An ecopolicy perspective for sustaining living marine species

Ocean Development and International Law

Volumn 30, Issue 1, 1999, Pages 1-41

  Von Zharen, W M ^a,b  

^a TEXAS A AND M UNIVERSITY   (United States)

^b TEXAS A AND M UNIVERSITY AT GALVESTON   (United States)

Author keywords

Ecopolicy; Ecosystem; Environmental management system; Ethics; Holistic; International; Living marine species; Marine resources; Stewardship; Sustainable

Indexed keywords

ENVIRONMENTAL MANAGEMENT; MARINE POLICY; MARINE RESOURCE; RESOURCE MANAGEMENT;

EID: 0032991098     PISSN: 00908320     EISSN: None     Source Type: Journal    
DOI: 10.1080/009083299276230     Document Type: Article

References (411)

1. Most recently, a vocal minority has maintained that humans have no right to kill other nonhuman animals, that they have a duty to protect other species' right to exist without interference from humans, that all life must be viewed as biocenoses, and that humans are simply another entity in the biocentric paradigm. In a forthcoming book entitled Species Law; Species Ethics, this author addresses such issues.
2. An ecopolicy precept outside the scope of this article but assumed by the author is that such an alternative policy will require contemplative analysis of how humans should ultimately perceive living marine species: as a resource or as fellow inhabitants.
3. See generally, Brian J. Rothchild, "How Bountiful Are Ocean Fisheries?" 2 Consequences: The Nature & Implications of Envtl. Change 14 (1996).
4. For an excellent and thorough discussion of issues and challenges of conserving living species from a scientific point of view, see A. V. Yablokov and S. A. Ostroumov, Conservation of Living Nature and Resources: Problems, Trends, and Prospects (1991).
5. International Convention for the Regulation of Whaling (with Schedule of Whaling Regulations), Dec. 2, 1946, art. VII, 62 Stat. 1716, 1719, 161 U.N.T.S. 74, 82 (entered into force Nov. 10, 1948) [hereinafter ICRW]. This convention was implemented in U.S. law by the Whaling Convention Act of 1949, 16 U.S.C. § 916 (1994). This convention is discussed infra under the section entitled "A Paradigm of Ecophilosophy Development: The IWC."
6. See, e.g., "U.S. Effort to Stop Whaling for Research Brings Protest," N.Y. Times, June 23, 1987, at B8; "Whale Hunting Controls Imposed," Chi. Trib., June 26, 1987, at C10.
7. See, e.g., "U.S. Effort to Stop Whaling for Research Brings Protest," N.Y. Times, June 23, 1987, at B8; "Whale Hunting Controls Imposed," Chi. Trib., June 26, 1987, at C10.
8. "Minke Whaling Ban Reconsidered by Commission" (National Public Radio Morning Edition, June 29, 1992); "Whaling: The Position of the Norwegian Government," Environment, Sept. 1994, at 12. For general discussion of whaling regulations, see International Regulation of Whaling: From Conservation of Whaling to Conservation of Whales and Regulation of Whalewatching (Patricia Birnie comp. and ed., 1985); and Marc Leepson, Whaling: End of an Era (Editorial Research Reports, vol. 2, no. 12, 1985).
9. "Minke Whaling Ban Reconsidered by Commission" (National Public Radio Morning Edition, June 29, 1992); "Whaling: The Position of the Norwegian Government," Environment, Sept. 1994, at 12. For general discussion of whaling regulations, see International Regulation of Whaling: From Conservation of Whaling to Conservation of Whales and Regulation of Whalewatching (Patricia Birnie comp. and ed., 1985); and Marc Leepson, Whaling: End of an Era (Editorial Research Reports, vol. 2, no. 12, 1985).
10. "Minke Whaling Ban Reconsidered by Commission" (National Public Radio Morning Edition, June 29, 1992); "Whaling: The Position of the Norwegian Government," Environment, Sept. 1994, at 12. For general discussion of whaling regulations, see International Regulation of Whaling: From Conservation of Whaling to Conservation of Whales and Regulation of Whalewatching (Patricia Birnie comp. and ed., 1985); and Marc Leepson, Whaling: End of an Era (Editorial Research Reports, vol. 2, no. 12, 1985).
11. "Minke Whaling Ban Reconsidered by Commission" (National Public Radio Morning Edition, June 29, 1992); "Whaling: The Position of the Norwegian Government," Environment, Sept. 1994, at 12. For general discussion of whaling regulations, see International Regulation of Whaling: From Conservation of Whaling to Conservation of Whales and Regulation of Whalewatching (Patricia Birnie comp. and ed., 1985); and Marc Leepson, Whaling: End of an Era (Editorial Research Reports, vol. 2, no. 12, 1985).
12. J. Madeleine Nash, "The Fish Crisis: The Oceans that Once Seemed a Bottomless Source of High-protein, Low-fat Food Are Rapidly Being Depleted," Time, Aug. 11, 1997, at 65.
13. Susan Pollack, "The Last Fish Closing of Newfoundland Fishing Grounds," 80 Sierra No. 4, at 48 (1995).
14. Paul Brown and John Vidal, "Foreign Focus/Plundered Oceans: Catastrophe Threatens World's Fisheries As Stocks Fall: Three Studies in Extermination," The Guardian (London), Mar. 12, 1994, at 16.
15. The Grand Banks lie off the coast of Newfoundland. See World Review of Highly Migratory Species and Straddling Stocks (Food and Agriculture Organization of the United Nations, Fisheries Technical Paper No. 337, 1994).
16. Michael D. Lemonick, "Too Few Fish in the Sea: After Reaping the Oceans' Bounty with Careless Abandon, the World Struggles to Save an Irreplaceable Food Source," Time, Apr. 4, 1994, at 70.
17. See, e.g., Michael Sutton, "New Hope for Marine Fisheries," Marine Stewardship Council Initiative, Environmental Strategy Europe 1996/1997, at 1 (1996) (available from World Wildlife Fund's Endangered Seas Campaign, World Wildlife Fund International, Gland, Switzerland); and William Montalbano, "Resources: The Chips Are Down," The Guardian (London), Mar. 15, 1995, at 5.
18. See, e.g., Michael Sutton, "New Hope for Marine Fisheries," Marine Stewardship Council Initiative, Environmental Strategy Europe 1996/1997, at 1 (1996) (available from World Wildlife Fund's Endangered Seas Campaign, World Wildlife Fund International, Gland, Switzerland); and William Montalbano, "Resources: The Chips Are Down," The Guardian (London), Mar. 15, 1995, at 5.
19. Hiroya Sano, "Joint Action Needed to Revive Fish Stocks," Nikkei Wkly., Apr. 1, 1996, at 7.
20. Janet Raloff, "U.N. Treaty to Aid 'International' Fish: United Nations Treaty to Protect Fish Not Yet Regionally Managed," 148 Sci. News 389 (1995).
21. Id.
22. Interestingly, it was not too many years ago that the FAO, which now admonishes nations for allowing overfishing, encouraged industrial harvesting through promoting government subsidies to build large factory ships capable of "clear-cutting" the oceans' bottoms. Fish harvest increased four times over between 1950 and 1990. Fleets were equipped as floating factory ships with state-of-the-art innovations such as sonar fish finders, helicopters to track the fish, purse seiners with vast nets, and draggers. Subsidies by governments to keep vessels afloat have also contributed to the problem: the FAO estimates that in 1992, for example, the global fishing industry was subsidized with $54 billion even while the industry lost $50 billion. "Just When You Thought It Was Safe," The Economist, Nov. 16, 1996, at 23. See also infra note 26 for statistics on industry expenditures.
23. Some High Seas Fisheries Aspects Relating to Straddling Fish Stocks and Highly Migratory Fish Stocks at 5, UN Doc. A/CONF.164/INF/4 (1993).
24. See Michael Satchell, "The Rape of the Oceans," U.S. News & World Rep., June 22, 1992, at 64, 67. See generally, Christopher B. Daly, "New England Fishermen Crying Foul," Wash. Post, Dec. 14, 1994, at A3; and Christopher B. Daly, "Fishermen Beached As Harvest Dries Up," Wash. Post, Mar. 31, 1994, at A3.
25. See Michael Satchell, "The Rape of the Oceans," U.S. News & World Rep., June 22, 1992, at 64, 67. See generally, Christopher B. Daly, "New England Fishermen Crying Foul," Wash. Post, Dec. 14, 1994, at A3; and Christopher B. Daly, "Fishermen Beached As Harvest Dries Up," Wash. Post, Mar. 31, 1994, at A3.
26. See Michael Satchell, "The Rape of the Oceans," U.S. News & World Rep., June 22, 1992, at 64, 67. See generally, Christopher B. Daly, "New England Fishermen Crying Foul," Wash. Post, Dec. 14, 1994, at A3; and Christopher B. Daly, "Fishermen Beached As Harvest Dries Up," Wash. Post, Mar. 31, 1994, at A3.
27. Satchell, supra note 19, at 67. Commercial extinction occurs when fish stocks fall below the level of profitable harvest.
28. Gene Mueller, "It's Time We All Support New Measures to Ensure Shark Species Survival," Wash. Times, Feb. 5, 1997, at B3.
29. See, e.g., Tony Bartelme, "Technology, Competition Swamp Fisheries," Post & Courier (Charleston, SC), June 24, 1996, at 1; "Save the Lonely Turbot," S.F. Chron., Mar. 31, 1995, at A24; Stephan Savoia, "A Way of Life Disappearing with the Cod," L.A. Times, July 17, 1994, at 23; David Usborne, "Empty Seas Lash Newfoundland: Cod 'Pirates' and Factory Ships Have Robbed a Canadian Community of Its Centuries-old Way of Life," The Independent, May 1, 1994, at 15 ; and Anne Swardson, "Canada Closes Section of Atlantic to Fishing, 12,000 Expected to Lose Jobs, Dwindling Supply of Cod Leaves Scientists Mystified," Wash. Post, Sept. 1, 1993, at A26.
30. See, e.g., Tony Bartelme, "Technology, Competition Swamp Fisheries," Post & Courier (Charleston, SC), June 24, 1996, at 1; "Save the Lonely Turbot," S.F. Chron., Mar. 31, 1995, at A24; Stephan Savoia, "A Way of Life Disappearing with the Cod," L.A. Times, July 17, 1994, at 23; David Usborne, "Empty Seas Lash Newfoundland: Cod 'Pirates' and Factory Ships Have Robbed a Canadian Community of Its Centuries-old Way of Life," The Independent, May 1, 1994, at 15 ; and Anne Swardson, "Canada Closes Section of Atlantic to Fishing, 12,000 Expected to Lose Jobs, Dwindling Supply of Cod Leaves Scientists Mystified," Wash. Post, Sept. 1, 1993, at A26.
31. See, e.g., Tony Bartelme, "Technology, Competition Swamp Fisheries," Post & Courier (Charleston, SC), June 24, 1996, at 1; "Save the Lonely Turbot," S.F. Chron., Mar. 31, 1995, at A24; Stephan Savoia, "A Way of Life Disappearing with the Cod," L.A. Times, July 17, 1994, at 23; David Usborne, "Empty Seas Lash Newfoundland: Cod 'Pirates' and Factory Ships Have Robbed a Canadian Community of Its Centuries-old Way of Life," The Independent, May 1, 1994, at 15 ; and Anne Swardson, "Canada Closes Section of Atlantic to Fishing, 12,000 Expected to Lose Jobs, Dwindling Supply of Cod Leaves Scientists Mystified," Wash. Post, Sept. 1, 1993, at A26.
32. See, e.g., Tony Bartelme, "Technology, Competition Swamp Fisheries," Post & Courier (Charleston, SC), June 24, 1996, at 1; "Save the Lonely Turbot," S.F. Chron., Mar. 31, 1995, at A24; Stephan Savoia, "A Way of Life Disappearing with the Cod," L.A. Times, July 17, 1994, at 23; David Usborne, "Empty Seas Lash Newfoundland: Cod 'Pirates' and Factory Ships Have Robbed a Canadian Community of Its Centuries-old Way of Life," The Independent, May 1, 1994, at 15 ; and Anne Swardson, "Canada Closes Section of Atlantic to Fishing, 12,000 Expected to Lose Jobs, Dwindling Supply of Cod Leaves Scientists Mystified," Wash. Post, Sept. 1, 1993, at A26.
33. See, e.g., Tony Bartelme, "Technology, Competition Swamp Fisheries," Post & Courier (Charleston, SC), June 24, 1996, at 1; "Save the Lonely Turbot," S.F. Chron., Mar. 31, 1995, at A24; Stephan Savoia, "A Way of Life Disappearing with the Cod," L.A. Times, July 17, 1994, at 23; David Usborne, "Empty Seas Lash Newfoundland: Cod 'Pirates' and Factory Ships Have Robbed a Canadian Community of Its Centuries-old Way of Life," The Independent, May 1, 1994, at 15 ; and Anne Swardson, "Canada Closes Section of Atlantic to Fishing, 12,000 Expected to Lose Jobs, Dwindling Supply of Cod Leaves Scientists Mystified," Wash. Post, Sept. 1, 1993, at A26.
34. See, e.g., Lisa Anderson, "Depleted Fish Stocks Spark Canada's Turbot War with Spain," Chi. Trib., Mar. 19, 1995, at C4; see also William T. Abel, "Fishing for an International Norm to Govern Straddling Stocks: The Canada-Spain Dispute of 1995," 27 U. Miami Inter-Am. L. Rev. 553, 566 (1996); Jeremy Faith, Comment, "Enforcement of Fishing Regulations in International Waters: Piracy or Protection, Is Gunboat Diplomacy the Only Means Left?" 19 Loy. L.A. Int'l & Comp. L.J. 199 (1996); Yann-huei Song, "The Canada-European Union Turbot Dispute in the Northwest Atlantic: An Application of the Incident Approach," 28 Ocean Dev. & Int'l L. 269 (1997); and Michael Scan Sullivan, "The Case in International Law for Canada's Extension of Fisheries Jurisdiction Beyond 200 Miles," 28 Ocean Dev. & Int'l L. 203 (1997).
35. See, e.g., Lisa Anderson, "Depleted Fish Stocks Spark Canada's Turbot War with Spain," Chi. Trib., Mar. 19, 1995, at C4; see also William T. Abel, "Fishing for an International Norm to Govern Straddling Stocks: The Canada-Spain Dispute of 1995," 27 U. Miami Inter-Am. L. Rev. 553, 566 (1996); Jeremy Faith, Comment, "Enforcement of Fishing Regulations in International Waters: Piracy or Protection, Is Gunboat Diplomacy the Only Means Left?" 19 Loy. L.A. Int'l & Comp. L.J. 199 (1996); Yann-huei Song, "The Canada-European Union Turbot Dispute in the Northwest Atlantic: An Application of the Incident Approach," 28 Ocean Dev. & Int'l L. 269 (1997); and Michael Scan Sullivan, "The Case in International Law for Canada's Extension of Fisheries Jurisdiction Beyond 200 Miles," 28 Ocean Dev. & Int'l L. 203 (1997).
36. See, e.g., Lisa Anderson, "Depleted Fish Stocks Spark Canada's Turbot War with Spain," Chi. Trib., Mar. 19, 1995, at C4; see also William T. Abel, "Fishing for an International Norm to Govern Straddling Stocks: The Canada-Spain Dispute of 1995," 27 U. Miami Inter-Am. L. Rev. 553, 566 (1996); Jeremy Faith, Comment, "Enforcement of Fishing Regulations in International Waters: Piracy or Protection, Is Gunboat Diplomacy the Only Means Left?" 19 Loy. L.A. Int'l & Comp. L.J. 199 (1996); Yann-huei Song, "The Canada-European Union Turbot Dispute in the Northwest Atlantic: An Application of the Incident Approach," 28 Ocean Dev. & Int'l L. 269 (1997); and Michael Scan Sullivan, "The Case in International Law for Canada's Extension of Fisheries Jurisdiction Beyond 200 Miles," 28 Ocean Dev. & Int'l L. 203 (1997).
