subjugated to colonialism and oppression.”

• AssumptionRests on an assumption: Indigenous peoples have been subjugated to colonialism and oppression.

May combine two claims.

Indigenous rights are extensive but not absolute.

“Thus, it is important to recognise that Indigenous rights are extensive, but not absolute.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Hunters could be compensated for their knowledge about whales through the fund.

“Hunters could be compensated for their knowledge about whales through the fund.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based). May combine two claims.

Culture is neither absolute nor neutral, and yearning for a vision of idealism in the form of a cultural practice is contrafactual.

“Culture is neither absolute nor neutral, and yearning for a vision of idealism in the form of a cultural practice is contrafactual.”

May combine two claims.

Indigenous peoples have a distinct collective spiritual relationship to their land and a dependence on their natural resources, which international law protects through a comprehensive normative framework.

“Indigenous peoples have a distinct collective spiritual relationship to their land and a dependence on their natural resources, which international law protects through a comprehensive normative framework.”

• cites [15]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The fund aims to assist subsistence hunters in achieving compliance with IWC measures, such as hunter safety, reporting processes and weapons improvement programmes.

“The fund aims to assist subsistence hunters in achieving compliance with IWC measures, such as hunter safety, reporting processes and weapons improvement programmes.”

• cites [62]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The significance of wild animal welfare in international environmental law has gained considerable traction, especially concerning whales due to their status as charismatic megafauna.

“The significance of wild animal welfare in international environmental law has gained considerable traction, especially concerning whales due to their status as charismatic megafauna.”

• cites [9]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Avoiding colonial or hegemonic dynamics should not justify the toleration of cultural claims supporting the suffering of whales.

“However, avoiding colonial or hegemonic dynamics should not justify the toleration of cultural claims supporting the suffering of whales.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The UN Declaration on the Rights of Indigenous Peoples recognises that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment.

“In 2007, the UN General Assembly adopted the non-binding UN Declaration on the Rights of Indigenous peoples, which recognises that 'respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment.'”

• cites [20]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Funds have been donated to improve the welfare aspects of hunts, which implies that advancing the non-lethal utilisation of whales will not be alien to the nature and purpose of the initiative.

“Funds have been donated to improve the welfare aspects of hunts, which implies that advancing the non-lethal utilisation of whales will not be alien to the nature and purpose of the initiative.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The proposed non-lethal use of whales may have differential impacts on the respective Aboriginal communities.

“The proposed non-lethal use of whales may have differential impacts on the respective Aboriginal communities.”

May combine two claims.

Jack Donnelly's analysis indicates that both unrestricted relativism and unrestricted universalism are inappropriate, and finding an intermediate position requires a consideration of the levels and types of cultural relativism.

“Jack Donnelly's analysis of relativism and universalism is relevant, as it indicates that both unrestricted relativism and unrestricted universalism are inappropriate, and finding an intermediate position requires a consideration of the levels and types of cultural relativism.”

• cites DonnellyNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Changing an element of cultural life, such as the lethal hunting of whales, will not disintegrate their culture; it would be possible to change the cultural practice to non-lethal whale watching and flourish in terms of their cultural community in a new format.

“I disagree with the view that changing an element of cultural life, such as the lethal hunting of whales, will disintegrate their culture, as it would be possible to change the cultural practice to non-lethal whale watching and flourish in terms of their cultural community in a new format.”

May combine two claims.

Embedded in the argument of cultural relativism is the assumption either that whales cannot suffer or that their suffering is inconsequential.

“However, as Garner argues, the situation is more complex, as embedded in the argument of cultural relativism is the assumption either that whales cannot suffer or that their suffering is inconsequential.”

• cites GarnerNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

It is possible to repurpose the Voluntary Fund for Aboriginal Subsistence Whaling to assist aboriginal communities to transform to new non-lethal practices via financial and technical support.

“It is possible to repurpose the Voluntary Fund for Aboriginal Subsistence Whaling to assist aboriginal communities to transform to new non-lethal lethal practices via financial and technical support.”

May combine two claims.

