How much whale hunting is needed in the name of science
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How much whale hunting is needed in the name of science? . History of whaling in Japan. Definition: Hunting of whales for commercial , recreational or scientific purposes. Whaling in Japan dates back as far as the 7 th century

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How much whale hunting is needed in the name of science

How much whale hunting is needed in the name of science?


History of whaling in japan

History of whaling in Japan

Definition: Hunting of whales for commercial, recreational or scientific purposes.

Whaling in Japan dates back as far as the 7th century

Proverb: "There's nothing to throw away from a whale except its voice.”

Staple piece of the Japanese diet


The issue

The Issue

Gradual extinction - By the late 16th Century ‘right whales’became virtually extinct in the North Atlantic.

19th century improvements in hunting technology heavily distorts population numbers

Booming hunting industry = Unsustainability

The Numbers

In 2011/2012 Japan killed around 445 whales in total.

In 2010/2011 Japan killed around 445 whales in total.

Japan has slaughtered over 6,000 whales since commercial whaling was banned in 1986


Science as an excuse

Science as an excuse?


Action by the international community

Action by the International Community

International Whaling Commission (IWC) came into effect in 1986

Goals:

Combat extinction and promote sustainability

Complete protection of certain species

Set limits on the number and size of whales which could be taken

Prescribed open and closed seasons and areas for whaling

International Convention for the Regulation of Whaling 1946

Purpose: "provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry".

"Save the Whale" become one of the most successful campaigns of the 1970s, and brought groups like Greenpeace to prominence.


Australia vs japan

Australia vs Japan

  • 2010 – Australia launches International case against Japan

  • 31st March 2014 - International Court of Justice ordered Japan to stop whaling

  • Scientific whaling' is not compatible with the ICRW

Japan, Iceland and Norway still continue to hunt whales.

2003 – Countries wanted to recommence commercial whaling, arguing that…

The hiatus had allowed whale stocks to recover sufficiently enough.

Minke whales were endangering other species


Interpretation of article viii paragraph 1 of the convention

Interpretation of Article VIII, paragraph 1, of the Convention


Interpretation of article viii paragraph 1 of the convention1

Interpretation of Article VIII paragraph 1 of the Convention

“Notwithstanding anything contained in this Convention any Contracting Government may grant to any of its nationals a special permit authorizing that national to kill, take and treat whales for purposes of scientific research subject to such restrictions as to number and subject to such other conditions as the Contracting Government thinks fit, and the killing, taking, and treating of whales in accordance with the provisions of this Article shall be exempt from the operation of this Convention. Each Contracting Government shall report at once to the Commission all such authorizations which it has granted. Each Contracting Government may at any time revoke any such special permit which it has granted.”


How much whale hunting is needed in the name of science

  • Examination of the function of art VIII §1.

  • Analyzes of the relationship between Article VIII and the object and purpose of the Convention.

  • The power of the State issuing a special permit.


How much whale hunting is needed in the name of science

  • The standard of review

  • The meaning of the phrase “for purposes of scientific research”.


Jarpa ii in light of article viii of the convention

JARPA II in light of Article VIII of the Convention


Description of the programs

Description of the programs

  • JARPA I (1982)

  • JARPA II (2005)


Design

Design

  • Japan’s decision regarding the use of lethal methods

    • Are lethal methods necessary?

    • Reliability and value of data collected

    • Consideration of alternative non-lethal methods

  • The scale of the use of lethal weapons

    • Comparison of target sample sizes with that of JARPA

  • Determination of target sample sizes

    • 5 stage process


  • Implementation

    Implementation

    • Gap between target and actual sample sizes

      • changes to the programmes objectives and target sample sizes?

  • Time frame

  • Co-operation with scientists

  • Scientific output


  • Application of a viii 1 to jarpa ii

    Application of A VIII(1) to JARPA II

    • design and implementation are not reasonable in relation to achieving its stated objectives

    • not “for purposes of scientific research” pursuant to Article VIII, paragraph 1, of the Convention.


    Perspectives

    Perspectives


    Science or law

    Science or law?

    • Dissenting opinion ofJudgeOwada

    • NGOs think science is clear!


    What happened to the precautionary principle

    Whathappenedto theprecautionary principle?

    • The partiesreferto it, but not the Court!

    • JudgesCharlesworth and CançadoTrindade

    • May undermine the authority of the principle in environmental law in general


    Evolving instrument

    Evolving instrument?

    • JudgeOwada: ”Changing the rulesof the game”

    • Progressive measuresareimportant in environmental law!

    • JudgeCançadoTrindade: indication of opiniojuris

    New customarylaw?


    Conclusion

    Conclusion


    Thank you

    Thankyou!


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