Are Twentieth-Century Marine Conservation Conventions Adaptable to Twenty First Century Goals and Principles?: Part II

Are Twentieth-Century Marine Conservation Conventions Adaptable to Twenty First Century Goals and... 488 Are Twentieth-Century Marine Conservation Conventions Adaptable to Twenty First Century Goals and Principles?: Part II Patricia Birnie Visiting Fellow, London School of Economics ABSTRACT Part II examines the impacts on the interpretation and application of the International Convention for Regulation of Whaling 1946 and the London Dumping Convention 1972 of the new concepts, principles and developments in international law outlined in Part I (1997) 12 IJMCL 307-39, including resultant legal disputes and the actions taken to settle them. It considers why parties to such conventions do not invoke binding dispute settlement procedures, even if established, but prefer to resolve the legal arguments by negotiation within the fora provided by these conventions, if necessary over long periods of time. Introduction As noted in Part I, no special category has ever been created in international law for the treaties establishing international bodies that fulfil such practical functional roles as do the International Whaling Commission (IWC), created by the International Convention for the Regulation of Whaling (ICRW),1 and the Consultative Meetings of the Contracting Parties to the London Conven- tion,2 which controls the dumping of wastes at sea. In the absence of such a distinction, it must be assumed that http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

Are Twentieth-Century Marine Conservation Conventions Adaptable to Twenty First Century Goals and Principles?: Part II

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Publisher
Brill
Copyright
© 1997 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
D.O.I.
10.1163/157180897X00338
Publisher site
See Article on Publisher Site

Abstract

488 Are Twentieth-Century Marine Conservation Conventions Adaptable to Twenty First Century Goals and Principles?: Part II Patricia Birnie Visiting Fellow, London School of Economics ABSTRACT Part II examines the impacts on the interpretation and application of the International Convention for Regulation of Whaling 1946 and the London Dumping Convention 1972 of the new concepts, principles and developments in international law outlined in Part I (1997) 12 IJMCL 307-39, including resultant legal disputes and the actions taken to settle them. It considers why parties to such conventions do not invoke binding dispute settlement procedures, even if established, but prefer to resolve the legal arguments by negotiation within the fora provided by these conventions, if necessary over long periods of time. Introduction As noted in Part I, no special category has ever been created in international law for the treaties establishing international bodies that fulfil such practical functional roles as do the International Whaling Commission (IWC), created by the International Convention for the Regulation of Whaling (ICRW),1 and the Consultative Meetings of the Contracting Parties to the London Conven- tion,2 which controls the dumping of wastes at sea. In the absence of such a distinction, it must be assumed that

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 1997

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