Marine Mammal Conservation and the Law of the Sea

About this book

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. Marine Mammal Conservation and the Law of the Sea 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.

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

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Biography

Cameron S. G. Jefferies is Assistant Professor and Borden Ladner Gervais Fellow at the University of Alberta Law Centre. 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.