Hey guys
So here's that assignment I did on international whaling. It's not as extensive as I'd like it to be, but I suppose that that's what happens when you rush things :P
Anyways, I hope you find it interesting,
Andy..
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International Whaling
An Environmental Law Assignment
Introduction
Whaling is the hunting and killing of whales for consumption, trade or industry. There are two types of whaling: traditional and commercial. Traditional whaling has been in practice for millennia, and is the hunting and killing of whales in order to sustain traditional and cultural customs. Commercial whaling is the hunting and killing of whales for economical reasons, such as trade.
There has been much controversy around the subject of whaling, especially in the last century. There are many more people against whaling than for it. The main points brought up by anti-whaling groups are that:
- whaling is endangering whale species
- the method of killing (exploding harpoons) is inhumane and the whales do not die immediately
- whaling targets whales that are curious enough to come close to boats, and these are the whales that are beneficial for ecotourism
- ecotourism such as whale watching brings in a larger income than whaling
- whales are as intelligent as humans (although this has not yet been scientifically proven)
- whaling destroys the social structure of the pod
- it is a matter of animal cruelty
- whaling is not a lucrative industry, and its products can be replaced
Although pro-whalers are outnumbered, they too have significant arguments. The main points brought up by pro-whalers are that:
- whale meat is organic
- the culling of whales means that there is more fish available for commercial fishing
- whaling can be sustainable
- whaling has never lead to the extinction of any whale species
- whaling is part of traditional culture in some nations
- whaling is no more cruel than the killing of pigs/sheep/cattle/fish
- whaling is the main source of income for many small communities
- arguments against whaling are subjective and based on emotions rather than practicality or sustainability
All of these points are valid to some extent, but the main problem with looking at the subject of whaling objectively is that whaling is very much a subjective issue, and so one needs to look at facts from both sides before making a decision. The arguments will be further explained and explored at a later stage.
History
Whaling has been a part of global history since before the Stone Age. The oldest record of whaling was found in South Korea – carved drawings of whaling with spears and boats have been dated back to 6000BC. The critical points in recorded whaling history are best read in a timeline:
9th Century - Norway, France and Spain begin whaling
10th Century - “Right whale” is most commonly targeted as it is easiest to kill; oil is used for lamps and baleen is used for whips, corsets, chairs, seats and fishing rods
- England, Denmark and several other nations begin whaling
12th Century - Japan starts using harpooning by hand
15-18th Century - Whaling in the Arctic
19th Century - some species are depleted due to high demand
- modern whaling techniques are developed
- discovery of petroleum leads to a replacement of whale oil for lamps
1848 - exploding harpoons are invented, now enabling the hunting of rorqual whales
1925 - the development of factory ships initiates massive industry growth
- the use of electricity for light eliminates the need for whale oil
1930 - 80% of great whale species are nearing extinction
- Germany and Japan join Britain and Norway in the Antarctic
1946 - International Whaling Commission (IWC) is set up by 15 nations in an effort to manage whale stocks
1963 - United Kingdom stops whaling
1969 - only Japan and Soviet Union are still whaling in the Antarctic
1972 - 6000 blue whale left
1979 - IWC establishes the Indian Ocean Whale Sanctuary
1982 - IWC bans commercial whaling (to start in 1986), but Japan, Norway and Iceland continue, as this does not ban traditional whaling
1986 - IWC ban comes into effect
- CITES lists the last species of great whale as critically endangered, leading to a ban in the trading of whale products
1987 - Japan begins “scientific whaling” programme
1990 - seven of the last nine whaling nations stop whaling
1993 - Norway objects to IWC ban
1994 - Southern Ocean Whale Sanctuary established to protect breeding grounds
- Whale and Dolphin Conservation Society (WDCS) releases survey results indicating that whale ecotourism is more profitable than commercial whaling
2000 - Norway and Japan attempt to remove the protected status of whales at a CITES meeting, but fail
2002 - Japan allegedly buys the votes of 14 nations at IWC meeting, leading to a rejection of the proposal to establish more whale sanctuaries
- Mexico protects 21 species of whale in its Exclusive Economic Zone (EEZ), the world’s largest sanctuary
2003 - Iceland starts “scientific whaling”
2005 - Norway and Japan increase whaling quotas
2006 - 17 nations state that Japan kills more whales in the Antarctic in one year than it did in total in its 31 years of scientific research
2007 - Iceland removes whaling quotas for 2008 due to lack of demand
- 88 countries belong to IWC
Arguments
The Argument Against Whaling
The biggest reason that so many people are against whaling is because they consider it an issue of animal cruelty. Whales are perceived to be the “gentle giants” of the sea, and are seemingly passive and as intelligent as humans (although this has not been proven). Because of this, people tend to think of them as free and innocent, and therefore undeserving of unnecessary killing after a life of freedom. The killing of individual whales is also believed to destroy the social structure of the whale pod. Whales live in complex family groups and rely on each other for survival, reproduction and companionship.
Whales are killed using exploding harpoons, which explode within the body of the whale and causing severe tissue damage. This method does not allow for immediate death and often another harpoon is needed to kill the animal. Many say that this prolonged death is inhumane and cruel.
The second largest argument is from a conservation perspective. Whaling targets many different species of whale, but there are a few species that are heavily hunted. Exact figures of whale populations are very difficult to determine as whales are hard to monitor and track, but a general trend has been observed – that in most cases, whaling has resulted in a decline in population numbers. The recent introduction of quotas has stabilised these numbers, however.