37. See, e.g., Lisa Anderson, "Depleted Fish Stocks Spark Canada's Turbot War with Spain," Chi. Trib., Mar. 19, 1995, at C4; see also William T. Abel, "Fishing for an International Norm to Govern Straddling Stocks: The Canada-Spain Dispute of 1995," 27 U. Miami Inter-Am. L. Rev. 553, 566 (1996); Jeremy Faith, Comment, "Enforcement of Fishing Regulations in International Waters: Piracy or Protection, Is Gunboat Diplomacy the Only Means Left?" 19 Loy. L.A. Int'l & Comp. L.J. 199 (1996); Yann-huei Song, "The Canada-European Union Turbot Dispute in the Northwest Atlantic: An Application of the Incident Approach," 28 Ocean Dev. & Int'l L. 269 (1997); and Michael Scan Sullivan, "The Case in International Law for Canada's Extension of Fisheries Jurisdiction Beyond 200 Miles," 28 Ocean Dev. & Int'l L. 203 (1997).
38. See, e.g., Lisa Anderson, "Depleted Fish Stocks Spark Canada's Turbot War with Spain," Chi. Trib., Mar. 19, 1995, at C4; see also William T. Abel, "Fishing for an International Norm to Govern Straddling Stocks: The Canada-Spain Dispute of 1995," 27 U. Miami Inter-Am. L. Rev. 553, 566 (1996); Jeremy Faith, Comment, "Enforcement of Fishing Regulations in International Waters: Piracy or Protection, Is Gunboat Diplomacy the Only Means Left?" 19 Loy. L.A. Int'l & Comp. L.J. 199 (1996); Yann-huei Song, "The Canada-European Union Turbot Dispute in the Northwest Atlantic: An Application of the Incident Approach," 28 Ocean Dev. & Int'l L. 269 (1997); and Michael Scan Sullivan, "The Case in International Law for Canada's Extension of Fisheries Jurisdiction Beyond 200 Miles," 28 Ocean Dev. & Int'l L. 203 (1997).
39. Highly migratory species, on the other hand, migrate through both the coastal state 200-mile zones and the high seas beyond. Some fish stocks appear to swim between the definitions: "The Chilean horse mackerel, which straddles 1,500 miles off the exclusive economic zones of Chile and Peru, is a particular case of a straddling stock that might, from the biological standpoint, be as highly migratory in nature as some of the smaller tuna listed in the 1982 [Law of the Sea] Convention." Some High Seas Fisheries Aspects Relating to Straddling Fish Stocks and Highly Migratory Fish Stocks, supra note 18, at 2.
40. The decline of groundstocks can be attributed to four factors: (1) decreased productivity associated with extreme cold conditions; (2) increased exploitation rate; (3) fisheries abuses; and (4) increased natural mortality. William Doubleday, "The Great Fisheries Collapse," Address before the 4th Annual Fall Meeting, Section of Natural Resources, Energy, and Environmental Law, American Bar Association, Boston (Oct. 3, 1996).
41. Peter Weber, Abandoned Seas: Reversing the Decline of the Oceans (Worldwatch Paper 116, 1993). The FAO estimates that the fishing industry spends $124 billion annually to harvest $70 billion worth of fish. Id. at 45.
42. Peter Weber, Abandoned Seas: Reversing the Decline of the Oceans (Worldwatch Paper 116, 1993). The FAO estimates that the fishing industry spends $124 billion annually to harvest $70 billion worth of fish. Id. at 45.
43. See, e.g., Anne Swardson, "Canada Frees Fishing Boat but Dispute Persists; European Union, Spain Condemn Seizure," Wash. Post, Mar. 16, 1995, at A33; "Shots Fired in Fishing War off Canada: European Union, Spain Scolds Canada After High Seas Incident," Bangor Daily News, Mar. 10, 1995, at C12; and Craig Turner, "'Fish War' Heats Up Again As Canadians Cut Boat's Net," L.A. Times, Mar. 27, 1995, at A7. See also Evelyn Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries," 25 Ocean Dev. & Int'l L. 255, 297 (1994). For a description of the incident, see "Fish War Averted," St. Louis Post-Dispatch, Apr. 27, 1995, at 6B; Colin Nickerson, "Europeans, Canada Set Fishing Pact; Spain Pressured on Accord," Boston Globe, Apr. 16, 1995, at 1. For an account describing the European Union's reaction as decidedly ambivalent and noting a split of alliances, see "Europe's Alliance: Drifting Apart," J. Com., Apr. 11, 1995, at 8A.
44. See, e.g., Anne Swardson, "Canada Frees Fishing Boat but Dispute Persists; European Union, Spain Condemn Seizure," Wash. Post, Mar. 16, 1995, at A33; "Shots Fired in Fishing War off Canada: European Union, Spain Scolds Canada After High Seas Incident," Bangor Daily News, Mar. 10, 1995, at C12; and Craig Turner, "'Fish War' Heats Up Again As Canadians Cut Boat's Net," L.A. Times, Mar. 27, 1995, at A7. See also Evelyn Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries," 25 Ocean Dev. & Int'l L. 255, 297 (1994). For a description of the incident, see "Fish War Averted," St. Louis Post-Dispatch, Apr. 27, 1995, at 6B; Colin Nickerson, "Europeans, Canada Set Fishing Pact; Spain Pressured on Accord," Boston Globe, Apr. 16, 1995, at 1. For an account describing the European Union's reaction as decidedly ambivalent and noting a split of alliances, see "Europe's Alliance: Drifting Apart," J. Com., Apr. 11, 1995, at 8A.
45. See, e.g., Anne Swardson, "Canada Frees Fishing Boat but Dispute Persists; European Union, Spain Condemn Seizure," Wash. Post, Mar. 16, 1995, at A33; "Shots Fired in Fishing War off Canada: European Union, Spain Scolds Canada After High Seas Incident," Bangor Daily News, Mar. 10, 1995, at C12; and Craig Turner, "'Fish War' Heats Up Again As Canadians Cut Boat's Net," L.A. Times, Mar. 27, 1995, at A7. See also Evelyn Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries," 25 Ocean Dev. & Int'l L. 255, 297 (1994). For a description of the incident, see "Fish War Averted," St. Louis Post-Dispatch, Apr. 27, 1995, at 6B; Colin Nickerson, "Europeans, Canada Set Fishing Pact; Spain Pressured on Accord," Boston Globe, Apr. 16, 1995, at 1. For an account describing the European Union's reaction as decidedly ambivalent and noting a split of alliances, see "Europe's Alliance: Drifting Apart," J. Com., Apr. 11, 1995, at 8A.
46. See, e.g., Anne Swardson, "Canada Frees Fishing Boat but Dispute Persists; European Union, Spain Condemn Seizure," Wash. Post, Mar. 16, 1995, at A33; "Shots Fired in Fishing War off Canada: European Union, Spain Scolds Canada After High Seas Incident," Bangor Daily News, Mar. 10, 1995, at C12; and Craig Turner, "'Fish War' Heats Up Again As Canadians Cut Boat's Net," L.A. Times, Mar. 27, 1995, at A7. See also Evelyn Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries," 25 Ocean Dev. & Int'l L. 255, 297 (1994). For a description of the incident, see "Fish War Averted," St. Louis Post-Dispatch, Apr. 27, 1995, at 6B; Colin Nickerson, "Europeans, Canada Set Fishing Pact; Spain Pressured on Accord," Boston Globe, Apr. 16, 1995, at 1. For an account describing the European Union's reaction as decidedly ambivalent and noting a split of alliances, see "Europe's Alliance: Drifting Apart," J. Com., Apr. 11, 1995, at 8A.
47. See, e.g., Anne Swardson, "Canada Frees Fishing Boat but Dispute Persists; European Union, Spain Condemn Seizure," Wash. Post, Mar. 16, 1995, at A33; "Shots Fired in Fishing War off Canada: European Union, Spain Scolds Canada After High Seas Incident," Bangor Daily News, Mar. 10, 1995, at C12; and Craig Turner, "'Fish War' Heats Up Again As Canadians Cut Boat's Net," L.A. Times, Mar. 27, 1995, at A7. See also Evelyn Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries," 25 Ocean Dev. & Int'l L. 255, 297 (1994). For a description of the incident, see "Fish War Averted," St. Louis Post-Dispatch, Apr. 27, 1995, at 6B; Colin Nickerson, "Europeans, Canada Set Fishing Pact; Spain Pressured on Accord," Boston Globe, Apr. 16, 1995, at 1. For an account describing the European Union's reaction as decidedly ambivalent and noting a split of alliances, see "Europe's Alliance: Drifting Apart," J. Com., Apr. 11, 1995, at 8A.
48. See, e.g., Anne Swardson, "Canada Frees Fishing Boat but Dispute Persists; European Union, Spain Condemn Seizure," Wash. Post, Mar. 16, 1995, at A33; "Shots Fired in Fishing War off Canada: European Union, Spain Scolds Canada After High Seas Incident," Bangor Daily News, Mar. 10, 1995, at C12; and Craig Turner, "'Fish War' Heats Up Again As Canadians Cut Boat's Net," L.A. Times, Mar. 27, 1995, at A7. See also Evelyn Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries," 25 Ocean Dev. & Int'l L. 255, 297 (1994). For a description of the incident, see "Fish War Averted," St. Louis Post-Dispatch, Apr. 27, 1995, at 6B; Colin Nickerson, "Europeans, Canada Set Fishing Pact; Spain Pressured on Accord," Boston Globe, Apr. 16, 1995, at 1. For an account describing the European Union's reaction as decidedly ambivalent and noting a split of alliances, see "Europe's Alliance: Drifting Apart," J. Com., Apr. 11, 1995, at 8A.
49. See, e.g., Anne Swardson, "Canada Frees Fishing Boat but Dispute Persists; European Union, Spain Condemn Seizure," Wash. Post, Mar. 16, 1995, at A33; "Shots Fired in Fishing War off Canada: European Union, Spain Scolds Canada After High Seas Incident," Bangor Daily News, Mar. 10, 1995, at C12; and Craig Turner, "'Fish War' Heats Up Again As Canadians Cut Boat's Net," L.A. Times, Mar. 27, 1995, at A7. See also Evelyn Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries," 25 Ocean Dev. & Int'l L. 255, 297 (1994). For a description of the incident, see "Fish War Averted," St. Louis Post-Dispatch, Apr. 27, 1995, at 6B; Colin Nickerson, "Europeans, Canada Set Fishing Pact; Spain Pressured on Accord," Boston Globe, Apr. 16, 1995, at 1. For an account describing the European Union's reaction as decidedly ambivalent and noting a split of alliances, see "Europe's Alliance: Drifting Apart," J. Com., Apr. 11, 1995, at 8A.
50. "Europe's Alliance," supra note 28.
51. Bartelme, supra note 22.
52. Id.
53. Id.
54. Id. See also Peter Morton, "Canada Vows Action on Spanish Fishing 'Pirates,'" Fin. Post, Mar. 7, 1995, at 7; Jessica Matthews, "On the High Seas: The Law of the Jungle," Wash. Post, Apr. 9, 1995, at C7; "Fish IV: Treaties" (National Public Radio, All Things Considered, Aug. 28, 1997) (Transcript #97082814-212); Michele Mandel, "Life on the Edge: Looking Back at the Ups and Downs of 1995," Toronto Sun, Dec. 31, 1995, at 34.
55. Id. See also Peter Morton, "Canada Vows Action on Spanish Fishing 'Pirates,'" Fin. Post, Mar. 7, 1995, at 7; Jessica Matthews, "On the High Seas: The Law of the Jungle," Wash. Post, Apr. 9, 1995, at C7; "Fish IV: Treaties" (National Public Radio, All Things Considered, Aug. 28, 1997) (Transcript #97082814-212); Michele Mandel, "Life on the Edge: Looking Back at the Ups and Downs of 1995," Toronto Sun, Dec. 31, 1995, at 34.
56. Id. See also Peter Morton, "Canada Vows Action on Spanish Fishing 'Pirates,'" Fin. Post, Mar. 7, 1995, at 7; Jessica Matthews, "On the High Seas: The Law of the Jungle," Wash. Post, Apr. 9, 1995, at C7; "Fish IV: Treaties" (National Public Radio, All Things Considered, Aug. 28, 1997) (Transcript #97082814-212); Michele Mandel, "Life on the Edge: Looking Back at the Ups and Downs of 1995," Toronto Sun, Dec. 31, 1995, at 34.
57. Id. See also Peter Morton, "Canada Vows Action on Spanish Fishing 'Pirates,'" Fin. Post, Mar. 7, 1995, at 7; Jessica Matthews, "On the High Seas: The Law of the Jungle," Wash. Post, Apr. 9, 1995, at C7; "Fish IV: Treaties" (National Public Radio, All Things Considered, Aug. 28, 1997) (Transcript #97082814-212); Michele Mandel, "Life on the Edge: Looking Back at the Ups and Downs of 1995," Toronto Sun, Dec. 31, 1995, at 34.
58. For a description of the incident, see, e.g., "Canadians Win Feud Over Scallops," The Times Union (Albany, NY), Nov. 26, 1994, at E1. See also James H. Andrews, "Behind U.S.-Canada Fishing Flap," Christian Sci. Monitor, Aug. 8, 1994, at 8; "Canada Nabs U.S. Boats," Newsday, Aug. 3, 1994, at 14.
59. For a description of the incident, see, e.g., "Canadians Win Feud Over Scallops," The Times Union (Albany, NY), Nov. 26, 1994, at E1. See also James H. Andrews, "Behind U.S.-Canada Fishing Flap," Christian Sci. Monitor, Aug. 8, 1994, at 8; "Canada Nabs U.S. Boats," Newsday, Aug. 3, 1994, at 14.
60. For a description of the incident, see, e.g., "Canadians Win Feud Over Scallops," The Times Union (Albany, NY), Nov. 26, 1994, at E1. See also James H. Andrews, "Behind U.S.-Canada Fishing Flap," Christian Sci. Monitor, Aug. 8, 1994, at 8; "Canada Nabs U.S. Boats," Newsday, Aug. 3, 1994, at 14.
61. Historically, the United States and Canada have been at odds over fishing rights in the Grand Banks and Gulf of Maine areas. In 1977 they made overlapping claims of jurisdiction over fishing stocks in the Gulf of Maine and ultimately submitted the case to the ICJ for delimitation. The Court split these fishing grounds in the Gulf of Maine and Georges Bank between the two nations. Although the Court opined that the countries would cooperate, this admonition did little to prevent the eventual virtual collapse of fishing stocks. Delimitation of the Maritime Boundary in the Gulf of Maine Area (Can. v. U.S.), 1984 I.C.J. 246 (Oct. 12). For further discussion, see Levi E. Clain, "Gulf of Maine - A Disappointing First in the Delimitation of a Single Maritime Boundary," 25 Va. J. Int'l L. 521 (1985).
62. See Nickerson, supra note 35.
63. Id. Both Canada and the United States are parties to the 1958 Geneva Convention on the Continental Shelf, which accords to the coastal state sovereign rights over "sedentary species" on its shelf even seaward of the 200-mile limit. Convention on the Continental Shelf, Apr. 29, 1958, 15 U.S.T. 471, 499 U.N.T.S. 312. For newspaper articles covering the "sedentary species" dispute, see, e.g., Colin Nickerson, "Canada Seizes Massachusetts Scallopers," Boston Globe, July 27, 1994, at 1; Anne Dawson, "High Seas Showdown," Toronto Sun, July 28, 1994, at 8.
