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International Whaling Commission Scenario*

Overview
Later this year, the International Whaling Commission will hold its annual meeting. Member-states of the IWC know that discussions at this meeting will focus on a Japanese proposal made at the previous year's annual gathering to end the moratorium on all commercial whaling.

In anticipation of the IWC meeting, ten key members of the commission are coming together to discuss the Japanese proposal to end the whaling ban. Although this is a working group meeting and not an official meeting of the entire IWC membership, it is assumed that any compromise reached here will likely be adopted and implemented by the rest of the IWC body later this year. While these ten states have agreed to participate in this preliminary meeting, they do not all agree on the moratorium issue.

  • On the general pro-whaling side: Japan, Norway, Russia.
  • On the general anti-whaling side: U.S., Australia, and France.
  • On the neutral and negotiable side: Ireland, Kenya, India, Mexico.

Background Information
The International Whaling Commission was created as a result of the 1946 International Convention for the Regulation of Whaling. The Commission has the dual--and sometimes contradictory--responsibilities of ensuring both the conservation of whales and the orderly development of the whaling industry. Membership in the IWC is voluntary for states, and because all of the original members of the group were whaling countries, they did little to pursue conservation measures. As a result, the commission was considered to be largely ineffective until the 1970s, when many non-whaling countries began to join the commission. This change in membership composition helped to transform the IWC, which now has 41 member-states, and its work on conservation measures since the 1970s has been notable. The results of its efforts are clear: whereas Japan commercially hunted 22,000 whales in 1965, that number was reduced to 2700 by 1987 due to the IWC's quota system.

In 1986, the IWC passed a moratorium on all commercial whaling by the commission's member-states. The commission enacted the ban on whaling in reaction to worldwide concerns that existing whale stocks were depleted and whales were in grave danger of extinction.

In recent years, pro-whaling countries have advocated an end to this moratorium for a variety of reasons, arguing that managed whaling (rather than the existing total ban on whaling) can be both environmentally and economically sound. These countries have questioned the accuracy of the science behind the projections of depleted whale stocks and charge that the IWC--originally created to manage the whaling industry--has been "hijacked" by environmentalists. Officials from pro-whaling countries have tried several tactics to bring about an end to the moratorium. Japan, for example, has increased its scientific hunts of certain species of whales--that is, the killing of whales for a specific scientific purpose, as permitted in the 1946 whaling convention--and has ignored threats from the U.S. that it would enact retaliatory economic sanctions against Japan if it continued these practices. Japan asserts that the imposition of such sanctions would represent unfair trade practices. It also contends that the World Trade Organization would find the threatened U.S. policy to be illegal, were Japan to challenge the United States over the matter.

Anti-whaling states disagree, maintaining that any whaling poses a threat to the survival of species of whales. The recovery and re-emergence of several species of whales from the large-scale exploitation they faced in the past has been slow and would be wholly undermined by a resumption of commercial whaling. Whaling opponents point out that despite the claims that whaling can be done in an "environmentally and economically sound" manner, there is little incentive for for-profit whale hunters to take ecological factors into consideration as they do their business, as an examination of past whaling practices demonstrates. Whale populations are threatened by environmental factors other than whaling, and anti-whaling states maintain that a ban on commercial whaling remains the most effective way to ensure the preservation of whale populations.

Complicating the debate between these two sides is the fact that actual numbers of current whale populations are not available, owing to substantial discrepancies in the data. During the last ten years, the IWC's Scientific Commission has tried to compile numbers on specific species, but its efforts have not yet produced a reliable finished product. Its best estimates at this point suggest that Minke whales are no longer endangered, although most other species under consideration are. The Bowhead, Gray, North Right, and Blue whales, for example, are considered highly endangered. Even when the IWC's Scientific Commission completes its report, disagreement will likely continue, given the uncertainty reflected in the counts. For instance, the commission reported humpback whale numbers to be around 10,000 but has admitted that this number is based on a possible range of between 5,900 to 14,000 humpback whales.

