Does Size Matter? The ICRW and the Inclusion of Small Cetaceans

Posted: 21 Dec 2016

See all articles by Sean Stephenson

Sean Stephenson

McGill University - Centre for International Sustainable Development Law (CISDL)

Amir Attaran

University of Ottawa - Common Law Section; University of Ottawa - Department of Epidemiology and Community Medicine

Date Written: 2014

Abstract

The competency debate over small cetacean regulation at the International Whaling Commission (IWC) is legal in nature, yet has been in a political stalemate for years. In this article we argue that the IWC has the competence to regulate small cetaceans and that the commercial whaling of ‘small cetaceans’ is a violation of the moratorium on commercial whaling. We present hybrid legal and scientific arguments and counter-arguments for the treaty interpretation of the International Convention for the Regulation of Whaling and, given recent precedent, advocate that the International Court of Justice be called upon to resolve this matter.

Keywords: International Environmental Law; ICRW

Suggested Citation

Stephenson, Sean and Attaran, Amir and Attaran, Amir, Does Size Matter? The ICRW and the Inclusion of Small Cetaceans (2014). Available at SSRN: https://ssrn.com/abstract=2888475

Sean Stephenson (Contact Author)

McGill University - Centre for International Sustainable Development Law (CISDL) ( email )

Montreal, Quebec
Canada

Amir Attaran

University of Ottawa - Department of Epidemiology and Community Medicine ( email )

451 Smyth Road
Ottawa, Ontario K1H 8M5
Canada

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 ext: 2015 (Phone)
613-562-5659 (Fax)

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