64. Id. Both Canada and the United States are parties to the 1958 Geneva Convention on the Continental Shelf, which accords to the coastal state sovereign rights over "sedentary species" on its shelf even seaward of the 200-mile limit. Convention on the Continental Shelf, Apr. 29, 1958, 15 U.S.T. 471, 499 U.N.T.S. 312. For newspaper articles covering the "sedentary species" dispute, see, e.g., Colin Nickerson, "Canada Seizes Massachusetts Scallopers," Boston Globe, July 27, 1994, at 1; Anne Dawson, "High Seas Showdown," Toronto Sun, July 28, 1994, at 8.
65. Nickerson, supra note 35.
66. Id.
67. Id.
68. An excellent example of how drama and, in this case, tragedy, provides the fuel for rapid legislative reaction is the case of the Exxon Valdez. This media event, depicting the sullying of pristine Prince William Sound, emphasized dead and dying marine creatures scattered on the water and on the beaches. See, e.g., Remarks by Senator Max Baucus, The Oil Spill in Prince William Sound, Alaska, Hearing of the Senate Environmental Protection Subcommittee of the Senate Environment and Public Works Committee, Federal News Service, Apr. 19, 1989; "The Big Picture," Life, May 1989, at 26; Michael D. Lemonick, as reported by Jordan Bonfante and David Postman/Juneau and Paul A. Witteman/Valdez, Time, Apr. 17, 1989, at 56; "Troubled Waters" (The MacNeil/Lehrer NewsHour, Mar. 29, 1989) (Transcript #3398). The result was an immediate uproar in Congress and the passage of the Oil Pollution Act of 1990 (OPA 90), Pub. L. No. 101-380, 104 Stat. 484 (1990) (codified as amended in scattered sections of 33 U.S.C.).
69. An excellent example of how drama and, in this case, tragedy, provides the fuel for rapid legislative reaction is the case of the Exxon Valdez. This media event, depicting the sullying of pristine Prince William Sound, emphasized dead and dying marine creatures scattered on the water and on the beaches. See, e.g., Remarks by Senator Max Baucus, The Oil Spill in Prince William Sound, Alaska, Hearing of the Senate Environmental Protection Subcommittee of the Senate Environment and Public Works Committee, Federal News Service, Apr. 19, 1989; "The Big Picture," Life, May 1989, at 26; Michael D. Lemonick, as reported by Jordan Bonfante and David Postman/Juneau and Paul A. Witteman/Valdez, Time, Apr. 17, 1989, at 56; "Troubled Waters" (The MacNeil/Lehrer NewsHour, Mar. 29, 1989) (Transcript #3398). The result was an immediate uproar in Congress and the passage of the Oil Pollution Act of 1990 (OPA 90), Pub. L. No. 101-380, 104 Stat. 484 (1990) (codified as amended in scattered sections of 33 U.S.C.).
70. An excellent example of how drama and, in this case, tragedy, provides the fuel for rapid legislative reaction is the case of the Exxon Valdez. This media event, depicting the sullying of pristine Prince William Sound, emphasized dead and dying marine creatures scattered on the water and on the beaches. See, e.g., Remarks by Senator Max Baucus, The Oil Spill in Prince William Sound, Alaska, Hearing of the Senate Environmental Protection Subcommittee of the Senate Environment and Public Works Committee, Federal News Service, Apr. 19, 1989; "The Big Picture," Life, May 1989, at 26; Michael D. Lemonick, as reported by Jordan Bonfante and David Postman/Juneau and Paul A. Witteman/Valdez, Time, Apr. 17, 1989, at 56; "Troubled Waters" (The MacNeil/Lehrer NewsHour, Mar. 29, 1989) (Transcript #3398). The result was an immediate uproar in Congress and the passage of the Oil Pollution Act of 1990 (OPA 90), Pub. L. No. 101-380, 104 Stat. 484 (1990) (codified as amended in scattered sections of 33 U.S.C.).
71. For an overview of environmental regimes governing the oceans, see W. M. von Zharen, "Environmental Governance of the Seas, the Coastal Zone, and Their Resources," 9 Nat. Resources & Env't 3 (1995).
72. See generally Joseph G. Starke, "Introduction to International Law," in International Law 141, 142 (Barry E. Carter and Phillip R. Trimble eds., 1995);
73. Maurice Mendelson, "The International Court of Justice and the Sources of International Law," in Fifty Years of the International Court of Justice: Essays in Honour of Sir Robert Jennings 63, 68 (Vaughan Lowe and Malgosia Fitzmaurice eds., 1996);
74. D. J. Harris, Cases and Materials on International Law 21-36 (3d ed. 1983). See also Case Concerning the Continental Shelf (Libya v. Malta), 1985 I.C.J. 13, 29 (June 3) (finding that evidence of "customary international law is to be looked for primarily in the actual practice and opinio juris of States").
75. The ICJ recognizes only consensual jurisdiction. Statute of the International Court of Justice arts. 34-37. The ICJ was brought into being by the Charter of the United Nations arts. 7(1), 36(3), and 92-96, and by the Statute of the Court, which was made part of the Charter. These instruments were signed at San Francisco on June 26, 1945. One of the most important differences between the Statute of the new Court and that of its predecessor, the Permanent Court of International Justice, was that the new Court was to be one of the "principle organs" of the United Nations. The Charter and the new Statute entered into force on October 24, 1945, and the ICJ met for the first time in the Hague in 1946.
76. Statute of the International Court of Justice art. 59 ("The decision of the Court has no binding force except between the parties and in respect of that particular case.").
77. For a discussion of guardianship of global commons, see Christopher D. Stone, "Mending the Seas through a Global Commons Trust Fund," in Freedom for the High Seas in the 21st Century: Ocean Governance and Environmental Harmony 171 (Jon M. Van Dyke, Durwood Zaelke, and Grant Hewison eds., 1993);
78. and Garrett Hardin, "The Tragedy of the Commons," 162 Science 1234 (1968).
79. New Jersey v. New York, 283 U.S. 336 (1931).
80. Id. at 342.
81. Fisheries Jurisdiction (U.K. v. Ice.), 1974 I.C.J. 3 (July 24).
82. Id. at 7.
83. Hugo Grotius, The Freedom of the Seas (Mare Liberum) (Ralph Van Deman Magoffin trans., 1916) (1608).
84. Id. at 7.
85. Preparations for the conference began in 1949. Report of the International Law Commission Covering the Work of Its Eighth Session, UN GAOR, 11th Sess., Supp. No. 9, at 2, UN Doc. A/3159 (1956), reprinted in 2 Y.B. Int'l L. Comm'n 253 (1956) and 51 Am. J. Int'l L. 154 (1957).
86. Preparations for the conference began in 1949. Report of the International Law Commission Covering the Work of Its Eighth Session, UN GAOR, 11th Sess., Supp. No. 9, at 2, UN Doc. A/3159 (1956), reprinted in 2 Y.B. Int'l L. Comm'n 253 (1956) and 51 Am. J. Int'l L. 154 (1957).
87. Preparations for the conference began in 1949. Report of the International Law Commission Covering the Work of Its Eighth Session, UN GAOR, 11th Sess., Supp. No. 9, at 2, UN Doc. A/3159 (1956), reprinted in 2 Y.B. Int'l L. Comm'n 253 (1956) and 51 Am. J. Int'l L. 154 (1957).
88. See, e.g., C. Wilfred Jenks, The Common Law of Mankind at xi-xii (1958) (maintaining that universal rules on the law of the sea "have given us . . . the elements of a universal legal order").
89. The First United Nations Conference on the Law of the Sea promulgated four conventions: the Convention on the High Seas, Apr. 29, 1958, 13 U.S.T. 2312, 450 U.N.T.S. 82; the Convention on the Continental Shelf, supra note 37; the Convention on the Territorial Sea and the Contiguous Zone, Apr. 29, 1958, 15 U.S.T. 1606, 516 U.N.T.S. 205; and the Convention on Fishing and Conservation of the Living Resources of the High Seas, Apr. 29, 1958, 17 U.S.T. 138, 559 U.N.T.S. 285. See generally Arthur H. Dean, "The Geneva Conference on the Law of the Sea: What Was Accomplished," 52 Am. J. Int'l L. 607 (1958).
90. Convention on the High Seas, supra note 55.
91. Convention on Fishing and Conservation of the Living Resources of the High Seas, supra note 55.
92. Twenty-two ratifications or accessions were required to bring this convention into force. Id. art. 18. However, since the adoption of the United Nations Convention on the Law of the Sea, infra note 61, no state has ratified this treaty. Multilateral Treaties Deposited with the Secretary-General, Status as at 31 December 1988, UN Doc. ST/LEG/Ser.B/7 (1989).
93. Fisheries Jurisdiction, 1974 I.C.J. 3.
94. Id. at 31.
95. United Nations Convention on the Law of the Sea, opened for signature Dec. 10, 1982, 21 I.L.M. 1261 [hereinafter 1982 Convention], reprinted in The Law of the Sea: Official Text of the United Nations Convention on the Law of the Sea with Annexes and Index at 1, UN Sales No. E.83.V.5 (1983).
96. In the EEZ, an area beyond and adjacent to the territorial sea, the coastal state exercises exclusive jurisdiction and control over its natural resources whether living or nonliving. 1982 Convention, supra note 61, art. 56. The breadth of the EEZ "should not extend beyond 200 nautical miles." Id. art. 57.
97. Id. art. 56. Other articles also include rights of coastal states to marine resources. See, e.g., Article 61(1): within the EEZ, the coastal state shall determine the allowable catch of the living resources in its EEZ. In Article 62(1), the coastal state shall promote the objective of optimum utilization of the living resources in its EEZ.
98. Conservation is emphasized in Article 61 of the 1982 Convention, supra note 61, as well as in other articles. See, e.g., Article 63 (stocks occurring within the EEZ of two or more coastal states or both within the EEZ and in an area beyond and adjacent to it), Article 65 (marine mammals), Article 66 (anadromous stocks), and Article 67 (management of catadromous species).
99. For a list of the 127 ratifications, accessions, and successions to the 1982 Convention as of July 9, 1998, see "Status of the United Nations Convention on the Law of the Sea of 10 December 1982 and of the Agreement Relating to the Implementation of Part XI of the Convention Adopted by the General Assembly on 28 July 1994" (available on the World Wide Web site of the Division for Ocean Affairs and the Law of the Sea, United Nations, at http://www.un.org/ Depts/los/los94st.htm). The web site also lists the 67 parties to the Convention at the time it entered into force on November 16, 1994.
100. Proclamation No. 5030, 48 Fed. Reg. 10,605 (1983), reprinted in 1983 U.S.C.C.A.N. 28.
101. Magnuson Fishery Conservation and Management Act (MFCMA), 16 U.S.C. §§ 1801-1882 (1994). The MFCMA was enacted in 1976 and established an exclusive fishery zone out to 200 miles from the U.S. coasts. Proclamation No. 5030, supra note 66, elevated this zone to an EEZ, modeled on the 1982 Convention provisions.
102. U.S. Ocean Policy, 19 Weekly Comp. Pres. Doc. 383 (Mar. 10, 1983). With a stroke of a pen, the United States claimed approximately 3.9 billion acres.
103. See generally, Taunya L. McLarty, "WTO and NAFO Coalescence: A Pareto Improvement for Both Free Trade and Conservation," 15 Va. Envtl. L.J. 469 (1996) (noting that although the 1982 Convention requires states to take measures that are necessary for the conservation of the living resources of the high seas, in practice, what this means and how it is to be implemented and enforced are unclear). See also William T. Burke, The New International Law of Fisheries: UNCLOS 1982 and Beyond 144 (1994).
104. See generally, Taunya L. McLarty, "WTO and NAFO Coalescence: A Pareto Improvement for Both Free Trade and Conservation," 15 Va. Envtl. L.J. 469 (1996) (noting that although the 1982 Convention requires states to take measures that are necessary for the conservation of the living resources of the high seas, in practice, what this means and how it is to be implemented and enforced are unclear). See also William T. Burke, The New International Law of Fisheries: UNCLOS 1982 and Beyond 144 (1994).
105. See Weber, supra note 26, at 14. See also "U.S. Accession to the UN Convention on the Law of the Sea," 6 Dep't St. Dispatch No. 7 (1995), available in LEXIS, ALLNWS file; "War at Sea," The Times, July 27, 1994, available in LEXIS, ALLNWS file.
106. See Weber, supra note 26, at 14. See also "U.S. Accession to the UN Convention on the Law of the Sea," 6 Dep't St. Dispatch No. 7 (1995), available in LEXIS, ALLNWS file; "War at Sea," The Times, July 27, 1994, available in LEXIS, ALLNWS file.
107. See Weber, supra note 26, at 14. See also "U.S. Accession to the UN Convention on the Law of the Sea," 6 Dep't St. Dispatch No. 7 (1995), available in LEXIS, ALLNWS file; "War at Sea," The Times, July 27, 1994, available in LEXIS, ALLNWS file.
108. For purposes of this section only, the term "protection" is used to describe generically those regimes that may emphasize conservation and, in some instances, sustainability.
109. For example, certain global issues such as climate change that have an impact on marine life defy neat categorization.
110. Although a second conference on the law of the sea was held in 1960, parties failed to come to any agreement. For a discussion of the future of the 1982 Convention, see John R. Stevenson and Bernard H. Oxman, "The Future of the United Nations Convention on the Law of the Sea," 88 Am. J. Int'l L. 488 (1994).
111. 1982 Convention, supra note 61, art. 117.
112. Id. art. 118.
113. Id. art. 65.
114. Id.
115. Id. pt. VII, sec. 2.
116. Id. art. 116.
117. Id. art. 119(1)(2).
118. Id. art 62(2).
119. Id. art. 63(2).
120. Id. art. 64(1).
121. See supra the section entitled "Current Rationale for Sustainability Regimes: Demise of Living Marine Species."
122. 1982 Convention, supra note 61, pt. VI.
123. Id. art. 76(1).
124. A nautical mile is a unit of length used in sea navigation and is equal to 1,852 meters or about 6,076 feet.
125. 1982 Convention, supra note 61, art. 76(4).
126. Id. art. 77(1).
127. Id. art. 77(4).
128. Discussed supra in the section entitled "Current Rationale for Sustainability Regimes: Demise of Living Marine Species."
129. For background information on the 1982 Convention, see R. R. Churchill and A. V. Lowe, The Law of the Sea (1983).
130. ICRW, supra note 5. The Convention was implemented in U.S. law by the Whaling Convention Act of 1949, 16 U.S.C. § 916. For an historical perspective on the IWC, see Gare A. Smith, "The International Whaling Commission: An Analysis of the Past and Reflections on the Future," 16 Nat. Resources Law. 543 (1984).
131. ICRW, supra note 5, pmbl.
132. For a comprehensive discussion of the ICRW and its early practices, see 1 International Regulation of Whaling, supra note 7, at 205-260. See also Robert Burton, The Life and Death of Whales (1980); Smith, supra note 93. For a brief overview of the ICRW from the perspective of a former U.S. commissioner to the IWC, see John A. Knauss, "The International Whaling Commission - Its Past and Possible Future," 28 Ocean Dev. & Int'l L. 79 (1997).
133. For a comprehensive discussion of the ICRW and its early practices, see 1 International Regulation of Whaling, supra note 7, at 205-260. See also Robert Burton, The Life and Death of Whales (1980); Smith, supra note 93. For a brief overview of the ICRW from the perspective of a former U.S. commissioner to the IWC, see John A. Knauss, "The International Whaling Commission - Its Past and Possible Future," 28 Ocean Dev. & Int'l L. 79 (1997).
134. For a comprehensive discussion of the ICRW and its early practices, see 1 International Regulation of Whaling, supra note 7, at 205-260. See also Robert Burton, The Life and Death of Whales (1980); Smith, supra note 93. For a brief overview of the ICRW from the perspective of a former U.S. commissioner to the IWC, see John A. Knauss, "The International Whaling Commission - Its Past and Possible Future," 28 Ocean Dev. & Int'l L. 79 (1997).
