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Forum Shopping in International Environmental Law: The IWC, CITES, and the Management of Cetaceans

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Abstract:

There is growing concern regarding the primacy of competing international organizations with overlapping areas of interest and competence. This has recently become apparent in the debate among parties to the International Convention for the Regulation of Whaling, the Convention on Trade in Endangered Species, and even the World Trade Organization. The debate involves the most appropriate body to deal with the management of cetaceans, including questions of both legal and illegal trade. This article argues that via the principles of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, and via the specific rules contained within the respective conventions themselves, the International Whaling Commission is in the best position to handle this task.

Keywords: CONVENTION ON THE INTERNATIONAL TRADE IN ENDANGERED SPECIES; INTERNATIONAL WHALING COMMISSION; VIENNA CONVENTION ON THE LAW OF TREATIES BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/00908320252796016

Publication date: January 1, 2002

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