Marine Mammal Conservation and the Law of the Sea

by Cameron S. G. Jefferies

Overview

Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework.

Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.

Product Details

ISBN-13:	9780190493141
Publisher:	Oxford University Press
Publication date:	08/09/2016
Pages:	418
Product dimensions:	6.30(w) x 9.40(h) x 1.30(d)

About the Author

Dr. Cameron S. G. Jefferies is an Assistant Professor at the University of Alberta, Faculty of Law. Dr. Jefferies holds a BSC and LLB from the University of Alberta and an LLM and SJD in Oceans Law & Policy from the University of Virginia School of Law, and has written numerous articles and book chapters on oceans law, shark and marine mammal conservation, and environmental law.

Table of Contents

Preface by John Norton Moore

Acknowledgments

Abbreviations

Chapter 1 - Introduction
I. Unfinished Business
II. Conservation, Sustainability, and Other Key Terms
III. Foundational Works
IV. The Global Ocean
V. Marine Mammals
VI. Conclusion

Chapter 2 - The Current Marine Mammal Regulatory Landscape
I. Resource Type and Economic Considerations
II. Legal Foundation of International Ocean Governance
III. Conclusion

Chapter 3 - Goals for the Rational Conservation of Marine Mammals and Emerging Ethical Considerations
I. Rational Decision-Making Model
II. Goals for Rational Marine Mammal Management
III. Ethical Considerations
IV. Conclusion 191

Chapter 4 - Modern Threats to Marine Mammals
I. Current Threats to Marine Mammals 193
II. Features of a New Response 253
III. Conclusion 254

Chapter 5 - The Case for an Implementing Agreement Pursuant to Articles 65 and 120 of UNCLOS and the Creation of an International Marine Mammal Commission
I. Legally Justified Options for International Marine
Mammal Conservation
II. UNCLOS Implementing Agreements
III. The History and Interpretation of Articles 65 and 120 of UNCLOS
IV. Treaty Termination and International Organization Succession
V. Jurisdictional Limits
VI. Conclusion

Chapter 6 - The Proposal: Part I — The Framework for a New Approach
I. Introduction
II. Constructing the Framework for a UN Marine Mammals Agreement
III. Conclusion

Chapter 7 - The Proposal: Part II - The Secretariat, Regionalism, and Marine Protected Areas
I. Introduction
II. Institutional Structure & the Secretariat
III. Regionalism
IV. Marine Protected Areas
V. Conclusion

Chapter 8 - Concluding Thoughts

Appendices

Appendix 1: Extant and Recently Extinct Marine Mammal Species

Appendix 2: Ocean Zones

Appendix 3: Draft Agreement for the Implementation of the Provisions of the
United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Sustainable Management of Marine Mammals (Short form: UN Marine Mammals Agreement)

Appendix 4: Structure of the Proposed International Regime for the Conservation of Marine Mammals

Index

Editorial Reviews

"Marine Mammal Conservation and the Law of the Sea provides a timely re-examination of the regulation of marine mammals and proffers a series of informed and helpful proposals for reform. There is much to admire in the proposed new regulator and Jefferies provides an array of well-considered solutions to some of the thornier problems afflicting the IWC in particular. ... Jefferies has a deeply engaging style and presents an enormous amount of legal and scientific information in a clear and compelling manner, and the book itself is a very enjoyable read. ... the international community will find much of value in Cameron Jefferies's excellent account of the core issues at stake." — Richard Caddell, The International Journal of Marine and Coastal Law

"Dr. Jefferies' excellent book, Marine Mammal Conservation and the Law of the Sea, fills an important need in the scholarly literature by providing a thorough and well-researched analysis of international law's treatment of marine mammal protection. The book has three primary strengths. First, it offers a comprehensive review and assessment of existing international law protections for marine mammals. Second, it examines critical ethical dimensions of marine mammal conservation, highlighting important issues at the intersection of environmental law and animal welfare law. Third, it provides valuable and effective recommendations for reform, including a proposed International Marine Mammal Commission and an evaluation of marine protected areas as an effective management tool." - Randall S. Abate, Professor of Law and Director, Center for International Law and Justice, Florida Agricultural and Mechanical University College of Law

"Up-to-date, insightful, and comprehensive. This is a masterful work that covers and provides guidance on all of the most critical decisions facing the conservation of cetaceans in the 21st century." - Alexander Gillespie, Professor of Law, The University of Waikato

"... instantly the leading text on all aspects of the international regulation of marine mammals. The author provides a detailed study of the history and current status of global, regional, and national marine mammal management including the paralytic operation of the IWC and an expansive discussion of the conservation-preservation debate that has been the core cause of the paralysis. While telling the story well, Dr. Jefferies goes further with an impressive chapter devoted to the current challenges to the conservation of marine mammals which includes: global climate change; by-catch; ship strikes; environmental pollution, and ecotourism. Bravely, convincingly, and creatively the author calls for a compromise between the conservationists and preservationists through the replacement of the IWC with an implementing agreement within the framework of the Law of the Sea Convention." - Ted L. McDorman, Professor of Law, University of Victoria

"Jefferies' book makes a significant contribution to the existing literature, not only for its comprehensive treatment of the expansive issue of marine mammal conservation but also for its problem-solving orientation... Even if it is primarily a work of legal scholarship, this work transcends disciplinary boundaries and will be of interest to diplomats, policy makers and environmental advocates among others." - Howard S. Schiffman, Review of European Community and International Environmental Law

"By briefly presenting and analysing the core issues surrounding pre-existing regulatory regimes that in one way or another impact marine mammal species, [Jefferies] rightfully centres his argument around the gap in these regimes to purposefully address issues other than the lethal taking of marine mammals. Based on this, and using the 1946 International Convention for the Regulation of Whaling (ICRW) as a case in point, Jefferies therefore justifies the need for an international regime for marine mammals . . . The book is very thoroughly researched and convincingly argued and should serve as a guidebook for all parties involved in the debate surrounding marine mammal conservation." - Nikolas Sellheim, Polar Record: A Journal of Arctic and Antarctic Research

"Jefferies work exemplifies profound academic creativity and a thought experiment that will hopefully trigger vivid discussions on the future of marine mammal legal regulation." -Johannes Fuchs, Max Planck Yearbook of United Nations Law Online

From the Publisher