Some elders of the Makah tribe supported whale-based tourism rather than hunting, and they were harassed and ostracised by the tribe.

“Some elders of the Makah tribe, for example, supported whale-based tourism rather than hunting, and they were harassed and ostracised by the tribe.”

• cites [47]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The focus on aboriginal whaling has the potential to be racialised in the sense that Indigenous cultures may be seen as barbaric or backwards while Western cultures are civilised and humane.

“Kymlicka and Donaldson point to the fact that the focus on aboriginal whaling has the potential to be racialised in the sense that Indigenous cultures may be seen as barbaric or backwards while Western cultures are civilised and humane.75”

• cites [75]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A strong form of relativism concerning ASW may be addressed by recourse to a qualitative measure of interpretation, which may open the possibility for non-lethal ASW in the form of whale watching.

“Based on an analysis of relativism, I argue that a strong form of relativism concerning ASW may be addressed by recourse to a qualitative measure of interpretation, which may open the possibility for non-lethal ASW in the form of whale watching.”

Classified as probably not a substantial claim.

The cultural right to whaling may be interpreted to allow for the non-lethal utilisation of whales through whale-watching operations led by aborigines.

“The cultural right to whaling may be interpreted to allow for the non-lethal utilisation of whales through whale-watching operations led by aborigines.”

• cites [60]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Donnelly states that, as a general rule, the more 'important' a practice, the greater the force of internal standards, which can be overridden only by particularly strong external judgments.

“Donnelly states that, as a general rule, 'the more”

• cites DonnellyNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Article 15(1)(a) of the ICESCR recognises the right of everyone to take part in cultural life.

“Article 15(1)(a) of the International Covenant on Economic and Social Rights (ICESCR) also recognises the right of everyone to take part in cultural life.”

• cites [17]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Recourse to modern whaling methods during aboriginal hunts may improve the welfare aspects of the hunt, but even the potential improvement may imply moving from a very dreadful situation to a dreadful situation.

“recourse to modern whaling methods during aboriginal hunts may improve the welfare aspects of the hunt, but even the potential improvement may imply moving from a very dreadful situation to a dreadful situation.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

The advocacy towards the non-lethal utilisation of whales does not need to amount to a form of imperialism or colonialism against Indigenous hunters, but can be synonymous with 'a general counter-hegemonic ethic aimed at non-violence against and compassion and justice for humans and animals both.'

“The advocacy towards the non-lethal utilisation of whales does not need to amount to a form of imperialism or colonialism against Indigenous hunters, but can be synonymous with 'a general counter-hegemonic ethic aimed at non-violence against and compassion and justice for humans and animals both.' 85”

• cites [85]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

My view is compatible with the need to respect cultural diversity and cultural integrity, but it is also based on the premise that ethnocentrism is immoral.

“My view is compatible with the need to respect cultural diversity and cultural integrity, but it is also based on the premise that ethnocentrism is immoral.”

Probably not a substantial claim: may not pass S4 (based).

The convergence of a principle of humane treatment (and killing) of whales in international law, by Article 31(3)(c) of the Vienna Convention on the Law of Treaties, affirms that the killing methods may not be dealt with in isolation from welfare issues.

“The convergence of a principle of humane treatment (and killing) of whales in international law, by Article 31(3)(c) of the Vienna Convention on the Law of Treaties, affirms that the killing methods may not be dealt with in isolation from welfare issues.”

Probably not a substantial claim: may not pass S2 (checkable).

Conservation measures may not ignore the welfare interests of whales.

“Conservation measures may not ignore the welfare interests of whales.”

Probably not a substantial claim: may not pass S2 (checkable).

It is important to ensure that the voices of Indigenous hunters are considered in the process of moving away from the lethal utilisation of whales.

“Hence, it is important to ensure that the voices of Indigenous hunters are considered in the process of moving away from the lethal utilisation of whales.”

Probably not a substantial claim: may not pass S2 (checkable).

The exceptional nature of whales and the horrific nature of whale hunting present fertile ground for the development of a progressive normative framework that could end whaling in all its forms.

“Thus, the exceptional nature of whales and the horrific nature of whale hunting present fertile ground for the development of a progressive normative framework that could end whaling in all its forms.”

