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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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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