135. For a comprehensive discussion of the ICRW and its early practices, see 1 International Regulation of Whaling, supra note 7, at 205-260. See also Robert Burton, The Life and Death of Whales (1980); Smith, supra note 93. For a brief overview of the ICRW from the perspective of a former U.S. commissioner to the IWC, see John A. Knauss, "The International Whaling Commission - Its Past and Possible Future," 28 Ocean Dev. & Int'l L. 79 (1997).
136. For an interesting characterization of the IWC as members of a big-game shooting club, see Howard Scott Schiffman, "The Protection of Whales in International Law: A Perspective for the Next Century," 22 Brooklyn J. Int'l L. 303, 312 (1996).
137. The founding members of the ICRW were Argentina, Australia, Brazil, Canada, Chile, Denmark, France, the Netherlands, New Zealand, Norway, Peru, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom, and the United States. Currently, over 40 nations have ratified the ICRW and have become members of the IWC. See 1985 Treaties in Force 311; see also Smith, supra note 93.
138. The founding members of the ICRW were Argentina, Australia, Brazil, Canada, Chile, Denmark, France, the Netherlands, New Zealand, Norway, Peru, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom, and the United States. Currently, over 40 nations have ratified the ICRW and have become members of the IWC. See 1985 Treaties in Force 311; see also Smith, supra note 93.
139. The negotiations leading to the ICRW began in a subcommittee of the Economic Committee of the League of Nations. See L. Larry Leonard, "Recent Negotiations Toward the International Regulation of Whaling," 35 Am. J. Int'l L. 90, 98-100 (1941); Douglas M. Johnston, The International Law of Fisheries: A Framework for Policy-oriented Inquiries 399 (1965); and C. John Colombos, The International Law of the Sea 380 n.3 (5th rev. ed. 1962).
140. The negotiations leading to the ICRW began in a subcommittee of the Economic Committee of the League of Nations. See L. Larry Leonard, "Recent Negotiations Toward the International Regulation of Whaling," 35 Am. J. Int'l L. 90, 98-100 (1941); Douglas M. Johnston, The International Law of Fisheries: A Framework for Policy-oriented Inquiries 399 (1965); and C. John Colombos, The International Law of the Sea 380 n.3 (5th rev. ed. 1962).
141. The negotiations leading to the ICRW began in a subcommittee of the Economic Committee of the League of Nations. See L. Larry Leonard, "Recent Negotiations Toward the International Regulation of Whaling," 35 Am. J. Int'l L. 90, 98-100 (1941); Douglas M. Johnston, The International Law of Fisheries: A Framework for Policy-oriented Inquiries 399 (1965); and C. John Colombos, The International Law of the Sea 380 n.3 (5th rev. ed. 1962).
142. ICRW, supra note 5, art. III(1). Article III(1) of the ICWR provides for the establishment of the IWC. Article IV of the ICRW requires the IWC to (a) encourage, recommend, or if necessary, organize studies and investigations relating to whales and whaling; (b) collect and analyze statistical information concerning the current condition and trend of the whale stocks and the effects of whaling activities thereon; and (c) study, appraise, and disseminate information concerning methods of maintaining and increasing the populations of whale stocks. Article V holds the Commission responsible for amending the convention's whaling schedule to meet changing circumstances.
143. ICRW, supra note 5, art. VIII(1). Whether some whaling nations have issued scientific research permits as a means of continuing to hunt whales but avoiding U.S. sanctions is controversial. See, e.g., Michael Weber, "Marine Mammal Protection," 1987 Nat'l Audubon Rep. 163, 166-169.
144. Resolutions IWC/39/24 and IWC/39/45, in International Whaling Commission, Chairman's Report of the 39th Meeting, June 22-26, 1987, apps. 1 and 4 (1987). Although prior consent of the IWC is not required, general Resolution IWC/39/24 recommends that member governments only issue permits for programs that, in the view of the IWC, satisfy the criteria of and therefore are consistent with the Commission's conservation policy.
145. See generally, Knauss, supra note 95; and Valeria Neale Spencer, "Domestic Enforcement of International Law: The International Convention for the Regulation of Whaling," 2 Colo. J. Int'l Envtl. L. & Pol'y 109, 113 (1991).
146. See generally, Knauss, supra note 95; and Valeria Neale Spencer, "Domestic Enforcement of International Law: The International Convention for the Regulation of Whaling," 2 Colo. J. Int'l Envtl. L. & Pol'y 109, 113 (1991).
147. Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, opened for signature Dec. 4, 1995, 34 I.L.M. 1542 [hereinafter Straddling Stocks Agreement].
148. See Report of the United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992) at 145-146, UN Doc. A/CONF.151/26 (Vol. II) (1992).
149. The straddling stocks problem occurs when fishing stocks "straddle" the boundary between domestic and international waters. Highly migratory species include most tuna species, swordfish, marlin and other billfish, and some sharks. Migratory and straddling species account for roughly 20% of the total marine catch and include some of the most ecologically valuable fish populations.
150. Straddling Stocks Agreement, supra note 102; see, e.g., Article 2 (stating that the long-term goal is conservation and sustainable use of straddling fish stocks and highly migratory fish stocks); and Article 5 (stating that general principles were implemented with an end toward conserving and managing straddling fish stocks).
151. Id. art. 2 (to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of the 1982 Convention). The Straddling Stocks Agreement incorporates by reference provisions of the 1982 Convention. See, e.g., Article 30(3) (incorporating by reference Article 287 (choice of procedures) of the 1982 Convention for purposes of dispute resolution).
152. Regarding provisions of the Straddling Stocks Agreement, supra note 102, on cooperation and conservation, see, e.g., Articles 9 and 10 (member state's duty to collect and exchange information, including scientific advice, technical and statistical data, and implementation reports); Article 19 (giving special attention to the interests of developing countries and coastal states dependent on regulated fish stocks); Article 5 (stating that the goal is conserving and managing straddling fish stocks); Article 5(c) and Annex II, para. 2 (states must develop precautionary "reference points" including both a limit reference point and a target reference point); Annex II, para. 7 ("the fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points"); Article 6(4) (states must take measures so that these limits are not exceeded); and Article 5(k) (states must "promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management"). For provisions on enforcement, see Article 8(1) (parties to the Straddling Stocks Agreement must either cooperate with a regional fisheries management organization or negotiate directly with one another to establish conservation programs); and Article 19(2) (sanctions must be imposed when a state detects a violation by a vessel flying its flag; these sanctions must be "adequate in severity to be effective in securing compliance . . . and shall deprive offenders of the benefits accruing from their illegal activities"). For provisions on compulsory dispute settlement, see Articles 5-7 (describing enforcement techniques and compulsory dispute settlement).
153. Id. arts. 9 and 10.
154. Id.
155. Id. art. 6.
156. Id.
157. Id.
158. See, e.g., Article 14 (port states are authorized to board and inspect
159. Id. art. 21(8).
160. "White House Statement on Fisheries Conservation Agreement," Statement by the Press Secretary, the White House, U.S. Newswire, Aug. 7, 1996.
161. 16 U.S.C. §§ 1361-1421 (1994).
162. A marine mammal is defined as any mammal that is morphologically adapted to the marine environment, including sea otters, dolphins, seals, walruses, and whales; or which primarily inhabits the marine environment, such as the polar bear. 16 U.S.C. § 1362(5).
163. 16 U.S.C. § 1361.
164. For a general discussion of marine mammal protection law, see George Cameron Coggins, "Legal Protection for Marine Mammals: An Overview of Innovative Resource Conservation Legislation," 6 Envtl. L. 1 (1975).
165. 16 U.S.C. § 1372.
166. 16 U.S.C. § 1362(12).
167. 16 U.S.C. § 1372(b).
168. 16 U.S.C. §§ 1374, 1371(a)(5).
169. See generally, Sherry Marie Cote, Note, "The Manatee: Facing Imminent Extinction," 9 Fla. J. Int'l L. 189 (1994); and Eric J. Fjelstad, Comment, "The Ghosts of Fishing Nets Past: A Proposal for Regulating Derelict Synthetic Fishing Nets," 63 Wash. L. Rev. 677 (1988).
170. See generally, Sherry Marie Cote, Note, "The Manatee: Facing Imminent Extinction," 9 Fla. J. Int'l L. 189 (1994); and Eric J. Fjelstad, Comment, "The Ghosts of Fishing Nets Past: A Proposal for Regulating Derelict Synthetic Fishing Nets," 63 Wash. L. Rev. 677 (1988).
171. 839 F.2d 795 (D.D.C. 1988).
172. Id. at 799-803.
173. 16 U.S.C. § 1383.
174. H.R. Rep. No. 970, 100th Cong., 2d Sess. 29 (1988); reprinted in 1988 U.S.C.C.A.N. 6170.
175. Marine Mammal Protection Act Amendments of 1994, Pub. L. No. 103-238, 108 Stat. 532 (1994). For legislative history, see S. Rep. No. 220, 103d Cong., 2d Sess. (1994).
176. S. Rep. No. 220, supra note 128; Congressional Record, Senate, vol. 140, no. 32, 103d Cong., 2d Sess. (1994), available in LEXIS, ALLNWS file.
177. 16 U.S.C. §§ 1383(a), 1387. See also George A. Chmael, II, Keith R. Ainsworth, and Robert P. Kramer, "The 1994 Amendments to the Marine Mammal Protection Act," 9 Nat. Resources & Env't No. 4, at 18, 18-19 (1995).
178. 16 U.S.C. § 1371(a).
179. In 1992, two new laws established additional prohibitions and protections. The International Dolphin Conservation Act of 1992, Pub. L. No. 102-523, 106 Stat. 3425 (1992), prohibits certain tuna harvesting practices. The Marine Mammal Health and Stranding Response Act, Pub. L. No. 102-587, Title III, 106 Stat. 5039, 5059 (1992), provides for the establishment of the Marine Mammal Health and Stranding Response Program, the purpose of which is to collect data on marine mammal health and to coordinate responses to unusual mortality events. The 1994 MMPA amendments also provide that the secretary of commerce may issue permits "to take or import a marine mammal for the purpose of public display only to a person which the Secretary determines . . . is registered or holds a license issued under" the Animal Welfare Act. 16 U.S.C. § 1374(c)(2)(A). (It would appear that once a marine mammal is held in captivity, the Department of Agriculture rather than the National Marine Fisheries Service (NMFS) is authorized to regulate associated activities.)
180. See, e.g., 16 U.S.C. § 1373(b); 140 Cong. Rec. H2724 (daily ed. Apr. 26, 1994) (statement of Rep. Studds).
181. In enacting the MMPA, Congress noted that "the most pervasive and threatening [hazard facing marine mammals was] . . . degradation of the environment upon which they depend." H.R. Rep. No. 707, 92d Cong., 2d Sess. 14 (1972), reprinted in 1972 U.S.C.C.A.N. 4144, 4147. See also Interagency Task Force on Persistent Marine Debris, Report of the Interagency Task Force on Persistent Marine Debris 43, 51 (1988); Charles W. Fowler, "Marine Debris and Northern Fur Seals: Case Study," 18 Marine Pollution Bull. 326 (1987); and 1988 Marine Mammal Comm'n Ann. Rep. 159.
182. In enacting the MMPA, Congress noted that "the most pervasive and threatening [hazard facing marine mammals was] . . . degradation of the environment upon which they depend." H.R. Rep. No. 707, 92d Cong., 2d Sess. 14 (1972), reprinted in 1972 U.S.C.C.A.N. 4144, 4147. See also Interagency Task Force on Persistent Marine Debris, Report of the Interagency Task Force on Persistent Marine Debris 43, 51 (1988); Charles W. Fowler, "Marine Debris and Northern Fur Seals: Case Study," 18 Marine Pollution Bull. 326 (1987); and 1988 Marine Mammal Comm'n Ann. Rep. 159.
183. In enacting the MMPA, Congress noted that "the most pervasive and threatening [hazard facing marine mammals was] . . . degradation of the environment upon which they depend." H.R. Rep. No. 707, 92d Cong., 2d Sess. 14 (1972), reprinted in 1972 U.S.C.C.A.N. 4144, 4147. See also Interagency Task Force on Persistent Marine Debris, Report of the Interagency Task Force on Persistent Marine Debris 43, 51 (1988); Charles W. Fowler, "Marine Debris and Northern Fur Seals: Case Study," 18 Marine Pollution Bull. 326 (1987); and 1988 Marine Mammal Comm'n Ann. Rep. 159.
184. 16 U.S.C. § 1378(a)(4).
185. Fish and Wildlife Miscellaneous - Part 1: Hearings Before the Subcomm. on Fisheries and Wildlife Conservation and the Environment of the House Comm. on Merchant Marine and Fisheries, 96th Cong., 1st Sess. 336 (1979).
186. The act has become known as the Magnuson Act because of its principal sponsor, Senator Warren Magnuson of Washington.
187. 16 U.S.C. §§ 1801-1882.
188. Staff of Senate Comm. on Commerce, 94th Cong., 2d Sess., Report on National Ocean Policy Study 229 (Comm. Print 1976).
189. The 1975 Committee on Merchant Marine and Fisheries argued that "it is quite possible that distant water fishing nations which have made large investments in technologically advanced and large fleets will become very uncertain about future access to a coastal nation's 200-mile zone. Consequently, it is possible that such nations will step up their efforts to capture fish on the high seas as long as the limits remain narrow. . . ." H.R. Rep. No. 445, 94th Cong., 2d Sess. 29 (1976).
190. The implication of this jurisdictional extension is discussed in Lewis M. Alexander and Robert D. Hodgson, "The Impact of the 200-Mile Economic Zone on the Law of the Sea," 12 San Diego L. Rev. 569 (1975).
191. The U.S. territorial sea has since been expanded to 12 miles by Presidential Proclamation No. 5928, 3 C.F.R. 547 (1988), and the Magnuson Act has been amended to reflect the recharacterization of the exclusive fishing zone as a U.S. EEZ. See, e.g., 16 U.S.C. §§ 1802(11) and 1811(a).
192. See William R. Rogalski, "The Unique Federalism of the Regional Councils under the Fishery Conservation and Management Act of 1976," 9 Envtl. Aff. 163, 169 (1980).
193. 16 U.S.C. § 1801(a)(6).
194. Id. § 1802(23).
195. The fishery management council areas are: Alaska, North Pacific, Pacific, Gulf of Mexico, Caribbean, South Atlantic, Mid-Atlantic, and New England.
196. 16 U.S.C. § 1852. See also Symposium on the Fishery Conservation and Management Act of 1976, 53 Wash. L. Rev. 427 (1977) (discussing implementation of the Magnuson Act).
197. For a discussion of the pros and cons of this type of management scheme, see, e.g., Ragnar Arnason, "Theoretical and Practical Fishery Management," in Managing Fishery Resources: Proceedings of a Symposium Co-sponsored by the World Bank and Peruvian Ministry of Fisheries, Held in Lima, Peru, June 1992, at 1 (World Bank Discussion Papers, Fisheries Series 217, Eduardo A. Loayza ed., 1994). See also David D. Caron, "International Sanctions, Ocean Management, and the Law of the Sea: A Study of Denial of Access to Fishing," 16 Ecology L.Q. 311 (1989).
198. For a discussion of the pros and cons of this type of management scheme, see, e.g., Ragnar Arnason, "Theoretical and Practical Fishery Management," in Managing Fishery Resources: Proceedings of a Symposium Co-sponsored by the World Bank and Peruvian Ministry of Fisheries, Held in Lima, Peru, June 1992, at 1 (World Bank Discussion Papers, Fisheries Series 217, Eduardo A. Loayza ed., 1994). See also David D. Caron, "International Sanctions, Ocean Management, and the Law of the Sea: A Study of Denial of Access to Fishing," 16 Ecology L.Q. 311 (1989).
199. 16 U.S.C. § 1852(b)(2)(B).
