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Stephenson S.,Center for International Sustainable Development Law | Mooers A.,Simon Fraser University | Attaran A.,University of Ottawa
Transnational Environmental Law | Year: 2014

The competency debate over small cetacean regulation at the International Whaling Commission (IWC) is legal in nature, yet has been in a political stalemate for years. In this article we argue that the IWC has the competence to regulate small cetaceans and that the commercial whaling of 'small cetaceans' is a violation of the moratorium on commercial whaling. We present hybrid legal and scientific arguments and counter-arguments for the treaty interpretation of the International Convention for the Regulation of Whaling and, given recent precedent, advocate that the International Court of Justice be called upon to resolve this matter. Copyright © Cambridge University Press 2014.


Segger M.C.C.,Center for International Sustainable Development Law | Phillips F.-K.,Center for International Sustainable Development Law
Journal of Forest Research | Year: 2015

Sustainable development requires establishing a functional balance between socioeconomic development and environmental protection, with traditional knowledge (TK) held by indigenous and local communities (ILCs), including traditional practices of conservation and sustainable use of natural resources, playing an integral role in achieving global sustainable development goals. This paper looks at the inclusion of TK in two principle regimes: the United Nations Convention on Biological Diversity (CBD), and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). It explains TK within this context, summarizes key elements of applicable legal frameworks, and analyzes certain legal measures from domestic implementation of the treaties. It suggests that traditional knowledge of ILCs provides a channel for sustainable development which has been nurtured for centuries and should be more effectively integrated into decision-making procedures through greater protections for TK and local empowerment of ILCs for governance and equitable benefit sharing. © 2015, The Japanese Forest Society and Springer Japan.

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