The International Whaling Commission: All Bark, No Bite

Abstract

Introduction: On June 21, 2010, the International Whaling Commission (“IWC”), with its stated goal as “provid[ing] for the proper conservation of whale stocks and ... orderly development of the whaling industry[,]” “““Int’l commenced its annual meeting in Agadir, Morocco. Among the most noteworthy agenda items was a discussion about ending the Commission’s twenty-five year ban on commercial whaling and allowing nations to resume such operations under strict regulation. Predictably, the IWC, which is comprised of representatives from each of its eighty-eight member countries, found it impossible to reach an agreement. Those nations whose economies have historically thrived due to whaling profits argued for the reinstatement of commercial whaling, while the non-whaling countries cited urgent conservation concerns as the reason for leaving the ban intact. Unable to resolve these differences, the IWC took no action and decided to revisit the issue during its 2011 meeting. So, for the time being, it would appear that the earth’s whales are protected from the over-exploitation that has run rampant within the whaling industry since its start. Unfortunately, things are not always as they appear. The unsettling truth is that it makes little difference whether the ban is lifted or remains in effect. Nations belonging to the IWC and who have pledged adherence to its regulations are presently hunting whales, despite the ban’s existence, with no plans to stop. The most startling fact, perhaps, is that they are doing so legally. The International Convention and accompanying Schedule that govern the whaling industry and that mandated the creation of the IWC9 contain gaping loopholes that allow these countries to whale without any legal repercussions whatsoever.