200. Id. § 1852(b)(2)(A).
201. For discussion of the economics related to the management of fishing, see, e.g., Stephen Cunningham, Fisheries Economics: An Introduction (1985);
202. Lee G. Anderson, The Economics of Fisheries Management (rev. and enl. ed. 1986);
203. and T. J. Pitcher and Paul J. B. Hart, Fisheries Ecology 293-310 (1982).
204. 16 U.S.C. § 1851(a)(1). The vagaries of judicial interpretations of various Magnuson Act provisions is exemplified in such cases as State of Maine v. Kreps, 563 F.2d 1052 (1st Cir. 1977) (regulations establishing optimum yield at a level that would arguably constitute "overfishing" held not to violate applicable "arbitrary and capricious" standard where consideration of international policy interests favored allowing portion of catch for foreign fishers); Midwater Trawlers Coop. v. Mosbacher, 727 F. Supp. 12, 16 (D.D.C. 1989) (challenger must have asserted claim before council to survive motion to dismiss); and National Fisheries Institute, Inc. v. Mosbacher, 732 F. Supp. 210 (D.D.C. 1990) (allowing councils to favor "recreational" interests over commercial fishing interests).
205. Sustainable Fisheries Act, Pub. L. No. 104-297, 110 Stat. 3559 (1996) (amending Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882). See also John McQuaid, "House Passes Fishery Rules; Magnuson Act Overhaul Gets Last-Minute OK," Times-Picayune (New Orleans), Sept. 28, 1996, at Al; and "House Approves and President Signs Magnuson Act Reauthorization," U.S. Newswire, Oct. 23, 1996.
206. Sustainable Fisheries Act, Pub. L. No. 104-297, 110 Stat. 3559 (1996) (amending Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882). See also John McQuaid, "House Passes Fishery Rules; Magnuson Act Overhaul Gets Last-Minute OK," Times-Picayune (New Orleans), Sept. 28, 1996, at Al; and "House Approves and President Signs Magnuson Act Reauthorization," U.S. Newswire, Oct. 23, 1996.
207. Sustainable Fisheries Act, Pub. L. No. 104-297, 110 Stat. 3559 (1996) (amending Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1882). See also John McQuaid, "House Passes Fishery Rules; Magnuson Act Overhaul Gets Last-Minute OK," Times-Picayune (New Orleans), Sept. 28, 1996, at Al; and "House Approves and President Signs Magnuson Act Reauthorization," U.S. Newswire, Oct. 23, 1996.
208. The U.S. fishing fleet off Alaska threw nearly 1 billion pounds of by-catch overboard in 1994, according to a report prepared by Pacific Associates for the Alaska Department of Fish and Game. This is reportedly more fish than is caught by New England's fleet each year. "Fishing: What We Don't Keep," Sci. News, Dec. 16, 1995, at 415; see also Anne Hazard, "Alaska: Washington Senators Reach Agreement Allowing Vote on Magnuson," States News Service, Aug. 8, 1996, available in LEXIS, ALLNWS file.
209. The U.S. fishing fleet off Alaska threw nearly 1 billion pounds of by-catch overboard in 1994, according to a report prepared by Pacific Associates for the Alaska Department of Fish and Game. This is reportedly more fish than is caught by New England's fleet each year. "Fishing: What We Don't Keep," Sci. News, Dec. 16, 1995, at 415; see also Anne Hazard, "Alaska: Washington Senators Reach Agreement Allowing Vote on Magnuson," States News Service, Aug. 8, 1996, available in LEXIS, ALLNWS file.
210. The Whaling Convention Act of 1949, 16 U.S.C. § 916, which implements the ICWR, prohibits whaling and commerce in whale products in violation of the ICRW or in violation of any regulation of the IWC or the secretary of commerce.
211. Pub. L. No. 92-219, 85 Stat. 786 (1971) (codified as amended at 22 U.S.C. § 1978 (1994)). For legislative history, see H.R. Rep. No. 468, 92d Cong., 1st Sess. (1971), reprinted in 1971 U.S.C.C.A.N. 2409.
212. Pub. L. No. 96-61, § 3(a), 93 Stat. 407, 407-408 (1979) (codified at 16 U.S.C. § 1821 (1994)).
213. 22 U.S.C. § 1978(a)(1)-(2).
214. Id. § 1978(a)(2).
215. 16 U.S.C. § 1821(e)(2)(B).
216. Id. § 1821(e)(2)(A).
217. 478 U.S. 221 (1986).
218. See Review of the 34th International Whaling Commission Meeting: Hearing Before the Subcomm. on Human Rights and International Organizations of the House Comm. on Foreign Affairs, 97th Cong., 2d Sess. 17-19 (1982); and International Whaling Commission, 33d Report of the International Whaling Commission 20-21 (1983). For the full text of the moratorium, see Marian N. Leich, "Contemporary Practice of the United States Relating to International Law: Environmental Affairs," 79 Am. J. Int'l L. 431, 435-436 n.4 (1985). See also Debora MacKenzie, "Whaling Nations Threaten Unilateral Action," New Scientist, July 14, 1990, at 22; and David S. Lessoff, Comment, "Jonah Swallows the Whale: An Examination of American and International Failures to Adequately Protect Whales from Impending Extinction," 11 J. Envtl. L. & Litig. 413 (1996).
219. See Review of the 34th International Whaling Commission Meeting: Hearing Before the Subcomm. on Human Rights and International Organizations of the House Comm. on Foreign Affairs, 97th Cong., 2d Sess. 17-19 (1982); and International Whaling Commission, 33d Report of the International Whaling Commission 20-21 (1983). For the full text of the moratorium, see Marian N. Leich, "Contemporary Practice of the United States Relating to International Law: Environmental Affairs," 79 Am. J. Int'l L. 431, 435-436 n.4 (1985). See also Debora MacKenzie, "Whaling Nations Threaten Unilateral Action," New Scientist, July 14, 1990, at 22; and David S. Lessoff, Comment, "Jonah Swallows the Whale: An Examination of American and International Failures to Adequately Protect Whales from Impending Extinction," 11 J. Envtl. L. & Litig. 413 (1996).
220. See Review of the 34th International Whaling Commission Meeting: Hearing Before the Subcomm. on Human Rights and International Organizations of the House Comm. on Foreign Affairs, 97th Cong., 2d Sess. 17-19 (1982); and International Whaling Commission, 33d Report of the International Whaling Commission 20-21 (1983). For the full text of the moratorium, see Marian N. Leich, "Contemporary Practice of the United States Relating to International Law: Environmental Affairs," 79 Am. J. Int'l L. 431, 435-436 n.4 (1985). See also Debora MacKenzie, "Whaling Nations Threaten Unilateral Action," New Scientist, July 14, 1990, at 22; and David S. Lessoff, Comment, "Jonah Swallows the Whale: An Examination of American and International Failures to Adequately Protect Whales from Impending Extinction," 11 J. Envtl. L. & Litig. 413 (1996).
221. See Review of the 34th International Whaling Commission Meeting: Hearing Before the Subcomm. on Human Rights and International Organizations of the House Comm. on Foreign Affairs, 97th Cong., 2d Sess. 17-19 (1982); and International Whaling Commission, 33d Report of the International Whaling Commission 20-21 (1983). For the full text of the moratorium, see Marian N. Leich, "Contemporary Practice of the United States Relating to International Law: Environmental Affairs," 79 Am. J. Int'l L. 431, 435-436 n.4 (1985). See also Debora MacKenzie, "Whaling Nations Threaten Unilateral Action," New Scientist, July 14, 1990, at 22; and David S. Lessoff, Comment, "Jonah Swallows the Whale: An Examination of American and International Failures to Adequately Protect Whales from Impending Extinction," 11 J. Envtl. L. & Litig. 413 (1996).
222. See Review of the 34th International Whaling Commission Meeting: Hearing Before the Subcomm. on Human Rights and International Organizations of the House Comm. on Foreign Affairs, 97th Cong., 2d Sess. 17-19 (1982); and International Whaling Commission, 33d Report of the International Whaling Commission 20-21 (1983). For the full text of the moratorium, see Marian N. Leich, "Contemporary Practice of the United States Relating to International Law: Environmental Affairs," 79 Am. J. Int'l L. 431, 435-436 n.4 (1985). See also Debora MacKenzie, "Whaling Nations Threaten Unilateral Action," New Scientist, July 14, 1990, at 22; and David S. Lessoff, Comment, "Jonah Swallows the Whale: An Examination of American and International Failures to Adequately Protect Whales from Impending Extinction," 11 J. Envtl. L. & Litig. 413 (1996).
223. Any member country may file a timely objection to an IWC amendment and thereby exempt itself or "opt out" from any obligation to comply with the limit. See ICRW, supra note 5, art. V(3).
224. See Melinda K. Blatt, Case Note, "Woe for the Whales: Japan Whaling Association v. American Cetacean Society, 106 S. Ct. 2860 (1986)," 55 U. Cin. L. Rev. 1285, 1290 (1987).
225. See American Cetacean Soc'y v. Baldrige, 604 F. Supp. 1398, 1404 (D.D.C. 1985) (referring to "Summary of Discussions on Commercial Sperm Whaling in the Western Division Stock of the North Pacific, Nov. 1-12, 1984, Washington, D.C."), aff'd, 768 F.2d 426 (D.C. Cir. 1985), rev'd sub nom. See also Letter from Malcolm Baldrige, United States Secretary of Commerce, to Yasushi Murazumi, Charge d'Affaires ad interim of Japan (Nov. 13, 1984), reprinted in Appendix to Petition fora Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit at 107a, Japan Whaling Ass'n v. American Cetacean Soc'y, 106 S. Ct. 2860 (1986); and Letter from Yoshio Okawara, Ambassador to Japan, to Malcolm Baldrige, United States Secretary of Commerce (Dec. 11, 1984), reprinted in Appendix to Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit at 110a, Japan Whaling Ass'n v. American Cetacean Soc'y, 106 S. Ct. 2860 (1986). See also Note, "The U.S.-Japanese Whaling Accord: A Result of the Discretionary Loophole in the Packwood-Magnuson Amendment," 19 Geo. Wash. J. Int'l L. & Econ. 577 (1985); and Note, "American Cetacean Society v. Baldrige: A Blow Is Dealt to Executive Agreements," 8 Loy. LA. Int'l & Comp. L.J. 327 (1986).
226. American Cetacean Soc'y v. Baldrige, 604 F. Supp. 1398 (D.D.C. 1985). Secretary of Commerce Malcolm Baldrige was sued in his official capacity because of his role in the legislative process.
227. See id. at 1410; American Cetacean Soc'y v. Baldrige, 768 F.2d 426 (D.C. Cir. 1985).
228. Japan Whaling Ass'n v. American Cetacean Soc'y, 478 U.S. 221 (1986). The majority found that "the courts below and the respondents concede, the statutory language itself contains no direction to the secretary automatically and regardless of the circumstances to certify a nation that fails to conform to the IWC whaling schedule." Id. at 232.
229. See generally, James Michael Zimmerman, "Baldrige/Murazumi Agreement: The Supreme Court Gives Credence to an Aberration in American Cetacean Society III," 14 B.C. Envtl. Aff. L. Rev. 257 (1987). For criticism of the majority decision, see, e.g., Christopher S. Gibson, "Narrow Grounds for a Complex Decision: The Supreme Court's Review of an Agency's Statutory Construction in Japan Whaling Association v. American Cetacean Society" 14 Ecology L.Q. 485, 509 (1987); Scott C. Whitney and Steven R. Perles, "Critical Issues Left Unresolved in Japan Whaling Association v. American Cetacean Society: The Relationship of the Administrative Procedure Act to the Pelly and Packwood Amendments," 28 Va. J. Int'l L. 679 (1988); and Dean M. Wilkinson, "The Use of Domestic Measures to Enforce International Whaling Agreements: A Critical Perspective," 17 Den. J. Int'l L. & Pol'y 271 (1989).
230. The United Nations Conference on Environment and Development (UNCED) is popularly known as the Earth Summit. It was held in Rio de Janeiro in June 1992. From its negotiations emerged Agenda 21, a global environmental action plan for sustainable development. For the text of Agenda 21, UN Doc. A/CONF.151/26 (1992), see "Agenda 21: A Blueprint for Action for Global Sustainable Development into the 21st Century," in Agenda 21: Programme of Action for Sustainable Development; Rio Declaration on Environment and Development; Statement of Forest Principles: The Final Text of Agreements Negotiated by Governments at the United Nations Conference on Environment and Development (UNCED), 3-14 June 1992, Rio de Janeiro, Brazil at 13, UN Sales No. E.93.I.11 (1993). For background on the UNCED negotiations, see Russel Lawrence Barsh, "Indigenous Peoples' Role in Achieving Sustainability," in Green Globe Yearbook 1992: An Independent Publication on Environment and Development 25 (Helge Ole Bergesen et al. eds., 1992).
231. Convention on Biological Diversity, June 5, 1992, 31 I.L.M. 818 [hereinafter Biodiversity Convention]. The Clinton administration signed the Convention on June 4, 1993. "U.S. Signs Bio-Diversity Convention," UPI, June 4, 1993, available in LEXIS, Nexis Library, ALLNWS File.
232. "ISO" is not an acronym for the International Organization for Standardization, but rather the short form by which the organization is known throughout the world. The word ISO is derived from the Greek isos, meaning "equal." See ISO's World Wide Web site at http://www.iso.ch/ infoe/intro.htm.
233. Declaration of the United Nations Conference on the Human Environment, June 16, 1972, 11 I.L.M. 1416.
234. Rio Declaration on Environment and Development, June 13, 1992, pmbl., 31 I.L.M. 876, 876.
235. Earth Summit Press Release (United Nations, New York, NY), Dec. 16, 1992, at 1.
236. "States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction." Rio Declaration on Environment and Development, supra note 174, Principle 2.
237. Chapter 17 of Agenda 21, supra note 170, is entitled "Protection of the Oceans, All Kinds of Seas, Including Enclosed and Semi-enclosed Seas, and Coastal Areas and the Protection, Rational Use and Development of Their Living Resources" and addresses the issue of straddling and highly migratory fish. Paraphraph 17.49 establishes actions that states should take to meet these goals, including (a) giving full effect to the 1982 Convention's provisions protecting fisheries and straddling stocks; (b) applying these provisions to protect highly migratory fish stocks; (c) negotiating agreements to manage fish stocks; and (d) convening a conference under United Nations auspices to address the issue of highly migratory and straddling fish. For a discussion of the negotiations leading up to these provisions, see Alison Rieser, "A.S.I.L. Observer Comments on UN Conference on Straddling and Migratory Fish Stocks," A.S.I.L. Newsletter (American Society of International Law, Washington, DC), Nov. 1993, at 12.
238. Although more than 150 countries signed the treaty at the Earth Summit, it did not enter into force until 90 days after 30 countries had ratified or agreed to abide by the treaty, as required under Article 36. On September 30, 1993, Mongolia became the 30th country to ratify the Biodiversity Convention; the treaty then went into effect 90 days later on December 29, 1993. See "Chronological Summary: Events of 1993," 5 Colo. J. Int'l Envtl. L. & Pol'y 181, 187 (1994).
239. The United States was the only "developed nation" that did not sign it. See "Recent Actions Regarding Treaties to Which the United States Is Not a Party," 31 I.L.M. 1004. The Clinton administration officially signed the Convention on June 4, 1993, but its ratification remains stalled in the Senate. See "U.S. Signs Bio-Diversity Convention," supra note 171.