Classified as probably not a substantial claim.

The exceptionality of cetaceans forms the basis for the view that we should think of cetaceans as the 'people of the sea.'

“The exceptionality of cetaceans forms the basis for the view that we should think of cetaceans as the 'people of the sea.' 88”

• cites [88]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The recognition that aboriginal whaling may not be justified as an exception to the converging norm of humane killing lends strength to the crystallisation of a universal norm of prohibiting whale hunting in any form.

“However, the recognition that aboriginal whaling may not be justified as an exception to the converging norm of humane killing lends strength to the crystallisation of a universal norm of prohibiting whale hunting in any form.”

Probably not a substantial claim: may not pass S2 (checkable).

It is difficult, or rather impossible, to view cultural diversity as a justification for aboriginal whaling in contravention of the universal acceptance of the humane killing of animals, in this instance, whales.

“Rather, it is difficult, or rather impossible, to view cultural diversity as a justification for aboriginal whaling in contravention of the universal acceptance of the humane killing of animals, in this instance, whales.87”

• cites [87]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

FPIC as a minimum requires that states consult with Indigenous peoples in a meaningful, genuine and appropriate manner.

“FPIC as a minimum requires that states consult with Indigenous peoples in a meaningful, genuine and appropriate manner.”

• cites [82]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Moral relativism based on the aboriginal cultural practice of whale hunting does not stand up to rigorous scrutiny, as it does not justify an exception to the universal nature of the humane treatment of whales.

“My exposition affirms that moral relativism based on the aboriginal cultural practice of whale hunting does not stand up to rigorous scrutiny, as it does not justify an exception to the universal nature of the humane treatment of whales.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Decisions that affect Indigenous peoples and where they do not provide their consent will require rigorous legal justification.

“However, decisions that affect Indigenous peoples and where they do not provide their consent will require rigorous legal justification.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Dr Harry Lillie argues that whales 'scream' during a whale hunt, as scientists have observed that harpooned whales change their 'characteristic whistle' to a 'low monotone.'

“In the context of Dr Harry Lillie's graphical description of whaling, he argues that whales 'scream' during a whale hunt, as scientists have observed that harpooned whales change their 'characteristic whistle' to a 'low monotone.' 91”

• cites [91]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

Even in the unlikely event that a three-fourths majority of votes are indeed cast as prescribed in Article III(2), the objection procedure in Article V(3) may provide whaling nations with the opportunity to ensure that amendments do not apply to them.

“Even in the unlikely event that a three-fourths majority of votes are indeed cast as prescribed in Article III(2), the objection procedure in Article V(3) may provide whaling nations with the opportunity to ensure that amendments do not apply to them.”

Probably not a substantial claim: may not pass S3 (load-bearing).

In relation to the non-lethal utilization of whales the objects of amendments may be the adoption of regulations concerning the 'conservation and utilization of whale resources, fixing (e) time, methods, and intensity of whaling (including the maximum catch of whales to be taken in any one season); (f) types and specifications of gear and apparatus and appliances which may be used.'

“In relation to the non-lethal utilization of whales the objects of amendments may be the adoption of regulations concerning the 'conservation and utilization of whale resources, fixing (e) time, methods, and intensity of whaling (including the maximum catch of whales to be taken in any one season); (f) types and specifications of gear and apparatus and appliances which may be used.'98”

• cites [98]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

I previously argued, based on an evolutionary interpretation of the IWC, that the non-lethal utilisation of whales accords with the objectives and purposes of the Convention and that it is possible that amendments concerning the non-lethal utilisation of whales are in line with the requirements of Article V(2).

“I previously argued, based on an evolutionary interpretation of the IWC, that the non-lethal utilisation of whales accords with the objectives and purposes of the Convention and that it is possible that amendments concerning the non-lethal utilisation of whales are in line with the requirements of Article V(2).99”

• cites [99]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

The ASW Sub-Committee should provide an open forum for constructive engagement with hunters in an environment which is not dominated by Western viewpoints.

