國際捕鯨委員會 正常化와 沿岸捕鯨 再開

• 영문명: The Future and Feasibility of Coastal Whaling in the Ongoing IWC Reform Process and Package(s)
• 발행기관: 국제법평론회
• 저자명: 박현진(Hyun-jin Park)
• 간행물 정보: 『국제법평론』제29호, 109~131쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.04.30

영문 초록

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

Ⅰ. 서언

Ⅱ. 일본의 소규모 연인포경

Ⅲ. 정상화 논의

Ⅳ. 로마 회기간ㆍ소작업반 회의

Ⅴ. IWC의 장래ㆍ정상화와 도전

Ⅵ. IWC 정상화의 방향

Ⅶ. 결어

〈Abstract〉

키워드

정상화 고래복지 혼획 연안포경 과학조사포경 원주민생존포경 관경 개정관리절차 개정관리제도 일괄타결안 JARPA Ⅱ JARPN normalization coastal whaling scientific whaling aboriginal subsistence whaling whale welfare whale-watching by-catch Revised Management Procedure Revised Management Scheme