240. Article 1 of the Biodiversity Convention, supra note 171, states that the objectives of the Convention are, inter alia, the "conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies. . . ." The Convention calls on the parties to develop and implement economically and socially sound incentives for biodiversity conservation. Id. art. 11. For a definition of "sustainable development," see, e.g., World Commission on Environment and Development, Our Common Future 46 (1987) ("a process of change in which the use of resources, the direction of investments, the orientation of technological developments, and institutional change all enhance the potential to meet human needs both today and tomorrow"). Sustainable development is generally defined as industrial development that meets the needs of the present while sustaining the quality of the environment so that future generations may meet their own needs. See, e.g., Design for Environment: Creating Eco-efficient Products and Processes (Joseph R. Fiksel ed., 1996).
241. Article 1 of the Biodiversity Convention, supra note 171, states that the objectives of the Convention are, inter alia, the "conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies. . . ." The Convention calls on the parties to develop and implement economically and socially sound incentives for biodiversity conservation. Id. art. 11. For a definition of "sustainable development," see, e.g., World Commission on Environment and Development, Our Common Future 46 (1987) ("a process of change in which the use of resources, the direction of investments, the orientation of technological developments, and institutional change all enhance the potential to meet human needs both today and tomorrow"). Sustainable development is generally defined as industrial development that meets the needs of the present while sustaining the quality of the environment so that future generations may meet their own needs. See, e.g., Design for Environment: Creating Eco-efficient Products and Processes (Joseph R. Fiksel ed., 1996).
242. The precautionary principle (also referred to as the precautionary approach) is one response when there is scientific uncertainty about future harm. The principle lowers the burden of proof required for taking action against proposed or existing activities that may have serious long-term harmful consequences. Definitions and parameters vary with specific treaty context. See, e.g., the use of this principle by the London Convention (formerly called the London Dumping Convention). The Application of a Precautionary Approach in Environmental Protection Within the Framework of the London Dumping Convention, Resolution LDC.44(14) (1991). Incorporation of the precautionary principle is found in the Preamble to the Biodiversity Convention, supra note 171: "Where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat."
243. Environmental Management Systems: Specification with Guidance for Use (International Organization for Standardization, ISO Standard 14001, 1996) [hereinafter ISO 14001].
244. The importance of the tenets from the Earth Summit to the authors of the international environmental management series is reflected in Environmental Management Systems: General Guidelines on Principles, Systems, and Supporting Techniques (International Organization for Standardization, ISO Standard 14004, 1996) [hereinafter ISO 14004]. ISO 14004 cites in the appendix the Rio Declaration on Environment and Development as an example of international environmental guiding principles.
245. For a discussion of the ISO 14000 series, its development, and its application, see W. M. von Zharen, ISO 14000: Understanding the Environmental Standards (1996).
246. Id. at 8.
247. Id.
248. Id.
249. Id.
250. Id. at 30, 35-37.
251. Id. at 8-9.
252. Id. at 8-11.
253. Id. at 15. For example, the specification document, ISO 14001, supra note 182, is approximately 22 pages in length.
254. von Zharen, supra note 184, at 15.
255. ISO 14001, supra note 182, §§ 4.0-4.5. Interested parties are also referred to as stakeholders.
256. Id. § 4.1.
257. Id. § 3.10.
258. Id. § 4.1.
259. Id. § 4.2.1.
260. Id.
261. Id.
262. Id.
263. Ronnie Wacker, "Strip Mining the Seas: If You Catch and Eat Them All, You Will Run Out of Fish," Sea Frontiers, May 1994, available in LEXIS, ALLNWS file.
264. Id.
265. For a discussion of these threats, see, e.g., Dick Russell, "Vacuuming the Seas: The Exploitative Potential of Commercial Fishing," E: The Envtl. Mag., July 1996, at 28, available in LEXIS, ALLNWS file; Peter Weber, "Ocean in Peril: Overfishing and Other Problems," E: The Envtl. Mag., June 1994, at 36, available in LEXIS, ALLNWS file; and Kieran Mulvaney, "A Sea of Troubles: In the International Year of the Ocean: Are We Reaching the Limits?" E: The Envtl. Mag., Jan. 11, 1998, at 28, available in LEXIS, ALLNWS file.
266. For a discussion of these threats, see, e.g., Dick Russell, "Vacuuming the Seas: The Exploitative Potential of Commercial Fishing," E: The Envtl. Mag., July 1996, at 28, available in LEXIS, ALLNWS file; Peter Weber, "Ocean in Peril: Overfishing and Other Problems," E: The Envtl. Mag., June 1994, at 36, available in LEXIS, ALLNWS file; and Kieran Mulvaney, "A Sea of Troubles: In the International Year of the Ocean: Are We Reaching the Limits?" E: The Envtl. Mag., Jan. 11, 1998, at 28, available in LEXIS, ALLNWS file.
267. For a discussion of these threats, see, e.g., Dick Russell, "Vacuuming the Seas: The Exploitative Potential of Commercial Fishing," E: The Envtl. Mag., July 1996, at 28, available in LEXIS, ALLNWS file; Peter Weber, "Ocean in Peril: Overfishing and Other Problems," E: The Envtl. Mag., June 1994, at 36, available in LEXIS, ALLNWS file; and Kieran Mulvaney, "A Sea of Troubles: In the International Year of the Ocean: Are We Reaching the Limits?" E: The Envtl. Mag., Jan. 11, 1998, at 28, available in LEXIS, ALLNWS file.
268. Chapter 17, supra note 177.
269. Commercial whaling began with the Basques in the Bay of Biscay in the 11th century. Primarily, whales provided lamp oil. For histories of whaling, see generally, George L. Small, Blue Whale (1971); Ivan Terence Sanderson, Follow the Whale (1956); and J. N. Tonnessen and A. O. Johnsen, The History of Modern Whaling (R. I. Christophersen trans., 1982).
270. Commercial whaling began with the Basques in the Bay of Biscay in the 11th century. Primarily, whales provided lamp oil. For histories of whaling, see generally, George L. Small, Blue Whale (1971); Ivan Terence Sanderson, Follow the Whale (1956); and J. N. Tonnessen and A. O. Johnsen, The History of Modern Whaling (R. I. Christophersen trans., 1982).
271. Commercial whaling began with the Basques in the Bay of Biscay in the 11th century. Primarily, whales provided lamp oil. For histories of whaling, see generally, George L. Small, Blue Whale (1971); Ivan Terence Sanderson, Follow the Whale (1956); and J. N. Tonnessen and A. O. Johnsen, The History of Modern Whaling (R. I. Christophersen trans., 1982).
272. To explore this complex evolution with all its cultural, economic, political, sociological, ecological, and ethical dimensions is the stuff of treatises. An excelling beginning is the well-reasoned discussion by Anthony D'Amato and Sudhir K. Chopra in "Whales: Their Emerging Right to Life," 85 Am. J. Int'l L. 21 (1991). D'Amato and Chopra analyze the policies and practices of other international institutions concerned with whaling. Six stages emerge: free resource, regulation, conservation, protection, preservation, and entitlement, the latter perhaps at a tenuous stage. During the "regulation stage," 1918-1931, limited international regulation of the whaling industry was established in order that the fishing industry would have a dependable source of whales. It developed from the realization that profits for the industry in general required a sizable number of that species. The period included the meeting of the Whaling Committee of the International Council for the Exploration of the Sea in 1927. The "conservation stage," 1931-1945, introduced the first measures of conservation, a term which implies taking a long-term view of the health of the whaling industry, "looking beyond immediate economic considerations relating to profit and efficiency, and introduces the notion of longevity for the industry. But, like regulation, it is still aimed at the health of the whaling industry and not the health of whales." Id. at 30. The "conservation-becomes-protection stage," 1945-1977, is characterized "by an admixture of conservationist and protectionist sentiment evolving toward the protectionist end of the spectrum. It is difficult to pinpoint when conservation - undertaken for the health of the whaling industry - starts to become transformed into protective measures undertaken for the survival and longevity of whales as a species. The transition is psychological, even though manifested in legal instruments." Id. at 31. Events in this period include the 1945 Truman proclamations (Proclamation No. 2667, 59 Stat. 884 (1945) and Proclamation No. 2668, 59 Stat. 885 (1945)) inaugurating "a new era of concern." D'Amato and Chopra, supra, at 34. The Geneva Convention on Fishing and Conservation of the Living Resources of the High Seas, supra note 55, was signed in 1958, strengthening conservation measures. The "protection stage," 1977-1982, occurs at some point when the attitude associated with protection "overtakes the psychology of 'conservation.'" D'Amato and Chopra, supra, at 40. Important events in this stage include the Stockholm Conference of 1972 and the finalization of the concept of the 200-mile fisheries zone around 1977. "Although entitling coastal states to such an extensive exclusive zone for fishing might appear to have set back the cause of international controls, it also gave rise to the possibility that the majority of states might ban whaling in their zones." Id. The authors also point out that "[a]n undramatic, but significant, event at the IWC's 1977 meeting was the reporting out of the Scientific Committee of an earlier resolution that suggested replacing the principle of maximum sustainable yield. . . . In short, the eumetric criticism of maximum sustainable yield in 1958 had now osmosed into an official resolution." Id. at 41. In the "preservation stage," 1982-1990, preservationists "will not admit of exceptions - reasonable or otherwise. The preservationist wants to ban all whaling, irrespective of whether a particular species is stable or endangered, an attitude that is clearly incompatible with the industry of whaling. Whalers and preservationists view each other as mortal enemies - as is dramatically reflected in the 'whale wars' that began approximately in 1978 and have since escalated." Id. at 45. Once a moratorium has been declared for both large whales and small cetaceans, the groundwork for a new consciousness is laid: The "emerging entitlement stage." "Preservation is transmuted into entitlement when the moratorium becomes permanent, at which point it is no longer definitionally a 'moratorium' but, rather, may be termed an entitlement to life. . . . Consequently, the entitlement stage may involve the most radical philosophical shift of the progressive stages that we have recounted . . . even though historically it represents only an incremental advance over preservationism." Id. at 49.
273. D'Amato and Chopra, supra note 207, at 30.
274. For a general overview, see 1 International Regulation of Whaling, supra note 7, at 106-109.
275. Johnston, supra note 97, at 398, 399.
276. Id. at 398.
277. Convention for the Regulation of Whaling, Sept. 24, 1931, 49 Stat. 3079 (1935-36), 155 L.N.T.S. 349, 1935 L.N.T.S.
278. Johnston, supra note 97, at 399; see also Leonard, supra note 97, at 98-100.
279. Convention for the Regulation of Whaling, supra note 212, art. 1.
280. ICRW, supra note 5, pmbl.
281. Id.
282. Id. art. III(1).
283. Id. pmbl. The IWC meets annually to identify protected species and adopt and revise annual quotas. See generally, Smith, supra note 93.
284. Protocol to the International Convention for the Regulation of Whaling, Nov. 19, 1956, 10 U.S.T. 952, 338 U.N.T.S. 366; Circular Communication to All Contracting Governments, June 30, 1972, 23 U.S.T. 2820. For a general history of whale conservation, see James E. Scarff, "The International Management of Whales, Dolphins, and Porpoises: An Interdisciplinary Assessment," 6 Ecology L.Q. 323 (pt. I) and 574 (pt. II) (1977); and Tonnessen and Johnsen, supra note 206.
285. Protocol to the International Convention for the Regulation of Whaling, Nov. 19, 1956, 10 U.S.T. 952, 338 U.N.T.S. 366; Circular Communication to All Contracting Governments, June 30, 1972, 23 U.S.T. 2820. For a general history of whale conservation, see James E. Scarff, "The International Management of Whales, Dolphins, and Porpoises: An Interdisciplinary Assessment," 6 Ecology L.Q. 323 (pt. I) and 574 (pt. II) (1977); and Tonnessen and Johnsen, supra note 206.
286. Agreement Relating to the Organization of Permanent Commission of the Conference on Exploitation and Conservation of the Marine Resources of the South Pacific, Aug. 18, 1952, 1006 U.N.T.S. 331.
287. See David D. Caron, Current Development, "The International Whaling Commission and the North Atlantic Marine Mammal Commission: The Institutional Risks of Coercion in Consensual Structures," 89 Am. J. Int'l L. 154 (1995).
288. International Whaling Commission, Chairman's Report of the 13th Meeting 4-5 (1963).
289. David Day, The Whale War 1-15 (1987); D'Amato and Chopra, supra note 207, at 22; and Roger Payne, "New Light on the Singing Whales," 161 Nat'l Geographic 463 (1982).
290. David Day, The Whale War 1-15 (1987); D'Amato and Chopra, supra note 207, at 22; and Roger Payne, "New Light on the Singing Whales," 161 Nat'l Geographic 463 (1982).
291. David Day, The Whale War 1-15 (1987); D'Amato and Chopra, supra note 207, at 22; and Roger Payne, "New Light on the Singing Whales," 161 Nat'l Geographic 463 (1982).
292. A cursory wandering through the pages of the amendments to the ICRW Schedule immediately provides the reader with evidence of this shift. The earlier amendments, beginning in 1949, are peppered with dates of allowable killing, quotas, and sizes. As accountability was deemed necessary, the language in the 1951 amendments mandated strict adherence to operational requirements such as in-water time deadlines for whale carcasses taken for delivery to a factory ship and clear identification of such whales to indicate the catcher and order of catching. Record keeping was expanded to include such items as the time each whale is taken; the time of hauling up for treatment; if female, whether milk-filled or lactating; and the length and sex of fetus if present. In the 1954 amendments, paragraphs are inserted to prohibit the killing of blue whales in the North Atlantic Ocean for a period of five years; and to prohibit the use of a whale catcher attached to a factory ship or to a land station for killing blue whales in the North Pacific Ocean within specific regions for a period of five years. Iceland and Japan filed objections. Parts of these amendments are rescinded or rendered inoperative and then rendered operative (e.g., creation of sanctuaries for certain areas). The brief 1963 amendments slash the allowable catch numbers. The 1974 amendments proscribed some catch increases. In these 1970s amendments, phrases such as "initial management stocks," "sustained management stocks," and "protection stocks" are used with frequency. The 1977 amendments coming out of the Canberra meeting required a formal chart to depict the stock classifications and catch limits for baleen and sperm whales. The 1978 amendment done at London delineated specific logbook requirements in its Schedule Appendix A. Beginning with the 1979 and 1980 amendments, and continuing throughout the 1980s until the 1986 whaling ban, the restrictions significantly increased. (Creative imagineering of bar charts could be developed by tracing the subject area deletions of dates, numbers, and species within the amendments and correlating them with the geographical location of the IWC meetings.) For the text of these amendments, see 2 The Marine Mammal Commission Compendium of Selected Treaties, International Agreements, and Other Relevant Documents on Marine Resources, Wildlife, and the Environment 1410-1567 (Richard L. Wallace comp., 1994).
293. 22d Report of the Commission (Int'l Whaling Comm'n) 20 (1970).
294. United Nations Conference on the Human Environment, Action Plan for the Human Environment, June 16, 1972, Recommendation 33, 11 I.L.M. 1421, 1434.
295. U.S. Dep't of State, U.S. Delegation Press Release No. HE/13/72, at 1-2 (June 9, 1972).
296. "Report of the Scientific Committee," 24th Report of the Commission (Int'l Whaling Comm'n) 28 (1972).
297. At the 1996 meeting the IWC accepted Norway's contention that the minke whale population in the Northeast Atlantic is nearly 120,000 strong. This statistic is used to support Norway's increased take of minke whales for commercial purposes from 232 to 425 during the 1995 whaling season. Because Japan officially protested the 1986 whaling ban and the 1994 creation of the Southern Ocean Sanctuary, it can legally conduct a scientific whaling program.
298. The moratorium was passed by a 25 to 7 vote. There were 5 abstentions. The moratorium provided that "catch limits for all the killing for commercial purposes of whales from all stocks for the 1986 coastal and the 1985/86 pelagic seasons and thereafter shall be zero. This provision will be kept under review based upon the best scientific advice, and by 1990, at the latest, the Commission will undertake a comprehensive assessment of the effects of this decision on whale stocks and consider modifications of this provision and the establishment of other catch limits." See 2 International Regulation of Whaling, supra note 7, at 615 (quoting International Whaling Commission Schedule, February 1983, para. 10(e)). The seven countries voting against the measure were Brazil, Iceland, Japan, Norway, Peru, South Korea, and the U.S.S.R. Chile, China, the Philippines, South Africa, and Switzerland abstained. Id. at 614.
