Whales and the Climate: They Can Save Each Other
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Date
2024
Authors
Beck, Sydney
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
With the rapid acceleration of climate change in the international community, numerous efforts are being made to combat the increase in the global temperature and the declining health of the oceans. Both domestically and internationally lawsuits are being brought to the courts seeking relief for the various impacts of state practices. One state in particular that could be impacting the health of the ocean and the climate is Japan and its commercial and research whaling practices. While Japan is not the sole country still engaging in commercial and research whaling processes, Japan has caught the most international attention.
The World Wildlife Fund recently stated that whales have the ability to sequester thirty-three tonnes of carbon throughout their lives. Upon the death of the whale, the carbon sequestered stays within the whale for up to one thousand years. This makes whales crucial to the fight against climate change. Now, using UNCLOS as the foundation for a suit, which Japan is a party to, a state may allege that Japan has violated numerous rights and obligations of UNCLOS with respect to its duty to protect the marine environment. If the international courts have the legitimacy to effect lasting change in such a suit, there will be international recognition of climate change.
Description
42 pages
Keywords
United Nations Convention on the Law of the Sea, International Law, Whales, Legitimacy, Climate Law