國際捕鯨委員會 正常化와 沿岸捕鯨 再開 = The Future and Feasibility of Coastal Whaling in the Ongoing IWC Reform Process and Package(s)

다국어 초록 (Multilingual Abstract)

In a dramatic tum of events, the International Whaling Commission (IWC) has retumed to reform and normalization mode. The turnaround came in 2008 after 22 years of bitter bipartisan wrangling leaving the Commission plagued by polarization and stranded at a crossroads over the resumption of commercial whaling. The British-headquartered organization was created by the 1946 International Convention for the Regulation of Whaling.
Tasked to effectively conserve and manage 12 species of large whales around the globe, the IWC was denounced for having departed from its Conventional mandate of ensuring proper and effective conservation and sustainable use of large cetaceans in 1986 when it effected moratorium on commercial whaling. Japan retorted back with a large-scale scientific whaling in the Antarctic and northwest Pacific Oceans, a Conventional right of any contacting governmen(Art. Ⅷ). It has also applied for a quota for its traditional coastal whaling.
The IWC’s competence was irrevocably challenged in its 59th Annual Meeting in Anchorage, Alaska in June 2007 when Japan targeted at the anti-whaling group on the validity of distinction between commercial, coastal and aboriginal subsistence whaling and threatened to withdraw from the Convention. In its 60th Annual Meeting in Santiago, Chile last June, the Commission finally agreed to mend its fences and to discuss ways to normalize its workings.
A Small Working Group(SWG) consisting of 28 member countries was commissioned to assist the Commission to arrive at a consensus solution to 33 issues outstanding by developing a package or packages of proposals for the latter’s review in the Madeira Annual Meeting this June. The Group submitted to the Rome inter-sessional meeting of March 2009 its interim Report proposing urgent action on, inter alia, Japanese small-type coastal and scientific whaling.
One remaining obstacle to adopting the SWG’s package of proposals by consensus in the Madeira or subsequent meetings would be the objection of Australia and New Zealand to Japanese scientific whaling in the Antarctic Ocean. An incentive for tradeoff, nevertheless, does exist insofar as the two opposing camps can agree on Japanese coastal whaling in exchange for tougher monitoring/compliance measures relating to e.g. by-catch, whale welfare, small cetaceans and non-lethal use in the upcoming package deal.

목차 (Table of Contents)

• Ⅰ. 서언
• Ⅱ. 일본의 소규모 연인포경
• Ⅲ. 정상화 논의
• Ⅳ. 로마 회기간ㆍ소작업반 회의
• Ⅴ. IWC의 장래ㆍ정상화와 도전
• Ⅵ. IWC 정상화의 방향
• Ⅶ. 결어
• 〈Abstract〉

참고문헌 (Reference)

1 "http://www.iwcoffice.org/commission/futuredocs.htm#sep08"

2 "http://www.iwcoffice.org/commission/futuredocs.htm#dec08"

3 R.R. Churchill, "The law of the sea(3rd edn." Manchester University Press 318-318, 1999

4 IWC, "Report on the Small Working Group(SWG) on the Future of the International Whaling Commission," presented by Alvaro de Soto, SWG Chairman, Feb. 2, 2009, IWC/ MO9/4"

5 "RESOLUTION ON THE SAFETY OF VESSELS ENGAGED IN WHALING AND WHALE RESEARCH-RELATED ACTIVITIES"

6 "RESOLUTION ON SAFETY AT SEA AND PROTECTION OF THE ENVIRONMENT"

7 Republic of Korea, "Opening Statement, Rome intersessional meeting"

8 IWC, "Improved Review of Special Permit Proposals and Results from Existing and Completed Permits(Process for the Review of Special Permit Proposals and Research Results from Existing and Completed Permits), Report of the Scientific Committee, Annex P, Santiago Annual Meeting, 2008"