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The Law of the SeaProgress and Prospects$
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David Freestone, Richard Barnes, and David Ong

Print publication date: 2006

Print ISBN-13: 9780199299614

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299614.001.0001

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Marine Mammals: Exploiting the Ambiguities of Article 65 of the Convention on the Law of the Sea and Related Provisions: Practice under the International Convention for the Regulation of Whaling

Marine Mammals: Exploiting the Ambiguities of Article 65 of the Convention on the Law of the Sea and Related Provisions: Practice under the International Convention for the Regulation of Whaling

Chapter:
(p.261) 14 Marine Mammals: Exploiting the Ambiguities of Article 65 of the Convention on the Law of the Sea and Related Provisions: Practice under the International Convention for the Regulation of Whaling
Source:
The Law of the Sea
Author(s):

Patricia W Birnie

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199299614.003.0014

The 1982 United Nations Convention on the Law of the Sea (LOSC) conceals more than it reveals concerning the difficulties experienced by the Third United Nations Conference on the Law of the Sea (UNCLOS III) in introducing restrictive international controls on exploitation of marine living resources, including marine mammals. A considerable number of non-governmental organisations, representing both commercial and environmental concerns, began to attend the UNCLOS III negotiating sessions to lobby the negotiators in order to safeguard their particular interests. Article 65 in its final form reflects the many compromises resulting from this process, including the limitations of marine mammal treaties concluded more than a century ago, as well as more recent fisheries and marine environment conventions across a broad spectrum. This chapter examines the ambiguities of Article 65 of the LOSC with respect to regulation of whaling, along with problems arising in the drafting of Articles 64, 65, and 120 of the LOSC. New initiatives within the International Whaling Commission are also discussed.

Keywords:   whaling, marine mammals, United Nations Convention, International Whaling Commission, regulation, exclusive economic zone, conservation

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