Table of Contents

Research Handbook on Biodiversity and Law

Research Handbook on Biodiversity and Law

Research Handbooks in Environmental Law series

Edited by Michael Bowman, Peter Davies and Edward Goodwin

This wide-ranging Handbook presents a range of perspectives from leading international experts reflecting up-to-date research thinking on the subject of biodiversity law, the crucial importance of which to human welfare is only now being fully appreciated. Through a rigorous examination of the principles, procedures and practices that characterise this area of law, this timely volume effectively highlights its objectives, implementation, achievements, and prospects. Presenting thematic rather than regime-based coverage, the editors demonstrate the state-of-the-art of current research and identify future research needs and directions.

Chapter 11: Whaling and inter- and intra-generational equity

Malgosia Fitzmaurice

Subjects: environment, environmental law, law - academic, environmental law, public international law


The focus of this chapter will be on issues relating specifically to questions of intra- and inter-generational equity and whaling. Therefore the 1946 International Convention on the Regulating of Whaling (ICRW), and the practice of the International Whaling Commission (IWC) established thereunder, will be analysed only in so far as they are relevant to these questions. There is a host of other very important issues relating to whaling (such as the register of whaling vessels, and national control of citizens and vessels), but these have only a marginal or indirect impact on intra- and inter-generational equity and for that reason they will not be discussed in this chapter. The question of intra- and inter-generational equity is very pertinent for the regulation of whaling. The Preamble to the ICRW states as follows: ‘[r]ecognizing the interest of the nations of the world in safeguarding for future generations the great natural resources represented by the whale stocks …’. The Preamble thus clearly refers to future generations in relation to the preservation of whaling stocks. That said, the question of the relations between groups and people within one generation (intra-generational equity) and whaling was not explicitly mentioned in the ICRW but this does not mean that such an issue is irrelevant.

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