REPORT ON WHALING (Environmental Law) Saturday, July 13, 2013, 10-12PM

Jacob D Ballos, PUP College of Law

Topics to be discussed:
1.
2.
3.
4.
5.

Early history of whaling;

What made the 1946 International Convention for the Regulation of Whaling?
History of Philippine Whaling;
Present Day Whaling; and
Conclusion

Note: Report for at least 10 minute

1. Early History of whaling (source:
http://education.nationalgeographic.com/education/news/big-fish-historywhaling/?ar_a=1)
People have been whaling for thousands of years. Norwegians were among
the first to hunt whales, as early as 4,000 years ago. The Japanese may have
been
doing
so
even
earlier.
Traditions as varied as where they do their whaling activity. The Inuit (who
hunted in the Arctic Ocean), Basque (who hunted in the Atlantic), and
Japanese (who hunted in the Pacific) relied on whales to provide material
goods,
as
well
as
part
of
their
cultural
identity.
Nearly every part of the whale was used. Meat, skin, blubber, and organs
were eaten as an important source of protein, fats, vitamins, and minerals.
Baleen (A type of whale w/c uses a threadlike weave of hair to filter his food
instead of having a teeth) was woven into baskets and used as fishing line. In
warmer climates, baleen was also used as a roofing material. Bones were
used primarily for tool making and carving ceremonial items such as masks.
During the middle Ages and Renaissance, whaling gained popularity
throughout Northern Europe. Whale oil and baleen (sometimes called
whalebone, although its not bone at all) were valuable commodities. Whale
oil comes from the blubber of right and bowhead whales, and the head cavity
of sperm whales. It was used primarily for oil lamps. Corsets and hoop skirts
were constructed from whalebone. All those time there was no law
governing the hunting of whales until.
2. What made the 1946 International Convention for the Regulation of Whaling?
(source: http://environs.law.ucdavis.edu/issues/29/2/kobayashi.pdf and
http://iwc.int/history-and-purpose)
The war had changed the status of many states in the world. The United
States emerged as a new controlling political power. Germany and Japan, the
newer whaling states before the war, were defeated. At the conclusion of
World War II, the United States desired to take a leading stance on
post-war whaling regulations. In 1946, the United States called an
International Whaling Conference in Washington. As a result of this
Conference, 15 nations adopted the International Convention for the
Regulation of Whaling ("ICRW"), and it entered into force in 1948. Japan,
Germany, and non-whaling states did not take part at this time. Japan later
joined the ICRW in 1951 by accession.

The preamble to the Convention states that its intention is to provide for the
proper conservation of whale stocks and thus make possible the
orderly development of the whaling industry.
Article I Schedule [1) quota limitations on the size and species hunted; 2)
areas open and
closed for whaling; 3) seasonal and geographical limitations for pelagic
operations; 4) treatment after killing whales; and 5) supervision and
control.]
Article II Definition of Terms
Article III Appointments
Article IV Relations
Article V Amendments
Article VI Recommendation
Article VII Transmission of Statistics
Article VIII Scientific Research and its permit
Article IX Infractions/Violation
Article X Ratification in the US
Article XI Withdrawal
3. History of Whaling in the Philippines (source:
http://wwwarc.murdoch.edu.au/publications/wp/wp161.pdf)
When whaling is mentioned in the context of the Philippines, what usually
comes to mind initially are popular accounts of the whale jumpers of
Pamilacan or the rapidly growing whale-watching activities on numerous
islands. And perhaps for those more aware of persistent whaling issues, the
brief period of pirate whaling by the Japanese is also familiar. The history
of whaling in the country seems to have begun and ended when the whale
fishery in Pamilacan came under media and scientific attention around late
1991. Shortly after reports of killing and the by-catch of cetaceans in fishing
gear in Palawan, Central Visayas and Northern Mindanao caught the attention
of the Department of Agriculture Bureau of Fisheries and Aquatic Resources
(DA-BFAR), investigations were conducted which soon resulted in the issuing
of Fisheries Administrative Order (FAO) 185, banning the taking or
catching, selling, purchasing and possessing, transporting and
exporting of dolphins in 1992. This did not necessarily stop the killings
and by-catches but instead drove the activities and the market underground,
making data collection more difficult. Although this did not affect the Brydes
whale hunting in Pamilacan, given the ban only included dolphins, it was not
long after, in 1997, that FAO 185-1 was issued, amending the first law
to include all cetaceans, including whales. This, as far as it has been
documented, marked the end of whaling in the Philippines.
4. Present
Day
(http://environs.law.ucdavis.edu/issues/29/2/kobayashi.pdf)

Whaling:

Whale oil is little used today and modern commercial whaling is done for
food. The primary species hunted are the common minke whale and Antarctic
minke whale, two of the smallest species of baleen whales. Recent scientific
surveys estimate a population of 103,000 in the northeast Atlantic. With
respect to the populations of Antarctic minke whales, as of January 2010, the
IWC states that it is "unable to provide reliable estimates at the present time"
and that a "major review is underway by the Scientific Committee."
The International Whaling Commission (IWC) was set up under the ICRW to
decide hunting quotas and other relevant matters based on the findings of its

Scientific Committee. Non-member countries are not bound by its regulations

and conduct their own management programs.
The IWC voted on July 23, 1982, to establish a moratorium on
commercial whaling beginning in the 198586 season. Since 1992, the
IWC's Scientific Committee has requested that it be allowed to give quota
proposals for some whale stocks, but this has so far been refused by the
Plenary Committee.

Current State of the Moratorium

Moratorium is still in effect however, there are exceptions to the Moratorium:
Current Whaling Nations IWC member states may continue whaling legally
under the moratorium by making a timely objection or by successfully
claiming an exception (scientific research). Currently, Norway and Japan are
the most criticized whaling nations within the IWC. Norway timely objected to
the adoption of the moratorium and continues to catch minke whales for
profit under the objection. Japan initially objected to the 1982 decision, but
withdrew its objection due to political pressure from the United States. Japan
withdrew in exchange for an agreement that Japan would escape from
punitive United States' domestic laws designed to enhance the authority of
the IWC. Japan currently catches minke and sperm whales under special
permits issued under the scientific research exception of the ICRW.
5. Conclusion
Momentum has been building for changes to occur in the IWC that will
greatly impact the future of whaling. There is no doubt that the
moratorium will be lifted in a future IWC meeting. When commercial
whaling is allowed to resume, how the IWC handles the new era of
whaling is critical to the peaceful coexistence of humans and whales.
Although differences in opinions created many conflicts that led to a
deep divide within the members of the IWC, the fact remains that
NONE OF THE NATIONS WANT THE WHALES TO BECOME
EXTINCT. This is the common ground in the social, cultural, and
economical web that whales present to the nations around the world.
While it is inevitable that politics will always play an influential role in
the decisions regarding the management of whales, moral views and
ugly cultural attacks should have little to do with adopting effective
conservation measures. The development of effective international
environmental laws and resources depends upon trust in other nations.
The efforts of all IWC nations will foster an effective international
sustainable resource management and conservation regime in the
years to come. At this time, lifting the moratorium on commercial
whaling will lead to the most effective global regulation of whaling by
the IWC
Lisa
Kobayashi
(LIFTING
THE
INTERNATIONAL
WHALING
COMMISSION'S MORATORIUM ON COMMERCIAL WHALING AS THE MOST
EFFECTIVE
GLOBAL
REGULATION
OF
WHALING,
http://environs.law.ucdavis.edu/issues/29/2/kobayashi.pdf)