Balancing conservation and cultural rights: how the International Whaling Commission's policies shape Indigenous and commercial whaling practices

Abstract

The International Whaling Commission (IWC), established by the 1946 International Convention for the Regulation of Whaling, creates international rules that distinguish among commercial, scientific, and aboriginal subsistence whaling. Since the 1982 moratorium on commercial whaling, which entered into force in 1986, the IWC has continued to recognize and manage Indigenous subsistence hunts with the explicit objectives of maintaining whale populations at healthy levels while enabling Indigenous peoples to continue culturally and nutritionally necessary hunts. Each form of whaling has its own unique regulations and enforcement mechanisms, binding states and communities under international law. These regulatory arrangements establish a legal and management framework that must strike a balance between species conservation and Indigenous rights and cultural survival. This paper explores the complicated relationship between Indigenous self-determination, the limitations of international law, and conservation challenges.