¹ 10 December 1982, 1833 UNTS 3. Art 65 provides: “Nothing in this Part restricts the right of a coastal State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in this Part. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study.” Art 120 provides: “Article 65 also applies to the conservation and management of marine mammals in the high seas.”

² Cameron SG Jefferies, Marine Mammal Conservation and the Law of the Sea (Oxford: Oxford University Press, 2016) at 37.

³ 2 December 1946, 161 UNTS 72.

⁴ William T Burke, “A New Whaling Agreement and International Law” in Robert L Friedheim, ed, Toward a Sustainable Whaling Regime (Seattle: University of Washington Press, 2001) 51.

⁵ 4 December 1995, 2167 UNTS 3 [Fish Stocks Agreement].

⁶ Whaling in the Antarctic (Australia v Japan: New Zealand Intervening), Judgment, [2014] ICJ Rep 226.

⁷ Jefferies, supra note 2 at 348.

⁸ Fish Stocks Agreement, supra note 5, art 17 reads: “A State which is [a party to the UN Fish Stock Agreement but] not a member of a subregional or regional fisheries management organization or is not a participant in a subregional or regional fisheries management arrangement, and which does not otherwise agree to apply the conservation and management measures established by such organization or arrangement, is not discharged from the obligation to cooperate, in accordance with the Convention and this Agreement, in the conservation and management of the relevant straddling fish stocks and highly migratory fish stocks.”

⁹ Ted L McDorman, “Canada and Whaling: An Analysis of Article 65 of the Law of the Sea Convention” (1998) 29 Ocean Dev & Int’l L 179.

¹⁰ Ibid at 188.

¹¹ Ibid.

¹² Ibid.