From an economic point of view, whale ecotourism such as whale watching has been proven to be more economically beneficial than the whaling industry. Whalers target whales that are easiest to kill, i.e. those that come closest to the boat. It is argued that the whales that are curious enough to come near boats are the ones that are most beneficial to the whale watching entities, and that the killing of said whales is detrimental to the ecotourism industry.
The last argument is that whaling is a small industry and that no country relies on whaling as its sole source of income, so if it were to stop, it would not be detrimental to any country’s economy. It is also believed that whale products can be substituted by other products. Whale meat is not as popular as meats such as beef or lamb.
The Argument in Favour of Whaling
The argument in favour of whaling, although less popular, is no less valid than that of the anti-whaling groups. The first counter-argument is that whaling for meat and by-products is no less cruel than the killing of animals such as cattle, sheep or pigs for meat and by-products. Pigs, too, are thought to be as intelligent as humans, yet there is less controversy around the subject. Another point is that whale meat is organic, and thus healthier than commercial meats that are pumped with hormones or bred in confined areas.
Pro-whalers are aware of the ecological situation that whaling creates, but believe that whaling can be sustainable by means of quotas and reasonable regulation. Some species, like the grey whale, are believed to have increased in population size despite whaling. There is also no record of any whale species having been driven to extinction because of whaling, although many have come close.
Whaling is also a critical part of the culture and tradition of some nations. Economically, whaling is the main source of income for many small island communities, and whalers in these communities are given a high status in these communities. Another argument is that the regulation of whale populations also regulates the amount of fish available for commercial fishing, which is a large contributor to the economies of many countries worldwide.
The last argument that whalers believe is very important is that arguments against whaling are extremely subjective and based on emotions, instead of the potential practicality or sustainability that whaling can provide.
International Laws Regulating Whaling
Customary international law states that the people of all nations are entitled to participate in whaling activity, unless the nation’s governing body has agreed otherwise. It also allows coastal countries or states to control whales within its national waters unless said nation is part of an international agreement that states otherwise. Nations also have sole authority over their citizens’ activities in international waters, meaning that no other authority can disallow whaling activity.
International Whaling Convention (IWC)
Established in 1946, the IWC was initially intended for the sole purpose of overseeing the management of the global whaling industry, i.e. to regulate the industry in order to recover whale populations. In 1986, it issued a ban on commercial whaling altogether.
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
The CITES treaty protects endangered species from further depletion that may be caused by international trade, while promoting conservation. Great whale species were placed in CITES’s Appendix I in 1986 – a group for species threatened with extinction and which are negatively affected by trade. This prohibits all CITES members from trading in whale products.
United Nations Convention on the Law of the Sea (UNCLOS)
Members of the UNCLOS treaty are obligated to conserve marine mammals and follow the guidelines of the IWC. These duties are thought to have more weight than those of the IWC.
Conclusion
When one looks at the issue of whaling, one needs to be objective. It is easy to be swayed by emotional reasoning when it comes to environmental situations, especially those involving the killing of large animals, as we as humans easily become attached to animals to which we can relate behaviourally. One needs to look at facts in order to establish an informed opinion.
Firstly, whaling is an activity that has occurred historically. Many other things, such a monoculture, hunting and mining, have also occurred historically. With the benefit of time and technological advances, we are now able to see the impact of these activities on the environment and their possibilities as sustainable activities. We need to look at whaling in the same way – can it be practised sustainably, without detrimental impact to the environment as a whole?
Many small communities are reliant on whaling as a main source of food and trade. Whalers are of significant status in these communities, because they are able to hunt animals so much larger than themselves. This status provides a means of community structure, which would not be present if whaling were to cease. In addition, these communities only hunt between two to ten whales per year on average.
Large nations like Japan and Norway claim to whale as part of tradition, but process hundreds of whales per year and contribute heavily to the depletion of whale stocks. This is a concern for whale populations and needs to be regulated. Conservation is important in an age in which we are becoming increasingly aware of future implications.
With advancing technology and food products, whale products are less in demand than before, meaning that there is less whaling occurring today than historically, such as in the 18th and 19th Centuries. I believe that with carefully calculated regulations, whaling can be a sustainable industry. I don’t believe that whaling is an essential industry, nor that it is particularly more lucrative than other industries, particularly in more developed nations. I do feel, however, that it is essential to smaller, developing communities, both in economical and cultural sectors.
I do not believe that whaling should be stopped altogether. I would be happier if it were stopped, but I do not think that this would be beneficial in a global economic perspective. I do believe, however, that the industry needs to be regulated, just as the fishing, farming and mining industries need to be regulated, and without exception. Over-exploitation needs to be avoided and optimum ecological status needs to be sustained.
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References
http://content.www.rspca.org.uk/cmsprd/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobnocache=false&blobtable=MungoBlobs&blobwhere=1232992298757&ssbinary=true (PDF file)
http://www.whalecraft.net/History.html
http://www.ozpolitic.com/sustainability-party/why-allow-whaling.html
http://onlineessays.com/essays/issues/whaling-arguments.php
http://luna.pos.to/whale/gen_con_pro_whaling.html
http://archive.greenpeace.org/comms/cbio/case.html
http://www.ecozine.co.uk/Whaling1.htm
http://www.highnorth.no/Library/Publications/iceland/wh-an-in.htm
http://www.animallaw.info/articles/ovuswhalelaws.htm
http://www.dickrussell.org/graywhale/conservation.html
http://weblog.greenpeace.org/whales/votes_chart_430.jpg
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