The Global Legal Framework of Whaling: IWC and Conservation

The practice of whaling, once a vital global industry, fundamentally shifted in the mid-20th century from an unregulated commercial enterprise to a strictly controlled—and largely prohibited—activity under international law. The legal framework governing this change is complex, balancing the original objective of developing a sustainable whaling industry with the modern imperative of species conservation. At the heart of this framework is the International Convention for the Regulation of Whaling (ICRW) and its governing body, the International Whaling Commission (IWC).

I. The Foundation: ICRW and the International Whaling Commission (IWC)

The International Convention for the Regulation of Whaling was concluded in Washington, D.C., in 1946 and came into effect in 1948. The Convention’s stated purpose was twofold: “to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry”. This dual, often conflicting, mandate reflects the historical context of its creation as a “whalers club” established in response to the overexploitation of whale populations.

The ICRW established the International Whaling Commission (IWC) as its main decision-making body. The IWC, currently comprised of 88 contracting governments, is responsible for reviewing and revising the legally binding “Schedule” to the Convention. The Schedule is the core regulatory instrument, setting catch limits, designating protected species, establishing whale sanctuaries (such as the Southern Ocean Sanctuary), and prescribing open and closed seasons or waters. Amendments to the Schedule, particularly those related to catch limits and sanctuaries, require a three-quarters majority vote.

II. The Global Moratorium and Exemptions

The most significant action taken by the IWC was the adoption of an indefinite ban, or moratorium, on all commercial whaling in 1982, which came into force for the 1986 season. This moratorium set all commercial catch quotas to zero and is widely regarded as one of the greatest achievements in international species conservation. It marked a fundamental shift in the IWC’s focus from a regulatory body supporting the industry to one prioritizing conservation.

Despite the moratorium, three specific categories of whaling are still regulated or permitted under the ICRW framework:

1. Commercial Whaling (Exceptions): While the global quota is zero, some nations continue commercial whaling by utilizing legal mechanisms within the ICRW. Norway has a formal objection to the moratorium, allowing it to continue commercial whaling activities that do not apply to it. Iceland previously held a reservation but has since rejoined and currently adheres to IWC rules. Japan withdrew from the ICRW effective June 2019 to resume commercial whaling in its exclusive economic zone (EEZ), which is no longer under IWC jurisdiction.
2. Scientific Research Whaling: Article VIII of the Convention permits any contracting government to grant a “special permit” authorizing the taking of whales for the purpose of scientific research. This provision has been a major point of contention, with some countries historically using it to conduct lethal research to obtain data for commercial purposes, though the IWC Scientific Committee is required to scrutinize these permits.
3. Aboriginal Subsistence Whaling (ASW): This type of whaling, carried out by indigenous communities with a long-standing tradition for cultural and subsistence needs, is not subject to the commercial moratorium. The IWC regulates ASW by setting catch limits every six years for specific stocks and communities (e.g., those in Denmark (Greenland), the Russian Federation, St. Vincent and the Grenadines, and the United States).

III. Domestic and Ancillary Conservation Law

International conventions are often supported by powerful domestic laws and secondary treaties. The United States provides a clear example of this layered protection:

• Marine Mammal Protection Act (MMPA, 1972): The MMPA established a general moratorium on the “taking” (harassing, hunting, capturing, or killing) and importing of all marine mammals, including cetaceans, within U.S. waters. Its primary goal is to maintain the health and stability of the marine ecosystem.
• Endangered Species Act (ESA, 1973): All great whales are listed as endangered species under the ESA, which prohibits their “take” (a broader definition than in the MMPA) and the destruction of their habitat within the United States.
• Economic Sanctions: The U.S. also possesses legislative tools to encourage international compliance. The Pelly Amendment (1971) and the Packwood-Magnuson Amendment (1979) direct the Secretary of Commerce to impose sanctions, such as import restrictions or reduced fishing rights in U.S. waters, on nations that violate international fishery conservation programs like the ICRW.

Summary of Modern Whaling Law and Policy

The modern legal framework for whaling reflects a transition from sustainable management of an industry to a broad-based conservation mandate. The IWC, now often viewed as a leading global forum for cetacean science, has expanded its work beyond hunting limits to address other existential threats to whales.

FAQ on Whaling Law

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