Fitzmaurice, Malgosia --- "Whaling and inter- and intra-generational equity" [2016] ELECD 564; in Bowman, Michael; Davies, Peter; Goodwin, Edward (eds), "Research Handbook on Biodiversity and Law" (Edward Elgar Publishing, 2016) 297

Book Title: Research Handbook on Biodiversity and Law

Editor(s): Bowman, Michael; Davies, Peter; Goodwin, Edward

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781004784

Section: Chapter 11

Section Title: Whaling and inter- and intra-generational equity

Author(s): Fitzmaurice, Malgosia

Number of pages: 37

Abstract/Description:

The focus of this chapter will be on issues relating specifically to questions of intra- and inter-generational equity and whaling. Therefore the 1946 International Convention on the Regulating of Whaling (ICRW), and the practice of the International Whaling Commission (IWC) established thereunder, will be analysed only in so far as they are relevant to these questions. There is a host of other very important issues relating to whaling (such as the register of whaling vessels, and national control of citizens and vessels), but these have only a marginal or indirect impact on intra- and inter-generational equity and for that reason they will not be discussed in this chapter. The question of intra- and inter-generational equity is very pertinent for the regulation of whaling. The Preamble to the ICRW states as follows: ‘[r]ecognizing the interest of the nations of the world in safeguarding for future generations the great natural resources represented by the whale stocks …’. The Preamble thus clearly refers to future generations in relation to the preservation of whaling stocks. That said, the question of the relations between groups and people within one generation (intra-generational equity) and whaling was not explicitly mentioned in the ICRW but this does not mean that such an issue is irrelevant.