299. See Knauss, supra note 95, at 80-83, where the author argues that continuing the moratorium is a mistake for several reasons: first, a moratorium may be outside the scope of the IWC's mission and therefore an amendment to the convention is more appropriate; second, a moratorium only forces prowhaling nations to move outside the confines of the IWC; finally, by lifting the ban on whaling, resistance to extending conservation efforts to small whales would be lessened.
300. See 45th Report of the International Whaling Commission 27-29 (1995). The establishment of sanctuaries may be created under Article V(2) of the ICRW, supra note 5. See also Phillip Davis, "Whales Given 8 Million Square Miles of Sanctuary" (Interview with Brian Gorman, Spokesperson, American Delegation to the International Whaling Commission, National Public Radio, Morning Edition, May 27, 1994) (Transcript #1355-4); "Whale Sanctuary in Antarctic Likely to Be Adopted: Greenpeace," Agence France Presse, May 22, 1994, available in LEXIS, ALLNWS file; Vassili Papastabrou, "Can Whalers Be Trusted to Save the Whales?" New Scientist, Apr. 23, 1994, at 46; "Whaling: Int'l Commission Approves Antarctic Sanctuary," Greenwire, May 27, 1994; and Suzanne Iudicello and Margaret Lytle, "Marine Biodiversity and International Law: Instruments and Institutions That Can Be Used to Conserve Marine Biological Diversity Internationally," 8 Tul. Envtl. L.J. 123, 138 (1994) (citing Nina Young, "Whales Find Sanctuary at IWC Meeting," Marine Conservation News, Autumn 1994, at 1).
301. See 45th Report of the International Whaling Commission 27-29 (1995). The establishment of sanctuaries may be created under Article V(2) of the ICRW, supra note 5. See also Phillip Davis, "Whales Given 8 Million Square Miles of Sanctuary" (Interview with Brian Gorman, Spokesperson, American Delegation to the International Whaling Commission, National Public Radio, Morning Edition, May 27, 1994) (Transcript #1355-4); "Whale Sanctuary in Antarctic Likely to Be Adopted: Greenpeace," Agence France Presse, May 22, 1994, available in LEXIS, ALLNWS file; Vassili Papastabrou, "Can Whalers Be Trusted to Save the Whales?" New Scientist, Apr. 23, 1994, at 46; "Whaling: Int'l Commission Approves Antarctic Sanctuary," Greenwire, May 27, 1994; and Suzanne Iudicello and Margaret Lytle, "Marine Biodiversity and International Law: Instruments and Institutions That Can Be Used to Conserve Marine Biological Diversity Internationally," 8 Tul. Envtl. L.J. 123, 138 (1994) (citing Nina Young, "Whales Find Sanctuary at IWC Meeting," Marine Conservation News, Autumn 1994, at 1).
302. See 45th Report of the International Whaling Commission 27-29 (1995). The establishment of sanctuaries may be created under Article V(2) of the ICRW, supra note 5. See also Phillip Davis, "Whales Given 8 Million Square Miles of Sanctuary" (Interview with Brian Gorman, Spokesperson, American Delegation to the International Whaling Commission, National Public Radio, Morning Edition, May 27, 1994) (Transcript #1355-4); "Whale Sanctuary in Antarctic Likely to Be Adopted: Greenpeace," Agence France Presse, May 22, 1994, available in LEXIS, ALLNWS file; Vassili Papastabrou, "Can Whalers Be Trusted to Save the Whales?" New Scientist, Apr. 23, 1994, at 46; "Whaling: Int'l Commission Approves Antarctic Sanctuary," Greenwire, May 27, 1994; and Suzanne Iudicello and Margaret Lytle, "Marine Biodiversity and International Law: Instruments and Institutions That Can Be Used to Conserve Marine Biological Diversity Internationally," 8 Tul. Envtl. L.J. 123, 138 (1994) (citing Nina Young, "Whales Find Sanctuary at IWC Meeting," Marine Conservation News, Autumn 1994, at 1).
303. See 45th Report of the International Whaling Commission 27-29 (1995). The establishment of sanctuaries may be created under Article V(2) of the ICRW, supra note 5. See also Phillip Davis, "Whales Given 8 Million Square Miles of Sanctuary" (Interview with Brian Gorman, Spokesperson, American Delegation to the International Whaling Commission, National Public Radio, Morning Edition, May 27, 1994) (Transcript #1355-4); "Whale Sanctuary in Antarctic Likely to Be Adopted: Greenpeace," Agence France Presse, May 22, 1994, available in LEXIS, ALLNWS file; Vassili Papastabrou, "Can Whalers Be Trusted to Save the Whales?" New Scientist, Apr. 23, 1994, at 46; "Whaling: Int'l Commission Approves Antarctic Sanctuary," Greenwire, May 27, 1994; and Suzanne Iudicello and Margaret Lytle, "Marine Biodiversity and International Law: Instruments and Institutions That Can Be Used to Conserve Marine Biological Diversity Internationally," 8 Tul. Envtl. L.J. 123, 138 (1994) (citing Nina Young, "Whales Find Sanctuary at IWC Meeting," Marine Conservation News, Autumn 1994, at 1).
304. See 45th Report of the International Whaling Commission 27-29 (1995). The establishment of sanctuaries may be created under Article V(2) of the ICRW, supra note 5. See also Phillip Davis, "Whales Given 8 Million Square Miles of Sanctuary" (Interview with Brian Gorman, Spokesperson, American Delegation to the International Whaling Commission, National Public Radio, Morning Edition, May 27, 1994) (Transcript #1355-4); "Whale Sanctuary in Antarctic Likely to Be Adopted: Greenpeace," Agence France Presse, May 22, 1994, available in LEXIS, ALLNWS file; Vassili Papastabrou, "Can Whalers Be Trusted to Save the Whales?" New Scientist, Apr. 23, 1994, at 46; "Whaling: Int'l Commission Approves Antarctic Sanctuary," Greenwire, May 27, 1994; and Suzanne Iudicello and Margaret Lytle, "Marine Biodiversity and International Law: Instruments and Institutions That Can Be Used to Conserve Marine Biological Diversity Internationally," 8 Tul. Envtl. L.J. 123, 138 (1994) (citing Nina Young, "Whales Find Sanctuary at IWC Meeting," Marine Conservation News, Autumn 1994, at 1).
305. See 45th Report of the International Whaling Commission 27-29 (1995). The establishment of sanctuaries may be created under Article V(2) of the ICRW, supra note 5. See also Phillip Davis, "Whales Given 8 Million Square Miles of Sanctuary" (Interview with Brian Gorman, Spokesperson, American Delegation to the International Whaling Commission, National Public Radio, Morning Edition, May 27, 1994) (Transcript #1355-4); "Whale Sanctuary in Antarctic Likely to Be Adopted: Greenpeace," Agence France Presse, May 22, 1994, available in LEXIS, ALLNWS file; Vassili Papastabrou, "Can Whalers Be Trusted to Save the Whales?" New Scientist, Apr. 23, 1994, at 46; "Whaling: Int'l Commission Approves Antarctic Sanctuary," Greenwire, May 27, 1994; and Suzanne Iudicello and Margaret Lytle, "Marine Biodiversity and International Law: Instruments and Institutions That Can Be Used to Conserve Marine Biological Diversity Internationally," 8 Tul. Envtl. L.J. 123, 138 (1994) (citing Nina Young, "Whales Find Sanctuary at
306. See 45th Report of the International Whaling Commission 27-29 (1995). The establishment of sanctuaries may be created under Article V(2) of the ICRW, supra note 5. See also Phillip Davis, "Whales Given 8 Million Square Miles of Sanctuary" (Interview with Brian Gorman, Spokesperson, American Delegation to the International Whaling Commission, National Public Radio, Morning Edition, May 27, 1994) (Transcript #1355-4); "Whale Sanctuary in Antarctic Likely to Be Adopted: Greenpeace," Agence France Presse, May 22, 1994, available in LEXIS, ALLNWS file; Vassili Papastabrou, "Can Whalers Be Trusted to Save the Whales?" New Scientist, Apr. 23, 1994, at 46; "Whaling: Int'l Commission Approves Antarctic Sanctuary," Greenwire, May 27, 1994; and Suzanne Iudicello and Margaret Lytle, "Marine Biodiversity and International Law: Instruments and Institutions That Can Be Used to Conserve Marine Biological Diversity Internationally," 8 Tul. Envtl. L.J. 123, 138 (1994) (citing Nina Young, "Whales Find Sanctuary at IWC Meeting," Marine Conservation News, Autumn 1994, at 1).
307. For a general discussion of the IWC's policy shift, as evidenced by the creation of the sanctuary, see Judith Berger-Eforo, Note, "Sanctuary for the Whales: Will This Be the Demise of the International Whaling Commission or a Viable Strategy for the Twenty-First Century?" 8 Pace Int'l L. Rev. 439 (1996). See also Caron, supra note 221.
308. For a general discussion of the IWC's policy shift, as evidenced by the creation of the sanctuary, see Judith Berger-Eforo, Note, "Sanctuary for the Whales: Will This Be the Demise of the International Whaling Commission or a Viable Strategy for the Twenty-First Century?" 8 Pace Int'l L. Rev. 439 (1996). See also Caron, supra note 221.
309. Caron, supra note 221, at 154-155. A member state may opt out of a moratorium by objecting to it: "[Any] amendment [to the ICRW] shall become effective with respect to all Contracting Governments which have not presented objection but shall not become effective with respect to any Government which has so objected until such date as the objection is withdrawn." ICRW, supra note 5, art. V(3).
310. Any contracting party may withdraw. ICRW, supra note 5, art. XI.
311. The fervor of nations' commitments to their respective positions continues. In 1996 Norway left an IWC international conference in protest of a motion condemning its hunt of minke whales. The resolution called on Norway to reveal the size of its stockpiles of whale meat and blubber and to describe its actions for curbing illegal trade. Norway protested that the IWC had no mandate to ask about internal trade. On Norway's side were statistics accepted by the IWC Scientific Committee giving a much higher estimate of the stocks of minke in the northeast Atlantic.
312. See, e.g., Caron, supra note 221, at 161 n.45; and Kazuo Sumi, "The 'Whale War' Between Japan and the United States: Problems and Prospects," 17 Den. J. Int'l L. & Pol'y 317, 327 (1989). See also Andre Darby, "Japan: Calls for the Right to Kill Whales for Food," The Age, May 10, 1993, available in LEXIS, World Library, ALLWLD File; and Eriko Sugita, "Japanese Continue to Eat Whales Despite World Condemnation," Reuters, Aug. 27, 1987, available in LEXIS, News Library, ARC File.
313. See, e.g., Caron, supra note 221, at 161 n.45; and Kazuo Sumi, "The 'Whale War' Between Japan and the United States: Problems and Prospects," 17 Den. J. Int'l L. & Pol'y 317, 327 (1989). See also Andre Darby, "Japan: Calls for the Right to Kill Whales for Food," The Age, May 10, 1993, available in LEXIS, World Library, ALLWLD File; and Eriko Sugita, "Japanese Continue to Eat Whales Despite World Condemnation," Reuters, Aug. 27, 1987, available in LEXIS, News Library, ARC File.
314. Its seat is in Trømsø, Norway.
315. See Alf Hakon Hoel, "Regionalization of International Whale Management: The Case of the North Atlantic Marine Mammals Commission," 46 Arctic No. 2, at 116 (1993).
316. The Faeroe Islands were particularly dismayed with the IWC's role in discussion of pilot whales. Pilot whales are too small to be protected by the rules of the IWC. It is estimated that the Faeroe Islanders killed nearly 500 pilot whales in their first traditional hunt of the year. They hold a noncommercial annual hunt of up to 1,500 small pilot whales. Meat and blubber are distributed free of charge to islanders. The hunt is estimated to provide 15% of the island's meat consumption. The method of killing - schools of pilot whales are driven into bays and killed by hand, with men wielding whaling knives - has been opposed by various welfare groups. See, e.g., David Young, "Commercial Whaling Ban to Remain for Another Year," The Times, July 4, 1992, at 1, available in LEXIS, ALLNWS file.
317. In the whale hunting season that ended in August 1998, Norway caught 624 whales out of a quota of 671. "Whalers Fail to Meet Quota," Fin. Times (London), Aug. 19,1998, at 1,
318. available in LEXIS, ALLNWS file. As a result of such hunts, Norway has been threatened with economic boycotts. See, e.g., "Whaling: Boycott Spurs Fears in Norway," Greenwire, May 28, 1993;
319. and "EC News in the European Press on Tuesday," Reuter Eur. Community Rep., June 22, 1993.
320. Greenland and the Faeroe Islands are semi-autonomous Danish territories.
321. ICRW, supra note 5, pmbl.
322. 10th Report of the Commission (Int'l Whaling Comm'n) 7 (1959).
323. See 12th Report of the Commission (Int'l Whaling Comm'n) 32-35 (1961).
324. Humane Killing of Marine Life, in 2 United Nations Conference on the Law of the Sea: Official Records at 144, UN Doc. A/CONF.13/38, UN Sales No. 58.V.4 (1958).
325. Id.
326. Letter from John Gummer, U.K. Ministry of Agriculture, to the IWC, Mar. 7, 1991 (on file with author).
327. For a brief account of the event, see, e.g., "On the Side of the Whales," The Press (Christchurch), July 26, 1996, at 11; and "Japan Bridles at Annual Whaling Commission Meeting," JEI Rep. (Japan Economic Institute, Washington, DC), July 5, 1996, at 25.
328. For a brief account of the event, see, e.g., "On the Side of the Whales," The Press (Christchurch), July 26, 1996, at 11; and "Japan Bridles at Annual Whaling Commission Meeting," JEI Rep. (Japan Economic Institute, Washington, DC), July 5, 1996, at 25.
329. See "Japan Bridles at Annual Whaling Commission Meeting," supra note 249.
330. Jeremy Bentham, the founder of legal positivism, wrote in 1789 of the moral status of animals: "The question is not, Can they reason? nor Can they talk? but, Can they suffer?" Jeremy Bentham, An Introduction to the Principles of Morals and Legislation 311n.2 (1907). The development of anticruelty laws regarding nonhumans indicates a growing belief that infliction of unnecessary pain upon creatures is morally reprehensible. See, e.g., Bernard E. Rollin, Animal Rights & Human Morality (rev. ed. 1992); and Animals and Their Legal Rights: A Survey of American Laws from 1641 to 1990 (4th ed. 1990). Note the plethora of publications of People for the Ethical Treatment of Animals (PETA). Examples of this organization's publications can be found on the World Wide Web at http://www.peta-online.org/bookstor/index.html. See also Animal Times, PETA's quarterly magazine. The Animal Legal Defense Fund publishes a quarterly newsletter, Animals' Advocate. These are among the many organizations focusing on reducing the suffering of nonhuman animals. For a listing of "animal rights" links on the World Wide Web, see http://arrs.envirolink.org/upc/upc_links.html.
331. Jeremy Bentham, the founder of legal positivism, wrote in 1789 of the moral status of animals: "The question is not, Can they reason? nor Can they talk? but, Can they suffer?" Jeremy Bentham, An Introduction to the Principles of Morals and Legislation 311n.2 (1907). The development of anticruelty laws regarding nonhumans indicates a growing belief that infliction of unnecessary pain upon creatures is morally reprehensible. See, e.g., Bernard E. Rollin, Animal Rights & Human Morality (rev. ed. 1992); and Animals and Their Legal Rights: A Survey of American Laws from 1641 to 1990 (4th ed. 1990). Note the plethora of publications of People for the Ethical Treatment of Animals (PETA). Examples of this organization's publications can be found on the World Wide Web at http://www.peta-online.org/bookstor/index.html. See also Animal Times, PETA's quarterly magazine. The Animal Legal Defense Fund publishes a quarterly newsletter, Animals' Advocate. These are among the many organizations focusing on reducing the suffering of nonhuman animals. For a listing of "animal rights" links on the World Wide Web, see http://arrs.envirolink.org/upc/upc_links.html.
