"The alternative is that the anti-whalers will continue to decline any request for whaling for any reason, and the pro-whalers will take advantage of those loopholes that exist under the whaling convention and go ahead and whale anyway"Another legal expert, Dr Eric Wilson of Monash Law School, has an article on how he sees the situation in terms of law in The Age.
This is why the recent symbolic win of Japan is potentially of great significance; by indicating the purely temporary nature of the moratorium, the (slight) majority of IWC members have reaffirmed their understanding of the convention as a conservationist document, not a preservationist one. If so, then the pro-whalers have the stronger legal position.Interesting comments. Essentially, the scientific argument that sustainable whaling is possible was already won, more than a decade ago. The Scientific Committee unanimously recommended the Revised Management Procedure, and the IWC itself also adopted it. What more evidence is required?
If incontrovertible proof of sustainable numbers of whale species can be provided, then the continuation of the moratorium - at least as it is applied to the numerically "safe" species - is clearly illegal, and the anti-whaling nations are in breach of their fundamental treaty obligations. In this event, the pro-whalers will be in an unambiguously lawful position to either resume commercial hunting unilaterally, or, more likely, to secede from the IWC altogether and establish their own whaling treaty system.
"The fact that the IWC has been acting in violation of its own Convention is obvious to anyone with legal knowledge. We have a sufficient number of objective and legal evidence to support our claim."We have seen that the US looks set to agree to some form of commercial whaling. If the remainder of the anti-whaling nations refuse to follow this responsible and constructive lead, perhaps we can expect to see such a case within the next few years.
"Surely some day Japan may bring the case against the IWC to an international court. I am looking forward to that day."
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