Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean
This Article examines Australia's attempt to protect whales in the Antarctic Southern Ocean, in an area that almost all states consider beyond national jurisdiction. Such an examination is important because of the apparently intractable divide on the issue in the International Whaling Commissio...
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2009
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ftbostoncollelaw:oai:lawdigitalcommons.bc.edu:ealr-1010 2023-05-15T14:00:12+02:00 Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean Anton, Donald K 2009-01-01T08:00:00Z application/pdf https://lawdigitalcommons.bc.edu/ealr/vol36/iss2/3 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1010&context=ealr unknown Digital Commons @ Boston College Law School https://lawdigitalcommons.bc.edu/ealr/vol36/iss2/3 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1010&context=ealr Boston College Environmental Affairs Law Review Environmental Law Law of the Sea text 2009 ftbostoncollelaw 2021-08-06T11:00:41Z This Article examines Australia's attempt to protect whales in the Antarctic Southern Ocean, in an area that almost all states consider beyond national jurisdiction. Such an examination is important because of the apparently intractable divide on the issue in the International Whaling Commission. The Article begins by outlining the evolution of the Australian cultural and legal posture toward whaling. It also sets out current Australian whaling law, including the establishment of the Australian Whale Sanctuary in the Exclusive Economic Zone of the Australian mainland and external territories (including the purported Australian Antarctic Territory in the Southern Ocean). The Article then analyzes how municipal litigation has been deployed as a protection strategy in Australian courts by NGOs in an attempt to protect whales in the Antarctic Southern Ocean. The Article then turns attention to significant legal limits and problems connected to this strategy. Finally, the Article concludes by highlighting the benefits and costs associated with the unilateral Australian legal approach in the Southern Ocean. Text Antarc* Antarctic Southern Ocean Digital Commons @ Boston College Law School Antarctic Australian Antarctic Territory Southern Ocean The Antarctic |
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Digital Commons @ Boston College Law School |
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ftbostoncollelaw |
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topic |
Environmental Law Law of the Sea |
spellingShingle |
Environmental Law Law of the Sea Anton, Donald K Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean |
topic_facet |
Environmental Law Law of the Sea |
description |
This Article examines Australia's attempt to protect whales in the Antarctic Southern Ocean, in an area that almost all states consider beyond national jurisdiction. Such an examination is important because of the apparently intractable divide on the issue in the International Whaling Commission. The Article begins by outlining the evolution of the Australian cultural and legal posture toward whaling. It also sets out current Australian whaling law, including the establishment of the Australian Whale Sanctuary in the Exclusive Economic Zone of the Australian mainland and external territories (including the purported Australian Antarctic Territory in the Southern Ocean). The Article then analyzes how municipal litigation has been deployed as a protection strategy in Australian courts by NGOs in an attempt to protect whales in the Antarctic Southern Ocean. The Article then turns attention to significant legal limits and problems connected to this strategy. Finally, the Article concludes by highlighting the benefits and costs associated with the unilateral Australian legal approach in the Southern Ocean. |
format |
Text |
author |
Anton, Donald K |
author_facet |
Anton, Donald K |
author_sort |
Anton, Donald K |
title |
Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean |
title_short |
Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean |
title_full |
Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean |
title_fullStr |
Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean |
title_full_unstemmed |
Antarctic Whaling: Australia's Attempt to Protect Whales in the Southern Ocean |
title_sort |
antarctic whaling: australia's attempt to protect whales in the southern ocean |
publisher |
Digital Commons @ Boston College Law School |
publishDate |
2009 |
url |
https://lawdigitalcommons.bc.edu/ealr/vol36/iss2/3 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1010&context=ealr |
geographic |
Antarctic Australian Antarctic Territory Southern Ocean The Antarctic |
geographic_facet |
Antarctic Australian Antarctic Territory Southern Ocean The Antarctic |
genre |
Antarc* Antarctic Southern Ocean |
genre_facet |
Antarc* Antarctic Southern Ocean |
op_source |
Boston College Environmental Affairs Law Review |
op_relation |
https://lawdigitalcommons.bc.edu/ealr/vol36/iss2/3 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1010&context=ealr |
_version_ |
1766269204843986944 |