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The Legal Cetacean: A Select Bibliography on Whales and International Whaling

Published online by Cambridge University Press:  28 February 2019

Amy Burchfield
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Extract

Whales have captivated the human imagination for millennia. Indeed, evidence of the first whale hunting dates back to at least 6,000 B.C. These incredible cetaceans have been a source of human food, fuel and tools, and have inspired art, myth and literature around the globe. Legal issues affecting whales are varied and far reaching. Only since the mid 20th century, with the establishment of the International Whaling Commission (IWC) under the terms of the International Convention for the Regulation of Whaling (ICRW) have whales benefited from any type of conservation effort.

Type
Articles
Information
International Journal of Legal Information , Volume 36 , Issue 3 , Winter 2008 , pp. 490 - 505
Copyright
Copyright © 2008 by the International Association of Law Libraries 

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References

1 Petroglyphs of large whales discovered at the Neolithic archeological site at Bangu-Dae in South Korea show evidence of whale hunting dating between 6,000 – 1,000 B.C. See Lee, Sang-Mog and Daniel Robineau, “Les cétacés des gravures rupestres néolithiques de Bangu-dea (Corée du Sud) et les débuts de la chasse à la baleine dans le Pacifique nord-ouest.” L ‘Anthropologic 108 (2004): 137–151.Google Scholar

2 Despite recent challenges, the moratorium on commercial whaling survives into its second decade. See “Whaling Moratorium Upheld.” Environmental Policy and Law 37 (2007): 381–382.Google Scholar

3 See for example http://www.helsinki.fi/∼lauhakan/whale/literature/nfiction.html Visited on Oct. 9, 2008.Google Scholar

4 Thomas, William L., “Select Bibliography of Articles and Books in International Environmental Law (1997-Present).” Georgetown International Environmental Law Review 13 (2000): 47–268.Google Scholar

5 Jayasuriya, H. Kumar Percy and Melanie, Oberlin, “Admiralty and Maritime Law Articles Published in Non-Marine Law Journals.” Journal of Maritime Law and Commerce 39 (2008): 229–273.Google Scholar

6 Research for this bibliography was concluded in September 2008.Google Scholar

7 Student authored articles are noted as such. The author is encouraged by the number of student authored articles on whales and whale conservation, as this seems to show a real concern among budding lawyers. The future legal protection of whales could depend on their expertise and engagement.Google Scholar

8 The treaty websites in this section were visited on Oct. 9, 2008.Google Scholar

9 See IWC Members and Commissioners http://www.iwcoffice.org/commission/members.htm. Last visited Oct. 9, 2008.Google Scholar

10 Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd, 2004 FCA 1510; (2004) 212 ALR 551.Google Scholar

11 See International Whaling Commission, “Aboriginal Subsistence Whaling” at http://www.iwcoffice.org/conservation/aboriginal.htm (visited Oct. 15, 2008).Google Scholar

12 Donald, C. Winter, Secretary of the Navy, et al., v. Natural Resources Defense Council, Inc., et al., 518 F.3d 658 (9th Cir. 2008), cert. granted, (U.S. June 23, 2008) (No. 08-55054).Google Scholar