Internet Guide to International Fisheries Law

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International Whaling Commission [IWC]

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IWC

The Red House   135 Station Road   Histon  Cambridge CB4 4NP   UK
Tel: +44 1223 233971   Fax: +44 1223 232876  
Email: iwc.@.iwcoffice.org
Official w
ebsite: www.iwcoffice.org
   

SUMMARY INFORMATION

    

Establishment

1946 International Convention for the Regulation of Whaling
Done at Washington DC, 1946
Entry into force, 1949

    

Membership
As of 31 Jan 2005

Antigua and Barbuda, Argentina, Australia, Austria, Belgium, Belize, Benin, Brazil, Chile, China, Costa Rica, Côte d'Ivoire, Denmark, Dominica, Finland, France, Gabon, Germany, Grenada, Guinea, Hungary, Iceland, India, Ireland, Italy, Japan, Kenya, Republic of Korea, Mali, Mauritania, Mexico, Monaco, Mongolia, Morocco, Netherlands, New Zealand, Nicaragua, Norway, Oman, Palau, Panama, Peru, Portugal, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and The Grenadines, San Marino, Senegal, Solomon Islands, South Africa, Spain, Suriname, Sweden, Switzerland, Tuvalu, United Kingdom, United States
   

Area of competence

Global: the Convention applies to factory ships, land stations and whale catchers under the jurisdiction of the member governments, and to all waters in which whaling is prosecuted by such factory ships, land stations and whale catchers.

Material scope

The 1946 Convention refers to the proper conservation of "whale stocks" but does not define the species covered by the term "whale." A Chart of Nomenclature of whales, annexed to the Final Act of the 1946 Conference, was accepted by the governments represented at the Conference as a guide. The list included the baleen, sperm and bottlenose whales (the "great" whales). It is not clear whether the IWC is limited to these named species or not and member governments are not of one view. The IWC currently recommends measures for: right (including) bowhead whales, pigmy right, humpback, blue, fin, sei, Bryde's, minke, sperm, Arctic and Antarctic bottlenose whales.

Main objectives

To establish a system of international regulation for the whale fisheries to ensure proper and effective conservation and development of whale stocks.
     

DESCRIPTION

    

The International Whaling Commission is the principal organization for the conservation and management of whaling. It was established in 1949 with the objectives of allowing the effective conservation and development of whale stocks and to make possible the orderly  development of the whaling industry. Despite its status as the principal whaling organization, it is operation is impeded by a number of controversies and differing positions taken by anti-whaling and pro-whaling members. The controversies relate to various matters, including differences of opinion over the objectives of the Commission; the recruitment of new members by the Commission by existing members to bolster support for their own positions; the use of the objection procedure by whaling States; abuses of the moratorium on whaling by whaling members under the pretext of scientific whaling; and disagreement over the relationship between the Convention and the LOS Convention. The future of the IWC is currently uncertain.

      

Membership

Membership of the IWC is open to any State, regardless of whether they engage in whaling or otherwise have an interest in ensuring the "proper and effective conservation and development of whale stocks" or making "possible the orderly development of the whaling industry." The participation of large numbers of States with no such interest has been a point of controversy in the IWC.

  

Structure

The IWC consists of the Commission itself, a Scientific Committee, two other main committees, the Technical and the Finance and Administration Committees, as well as a number of sub-committees and ad hoc Working Groups to deal with a wide range of issues, such as aboriginal whaling or whale-watching. The policy and decision-making body is the Commission, which is composed of one Commissioner from each contracting government. The main functions of the Commission are: (a) to encourage, recommend or organize studies and investigations relating to whales and whaling; (b) to collect and analyze statistical information concerning whale stocks; and (c) to study, appraise, and disseminate information concerning methods of maintaining and increasing the populations of whale stocks.

     

Functions

The principal manner in which regulations are adopted by the IWC is through the adoption of regulation amending the Schedule, which is an integral part of the Convention. Amendments to the Schedule require a three-quarters majority of the members voting. The Convention permits the adoption of regulations fixing:

(a) protected and unprotected species;
(b) open and closed seasons;
(c) open and closed waters, including the designation of sanctuary areas;
(d) size limits for each species;
(e) time, methods, and intensity of whaling (including the maximum catch of whales to be taken in any one season);
(f) types and specifications of gear and apparatus and appliances which may be used;
(g) methods of measurement; and
(h) catch returns and other statistical and biological records.

These regulations must be "such as are necessary to carry out the objectives and purposes of the Convention and to provide for the conservation, development, and optimum utilization of whale resources; must be based on scientific findings; and must take into consideration the interests of the consumers of whale products and the whaling industry.

Any Party may avoid being bound by an amendment to the Schedule by registering an objection with 90 days of notification of its adoption. If a Party registers an objection with this period, an additional period of 30 days after the receipt of the last objection lodged is allowed for other Parties to withdraw their previously registered approval of the amendment. Once these periods have lapsed, a Party may not subsequently register an objection. As might be expected, use of the objection procedure by whaling States to decisions on amendments to the Schedule has - at times - had a deleterious effect on the IWC, causing considerable delay in adopting measures, in the early years in particular, and undermining the effectiveness of measures actually adopted because of the opting-out of the States actually involved in whaling. More recently, Norway has made use of the objection procedure to resume commercial whaling of minke whale in the North Atlantic.

Originally the enforcement of IWC measures was left to its individual members, but a Protocol was adopted in 1956 which added methods of inspection among those schedule provisions which may be amended by the IWC under Article V. Some years later, in 1972, an international observer scheme was introduced. Under the scheme, observers appointed by the IWC were stationed at the whaling operations of the member governments to confirm their compliance with agreed whaling regulations. For obvious reasons, the Scheme has lapsed since the end of commercial whaling. As part of the development of a comprehensive Revised Management Scheme, the IWC is currently discussing an appropriate framework for new supervision and control procedures and a Working Group was set up in 1994 to discuss the various issues involved.
    

DOCUMENTS AND LINKS

Basic documents
Regulations, resolutions

Schedule to the Convention

Rules of procedure
  

2004 Annual Meeting: Resolutions
2003 Annual Meeting: Resolutions
2001 Annual Meeting: Resolutions
2000 Annual Meeting: Resolutions

More...
 

Links
Reports
IWC website

IGIFL Documents Centre: IWC

More...

2003 Annual Meeting: Chair's Report
2002 Annual Meeting: Chair's Report
2001 Annual Meeting: Chair's Report

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