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Customary International Law and Whaling

According to international law, only those States that are parties to the ICRW are bound by the moratorium.
             State practice.
             In determining whether State practice has satisfied the test of an emerging rule of customary international law the International Court of Justice (ICJ) in the North Sea Continental Shelf Cases declared that special regard must be given to the States which the norm affects. For example, the practice of Norway would be more crucial than that of the land locked Mongolia who is also a party to the ICRW. .
             The imposition of the moratorium has been met with direct opposition. Japan and Norway who both placed legal objections on the moratorium, both continue to whale.
             Japan under the guise of "Scientific Research" pursuant to Article VIII of the ICRW has several fishing fleets in the North West Pacific and Southern Ocean near Antarctica. Japan's Fisheries Agency reported that its North Pacific fleet killed 100 minke whales, 50 byrde's, 39 sei and five sperm whales in 2003. A further 440 minke whales are annually killed for "Scientific research" in the Southern Ocean. In the first 10 years of the moratorium on commercial whaling, Japanese scientists killed a total of 3,526 minke. .
             This whaling has been managed by the Japanese Institute of Cetaceous Research, which at its peak in 1996 received over $35 million for the sale of whale meat for human consumption. This behaviour poses an impediment in establishing a custom of not whaling for human consumption. However, the ICJ in the Nicaragua's case established that nations that defend their conduct by seeking to find exceptions and justifications to the rule is further confirming the rule rather than weakening the rule. .
             The practice of Japan to prevent an effective moratorium is a factor in discrediting uniform State practice as it blatantly disregards IWC guidelines and resolutions, despite the fact its actions are technically sound.


Essays Related to Customary International Law and Whaling

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2. Australia's Relations with Jap

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6. Whaling

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