TROUBLED WATERS - Whale and Dolphin Conservation Society

animals, such as the UN Declarations banning drift nets and conventions dealing with marine pollution.14 http://www.un.org/Depts/los/index.htm15 UNCLOS, Article 65, 120.16 ibid17 See www.iwcoffice.org18 ‘Humane Killing’ was first raised as an issue by the IWC in 1957 at its 9th annual meeting.19 see www.cites.org20 All ‘baleen’ species and the sperm whale. Appendix I also includes some endangered species of marine andfreshwater dolphins, porpoises and small whales.21 The welfare of Appendix I and II species that are traded internationally is covered under Articles II and lVrespectively. Likewise, the text considers the welfare of species that are ‘bred in captivity’ for commercialpurposes (Res. Conference 12:10) and considers the humane treatment of animals in rescue centres (ArticleVlll.5).22 IWC Resolutions 1994-7; 1995-6; 1996-3; 1997-2 and 1998-8,1999-6.23 See www.wcmc.org.uk/cms/24 CMS 1979, art I (1)(a).25 CMS 1979, art III (4)(5).26 CMS 1979, art IV and V.LEGAL PRECEDENTS FOR WHALE PROTECTION12127 http://www.nature.coe.int/english/cadres/bern.htm28 Article 11.229 See www.wcmc.org.uk/cms/30 For example, the ICRW.31 The International Law Commission in 1964 unanimously adopted Draft Article 38, which directly addressesthe issue of modification by customary law. The article uses the wording; inter alia, “modification of a treatyby a subsequent practice or by customary law.”. The operation of a treaty may also be modified:(a) by a subsequent treaty between the parties relating to the same subject matter...(b) by subsequent practice of the parties in the application of the treaty establishing their agreement to analteration...(c) by the subsequent emergence of a new rule of customary law relating to matters dealt with in the treatyand binding upon all parties...”32 17 UN GAOR (1962), Plenary Meeting.33 17 UN GAOR (1962) Plenary Meeting, 235.34 Soft Law has usually been defined as agreements on principles that are non-binding. Often these agreementsare laid down in declarations, charters, and so forth that reflect ethical conceptions that have not yet foundtheir way into law.35 D’Amato & Chopra, 1991, supra note 63.36 For a full account this argument see Frazier Nash R, The Rights of Nature: A History of Environmental Ethics(University of Wisconsin Press, Wisconsin, 1989) at prologue; Singer P, Practical Ethics: second edition(Cambridge University Press, Cambridge, 1993); The extent of any legal right clearly depends on what the