The numbers controversy is furthered by the Convention in the Trading of Endangered Species (CITES), a larger and more diverse international organization operating under the auspices of the United Nations, which has come out with more conservative estimates about the size of whale populations. CITES has stated that, given its estimates about the existing number of whales, managed whaling is not a feasible option. CITES opposes lifting the moratorium on commercial whaling.

Resources
Neutral
http://ourworld.compuserve.com/homepages/iwcoffice/iwc.htm – International Whaling Commission

Pro-whaling
http://www.jp-whaling-assn.com/index_eng.htm – Japan Whaling Association
http://www.worldcouncilofwhalers.com/ - The World Council of Whalers

Anti-whaling
http://www.stopwhalingnow.com/ - International Fund for Animal Welfare
http://www.usagainstwhaling.org/ - US Citizens Against Whaling

Useful Definitions
Whale Hunts: Permit-based kills granted to certain groups under current IWC regulations (for example, scientific hunts and aboriginal community hunts).

Managed Whaling: Sustainable use of the world’s whale resources, can include such measures as designated “safe levels” of catches (without causing species depletion), sanctuaries, quotas etc.

World Trade Organization: An international organization that regulates trade and investment. The WTO has been called on to review the legality of sanctions against countries engaged in whaling activities.

Scientific: In the IWC context, this term applies to practices in the search of knowledge.

High Seas: the equivalent of international waters

Maximum Sustainable Yield (MSY): The scientifically recommended proportion of total catch that would ensure the long-term health of the whale stocks. In this scenario, it is 5% of the total whale stock.

Economic Empowerment Zone (EEZ): The area extending 200 miles from a country’s shore where that country has control over economic activity.

Whale Sanctuary: a physical geographic area of preservation in which regulations exist for the conservation of whales.

Game Mechanics
This international dialogue will use a modified version of the ICONSnet negotiation software, with several additions. The IWC negotiations will be conducted in three, timed rounds. At the end of each round, there will be a vote concerning the end of the moratorium on commercial whaling. The number of actions that each state can take is limited; they can choose to end or keep the moratorium, attaching certain qualifying conditions, if they are so disposed.

Essentially, there are four negotiation outcomes:

  • The moratorium continues, as does the status quo situation, with pro-whaling countries using loopholes to circumvent the ban at times (e.g. Japan and the scientific whaling loophole). It is also possible that some countries would choose to drop their IWC memberships.
  • The moratorium continues, but with negotiated conditions (implies exceptions to the ban, such as those for certain species, certain areas, certain indigenous groups, etc.).
  • The moratorium is lifted and replaced by a managed whaling plan (implies a more liberal approach to whale conservation).
  • The moratorium is ended.

Levels of Compromise
Different levels of compromise can be reached:

  • Perfect Compromise: all ten members agree on an outcome
  • Successful Compromise: eight to nine members agree
  • Satisfactory Compromise: seven members agree.
  • Weak Compromise: six members agree
  • Failure: five or fewer agree

Sub-Issues to be Negotiated
Certain key areas of compromise need to be discussed at the negotiations, they are:

  • Scientific whaling: important enterprise or loophole?
  • High seas v. coastal whaling: what rights do coastal states have, what is the relationship of Economic Empowerment Zones (EEZ) to restrictions?
  • Whale sanctuaries: should they exist? How extensive should they be?
  • Maximum Sustainable Yield (MSY): adequate basis for managed whaling plans?

Possibilities for State Action
These are possible actions (outside/beyond the negotiation arena) that states may take in order to arrive at a compromise or to end the negotiation.

  • Launch legal battle in the World Trade Organization (WTO)
  • Lodge objections with International Whaling Commission (IWC)
  • End membership in International Whaling Commission (IWC)
  • Impose economic sanctions against state X for its positions/actions
*The original scenario and structure for the International Whaling Commission simulation were created by Kathleen Rooney. The ICONS Project acknowledges with gratitude her role in developing this exercise.

 

 

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Last modified: July 13, 2001