The interplay of international law and domestic law: the case of Australia's efforts to protect whales
- Publisher:
- Thomson Lawbook Company
- Publication Type:
- Journal Article
- Citation:
- Blay Sam and Bubna-Litic Karen 2006, 'The interplay of international law and domestic law: the case of Australia's efforts to protect whales', Thomson Lawbook Co., vol. 23, no. December, pp. 465-489.
- Issue Date:
- 2006
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2006005358.pdf | 2.03 MB |
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Whaling in general, and Japanese "scientific whaling" in particular, is a vexed
issue that requires urgent attention. There seems to be insufficient
international support for the conservation of whales. Australia's attempts to
outlaw whaling in the AWS with the EPBe Act therefore stands out as a
laudable step that should be emulated by the rest of the international
community. Whaling in international waters, however, is an international
issue. It is therefore doubtful if Australia can use the EPBe Act to archive the
objective of protecting whales in the Antarctic without breaching its
international obligations. In the struggle to achieve an international ban on
commercial whaling, the case of Humane Society International v Kyodo
Senpaku Kaisha Ltd is thus hardly a victory. The courtroom is not an
appropriate battlefield if Australia is to win the battle to stop commercial
whaling. The environmental movement needs to rethink its strategies with a
new focus on international law and diplomacy.
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