“The ASW Sub-Committee should provide an open forum for constructive engagement with hunters in an environment which is not dominated by Western viewpoints.84”

• cites [84]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

The end of ASW as an exception to whaling should form part of a holistic strategy focused on ending the intentional and unintentional killing of whales.

“The end of ASW as an exception to whaling should form part of a holistic strategy focused on ending the intentional and unintentional killing of whales.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The practice of female mutilation cannot be maintained as it contravenes human rights.

“For example, the practice of female mutilation cannot be maintained as it contravenes human rights.”

• cites [83]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

Mence argues that whaling is prima facie unethical and points to the fact that whaling causes pain and suffering every time a whale is killed or struck and lost.

“Thus, Mence argues that whaling is prima facie unethical and points to the fact that whaling causes pain and suffering every time a whale is killed or struck and lost.90”

• cites [90]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

This may open the way for an emerging right or entitlement of whales to be free from being hunted by human predators, whether it is in the form of scientific, commercial or cultural whaling.

“This may open the way for an emerging right or entitlement of whales to be free from being hunted by human predators, whether it is in the form of scientific, commercial or cultural whaling.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

It is doubtful that member states will support such amendments.

“It is, however, doubtful that member states will support such amendments.”

Classified as probably not a substantial claim.

It expresses and strengthens the rights of designated Indigenous groups to practice their traditions and customs, which include whale hunting.

“It expresses and strengthens the rights of designated Indigenous groups to practice their traditions and customs, which include whale hunting.”

May combine two claims.

Whaling is not the only form of harm against whales which raises welfare issues; commercial shipping, commercial fishing, and climate change are some anthropogenic, unintentional and indirect harms to whales which require attention.

“Furthermore, whaling is not the only form of harm against whales which raises welfare issues.Commercial shipping (ship strikes and noise pollution), commercial fishing (where whales are bycatch), and the negative effects of climate change on whale habitats are some of the anthropogenic, unintentional and indirect harms to whales which require attention.95”

• cites [95]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

A need exists to reform the treatment of women and girls, but with the recognition of the existence of the cultural integrity of distinct people.

“Thus, a need exists to reform the treatment of women and girls, but with the recognition of the existence of the cultural integrity of distinct people.”

Classified as probably not a substantial claim.

De Grazia considers some cetaceans to be 'borderline persons' with a right to life.

“De Grazia considers some cetaceans to be 'borderline persons' with a right to life.89”

• cites [89]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Article VI may continue to be the only (current) plausible avenue for the development of non-binding recommendations concerning the proposed paradigm shift.

“Thus, this may mean that Article VI may continue to be the only (current) plausible avenue for the development of non-binding recommendations concerning the proposed paradigm shift.”

Classified as probably not a substantial claim.

Substantive provisions dealing with the non-lethal utilisation of whales need to be dealt with through an amendment by the IWC to the Convention Schedule, which forms an integral part of the Convention.

“Ultimately, substantive provisions dealing with the non-lethal utilisation of whales need to be dealt with through an amendment 96 (by the IWC) to the Convention Schedule, which forms an integral part of the Convention.97”

• cites [96]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [97]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The humane killing of whales is impossible and as such, lethal whaling practices do not accord with this converging general principle of international law.

“However, the humane killing of whales is impossible and as such, lethal whaling practices do not accord with this converging general principle of international law.”

• AssumptionRests on an assumption: The humane killing of whales is impossible.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The progressive recognition of the rights of Indigenous peoples in the Whaling Convention constitutes an important response to the subjugation and oppression of these groups.

“The progressive recognition of the rights of Indigenous peoples in the Whaling Convention constitutes an important response to the subjugation and oppression of these groups.”

Classified as probably not a substantial claim.

The exceptionality of whales, in terms of cognitive capacity, culture, and as symbolic megafauna, forms arguments that strengthen the underlying focus on the inhumane aspect of whale hunting as a justification for an end to whaling.

“The exceptionality of whales, in terms of cognitive capacity, culture, and as symbolic megafauna, forms arguments that strengthen the underlying focus on the inhumane aspect of whale hunting as a justification for an end to whaling.92”

• cites [92]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.