332. Jeremy Bentham, the founder of legal positivism, wrote in 1789 of the moral status of animals: "The question is not, Can they reason? nor Can they talk? but, Can they suffer?" Jeremy Bentham, An Introduction to the Principles of Morals and Legislation 311n.2 (1907). The development of anticruelty laws regarding nonhumans indicates a growing belief that infliction of unnecessary pain upon creatures is morally reprehensible. See, e.g., Bernard E. Rollin, Animal Rights & Human Morality (rev. ed. 1992); and Animals and Their Legal Rights: A Survey of American Laws from 1641 to 1990 (4th ed. 1990). Note the plethora of publications of People for the Ethical Treatment of Animals (PETA). Examples of this organization's publications can be found on the World Wide Web at http://www.peta-online.org/bookstor/index.html. See also Animal Times, PETA's quarterly magazine. The Animal Legal Defense Fund publishes a quarterly newsletter, Animals' Advocate. These are among the many organizations focusing on reducing the suffering of nonhuman animals. For a listing of "animal rights" links on the World Wide Web, see http://arrs.envirolink.org/upc/upc_links.html.
333. Interestingly, the derivations for ecology and economy are similar. Economy comes from Middle English yconomye, management of a household, from Latin oeconomia. Ecology is derived from German Ökologie: Greek oikos, house + German -logie, study (from Greek -logia, -logy). The American Heritage Dictionary of the English Language (3d ed. 1992).
334. Chapter 18 of Agenda 21, supra note 170, stresses the importance of "holistic management of freshwater as a finite and vulnerable resource" (para. 18.6); see also paras. 18.35 and 18.36. Chapter 18 also states that "in developing and using water resources, priority has to be given to the satisfaction of basic needs and the safeguarding of ecosystems" (para. 18.8). See also Biliana Cicin-Sain and Robert W. Knecht, "Implications of the Earth Summit for Ocean and Coastal Governance," 24 Ocean Dev. & Int'l L. 323, 341-346 (1993).
335. New Zealand Delegation, Opening Statement, IWC Doc. IWC/46/OS.NZ (1994).
336. New Zealand Delegation, Statement on Cetaceans, United Nations Conference on Environment and Development, Preparatory Committee III, Working Group II, Item 2, Aug. 12, 1991.
337. Related concepts may be found in the terms "deep ecology" versus "shallow ecology." The Norwegian philosopher Arne Naess used the term deep ecology in 1973 and credits Rachel Carson as the term's author. See Bill Devall and George Sessions, Deep Ecology 67 (1985). The premise of deep ecology is that "deep," probing questions must be asked; that environmental consciousness must be based on biocentric rather than anthropocentric models, that "all things in the biosphere have an equal right to live and blossom and to reach their own individual forms of unfolding and self-realization within the larger self-realization." Id. at 74. Deep ecology looks at the total environment and views humans as part of an entire planetary system in which there is biocentric equality. Humans are part of a biotic team. See, e.g., Aldo Leopold, A Sand County Almanac 241 (1949). Deep ecology embraces the principle that all living beings have value in themselves independent of the usefulness of them for human purposes and that humans have no right to reduce or interfere with these life forms. "Shallow ecology" concerns itself with resource depletion and attaches monetary values to life forms. It devises short-term answers to address human problems; nonhumans are not included in that part of the equation unless they have been assigned a value. Thus, if a species is endangered and has been assigned a monetary value, it is more valuable to humans. Unfortunately, disparate terms have been used for essentially the same concepts. The development of these theories has reached a point where is a significant need to coordinate these concepts in a unified vocabulary, discarding redundant or less appropriate descriptive terminology and replacing it with a set of usable, predictable, and consistent terms. In a forthcoming book entitled Species Law, Species Ethics, this author addresses these issues.
338. Related concepts may be found in the terms "deep ecology" versus "shallow ecology." The Norwegian philosopher Arne Naess used the term deep ecology in 1973 and credits Rachel Carson as the term's author. See Bill Devall and George Sessions, Deep Ecology 67 (1985). The premise of deep ecology is that "deep," probing questions must be asked; that environmental consciousness must be based on biocentric rather than anthropocentric models, that "all things in the biosphere have an equal right to live and blossom and to reach their own individual forms of unfolding and self-realization within the larger self-realization." Id. at 74. Deep ecology looks at the total environment and views humans as part of an entire planetary system in which there is biocentric equality. Humans are part of a biotic team. See, e.g., Aldo Leopold, A Sand County Almanac 241 (1949). Deep ecology embraces the principle that all living beings have value in themselves independent of the usefulness of them for human purposes and that humans have no right to reduce or interfere with these life forms. "Shallow ecology" concerns itself with resource depletion and attaches monetary values to life forms. It devises short-term answers to address human problems; nonhumans are not included in that part of the equation unless they have been assigned a value. Thus, if a species is endangered and has been assigned a monetary value, it is more valuable to humans. Unfortunately, disparate terms have been used for essentially the same concepts. The development of these theories has reached a point where is a significant need to coordinate these concepts in a unified vocabulary, discarding redundant or less appropriate descriptive terminology and replacing it with a set of usable, predictable, and consistent terms. In a forthcoming book entitled Species Law, Species Ethics, this author addresses these issues.
339. ISO 14001, supra note 182, § 4.2.1.
340. Id. § 4.2.
341. Id. § 4.2.3.
342. Id. § 4.2.
343. See, e.g., ISO 14004, supra note 183, § 4.
344. ISO 14001, supra note 182, § 4.1.
345. Id. § 4.3.3.
346. Id. § 4.4.
347. For a discussion of general measurements of environmental products, processes, and services, see von Zharen, supra note 184, at 67-84.
348. This ethic is similar to the land ethic introduced by Aldo Leopold: "All ethics so far evolved rest upon a single premise: that the individual is a member of a community of interdependent parts. The land ethic simply enlarges the boundaries of the community to include soils, waters, plants, and animals, or collectively: the land. . . . A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise." Leopold, supra note 256, at 203-204, 224-225.
349. Interview with Bruce Babbitt, Secretary of Interior, in Rolling Stone, July 8-22, 1993, at 48.
350. "Final Standards Released for Sustainable Forest Management," Eco-Log Week, Nov. 1, 1996, at 1.
351. Id.
352. Id.
353. Id. The first document, Canadian Standards Association, A. Sustainable Forest Management System: Guidance Document (1996), provides an overview of SFM principles for forestry owners and managers. The second document, Canadian Standards Association, A Sustainable Forest Management System: Specifications Document (1996), goes into more specific detail on the requirements of an SFM program. "Among the requirements are: public input into the development of values, goals, and associated indicators relevant to local conditions; the regular third-party audits of an SFM system once it is in place, to verify compliance. The new SFM standards were developed for Canadian forests, the development process having included field-testing in six different forest settings to confirm feasibility. The SFM standards will be subject to continuing revision to respond to advances in forest management knowledge and the changing needs of society." "Final Standards Released for Sustainable Forest Management," supra note 268, at 1.
354. For a general discussion of forest product certification including the FSC, see Julie Lyke, "Forest Product Certification Revisited," J. Forestry, Oct. 16, 1996, at 16.
355. For a description of the initiative, see, e.g., Meg Carter, "The World According to Fair Trading: Third World Producers Are Starting to Get a Fairer Deal," The Independent (London), Apr. 26, 1997, at 19; Madeleine Bunting, "Prince Backs Timber Logo Fight Against Misleading Labels," The Guardian (London), Mar. 18, 1994, at 8; and Lloyd C. Irland, "Wood Producers Face Green Marketing Era: Environmentally Sound Products," 120 Wood Tech. 34 (1993).
356. For a description of the initiative, see, e.g., Meg Carter, "The World According to Fair Trading: Third World Producers Are Starting to Get a Fairer Deal," The Independent (London), Apr. 26, 1997, at 19; Madeleine Bunting, "Prince Backs Timber Logo Fight Against Misleading Labels," The Guardian (London), Mar. 18, 1994, at 8; and Lloyd C. Irland, "Wood Producers Face Green Marketing Era: Environmentally Sound Products," 120 Wood Tech. 34 (1993).
357. For a description of the initiative, see, e.g., Meg Carter, "The World According to Fair Trading: Third World Producers Are Starting to Get a Fairer Deal," The Independent (London), Apr. 26, 1997, at 19; Madeleine Bunting, "Prince Backs Timber Logo Fight Against Misleading Labels," The Guardian (London), Mar. 18, 1994, at 8; and Lloyd C. Irland, "Wood Producers Face Green Marketing Era: Environmentally Sound Products," 120 Wood Tech. 34 (1993).
358. Carl Safina, "Seafood Marketers and Conservation: New Hope for World Fisheries," Living Oceans News (National Audubon Society, New York, NY), Spring 1996, at 2 (discussing the impetus for the alliance).
359. "Unilever Records $2.50 Billion Net Profit for 1996," Business Wire, Feb. 11, 1997, available in LEXIS, ALLNWS file.
360. "New Hope for World Fisheries," the Marine Stewardship Council Information Pamphlet (Feb. 1996) (on file with author).
361. Safina, supra note 274, at 2.
362. The FSC was launched by the WWF, timber traders, and conservation groups in 1993 to promote a market-led solution towards more sustainable forestry practices around the world. Statement of Intent, World Wildlife Fund and Unilever (one of WWF's Endangered Seas Campaign bulletins (1996) (on file with author).
363. For news articles referencing this initiative, see, e.g., Alison Maitland, "Unilever in Fight to Save Global Fisheries," Fin. Times, Feb. 22, 1996, at 4; Debora Mackenzie, "Captain Birdseye Plans Award for Friendly Fisheries," New Scientist, Mar. 2, 1996, at 11, available in LEXIS, ALLNWS file; and "Commerce and Cod Conservation," The Daily Telegraph, Apr. 29, 1996, at 21, available in LEXIS, ALLNWS file.
364. For news articles referencing this initiative, see, e.g., Alison Maitland, "Unilever in Fight to Save Global Fisheries," Fin. Times, Feb. 22, 1996, at 4; Debora Mackenzie, "Captain Birdseye Plans Award for Friendly Fisheries," New Scientist, Mar. 2, 1996, at 11, available in LEXIS, ALLNWS file; and "Commerce and Cod Conservation," The Daily Telegraph, Apr. 29, 1996, at 21, available in LEXIS, ALLNWS file.
365. For news articles referencing this initiative, see, e.g., Alison Maitland, "Unilever in Fight to Save Global Fisheries," Fin. Times, Feb. 22, 1996, at 4; Debora Mackenzie, "Captain Birdseye Plans Award for Friendly Fisheries," New Scientist, Mar. 2, 1996, at 11, available in LEXIS, ALLNWS file; and "Commerce and Cod Conservation," The Daily Telegraph, Apr. 29, 1996, at 21, available in LEXIS, ALLNWS file.
366. Sutton, supra note 13, at 1.
367. Safina, supra note 274, at 2.
368. Sutton, supra note 13, at 1.
369. Cheri Sugal, "Labeling Wood: How Timber Certification May Reduce Deforestation," World Watch (Worldwatch Institute, Washington, DC), Sept./Oct. 1996, at 29.
370. Lyke, supra note 272, at 19.
371. Id.
372. Id. Lyke also notes that in the Tarapoto Proposal, the nations of the Amazon basin have outlined criteria and indicators for that region.
373. Statement of Intent, supra note 278.
374. Green Seal-approved products may be found in such categories as appliances, automotive, lighting products, paints and coating, paper and paper products, and windows and doors. "Green Seal Standards and Product Categories Covered" (Green Seal, Washington, DC, Sept. 1996) (on file with author).
375. See "British Supermarket Moves to Protect Fish Stocks," Reuter Eur. Bus. Rep., Apr. 24, 1996, at 1. Sainsbury, a major British supermarket chain, is phasing out the use of oil derived from industrial fishing. Andrew Woodcock, "Sainsbury's to Phase Out Fish Oil," Home News, Apr. 25, 1996, at 1, available in LEXIS, ALLNWS file.
376. See "British Supermarket Moves to Protect Fish Stocks," Reuter Eur. Bus. Rep., Apr. 24, 1996, at 1. Sainsbury, a major British supermarket chain, is phasing out the use of oil derived from industrial fishing. Andrew Woodcock, "Sainsbury's to Phase Out Fish Oil," Home News, Apr. 25, 1996, at 1, available in LEXIS, ALLNWS file.
377. Sutton, supra note 13, at 1.
378. Typically, a social cost-benefit analysis may be used in assessing environmental added value with the goal of green programs - sustainability - of ultimate benefit to consumers and industry. See Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Accounting Case Studies: Green Accounting at AT&T (1995); Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Cost Accounting for Capital Budgeting: A Benchmark Survey of Management Accountants (1995);
379. Typically, a social cost-benefit analysis may be used in assessing environmental added value with the goal of green programs - sustainability - of ultimate benefit to consumers and industry. See Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Accounting Case Studies: Green Accounting at AT&T (1995); Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Cost Accounting for Capital Budgeting: A Benchmark Survey of Management Accountants (1995);
380. and U.S. Environmental Protection Agency, Environmental Accounting Project Update #4: February 1995-February 1996 (1996).
381. Elizabeth Dowdeswell, remarks delivered in Cambridge, MA, Oct. 27, 1995, quoted in Sutton, supra note 13, at 1.
382. Safina, supra note 274, at 2.
383. See, e.g., Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Accounting Case Studies, supra note 291; Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Cost Accounting for Capital Budgeting, supra note 291; and U.S. Environmental Protection Agency, Environmental Accounting Project Update #4, supra note 291.
384. See, e.g., Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Accounting Case Studies, supra note 291; Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Cost Accounting for Capital Budgeting, supra note 291; and U.S. Environmental Protection Agency, Environmental Accounting Project Update #4, supra note 291.
385. See, e.g., Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Accounting Case Studies, supra note 291; Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Environmental Cost Accounting for Capital Budgeting, supra note 291; and U.S. Environmental Protection Agency, Environmental Accounting Project Update #4, supra note 291.
386. See, e.g., Daryl W. Ditz, Janet Ranganathan, and R. Darryl Banks, Green Ledgers: Case Studies in Corporate Environmental Accounting (1995).
387. Gregory A. Keoleian, Life Cycle Design Guidance Manual: Environmental Requirements and the Product System (1993).
388. See, e.g., Industrial Pollution Prevention Handbook (Harry Freeman ed., 1995); and Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Incorporating Environmental Costs and Considerations into Decision Making: Review of Available Tools and Software (1996).
389. See, e.g., Industrial Pollution Prevention Handbook (Harry Freeman ed., 1995); and Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Incorporating Environmental Costs and Considerations into Decision Making: Review of Available Tools and Software (1996).
390. Mark A. Cohen, Scott Fenn, and Jonathan S. Naimon, Environmental and Financial Performance: Are They Related? (1995).
391. Id. at iii.
392. See, e.g., Price Waterhouse, Progress on the Environmental Challenge: A Survey of Corporate America's Environmental Accounting and Management (1995), which shows that more than 40% of companies responding to the survey elevated oversight of environmental compliance to the board level, doubling the findings of a similar Price Waterhouse survey conducted in 1992, and that 38% of respondents are factoring environmental performance into incentive compensation for executives and senior management.
393. For further discussion of the environmental impact on finances, see, e.g., Stephan Schmidheiny, Changing Course: A Global Business Perspective on Development and the Environment (1992); Michael E. Porter, "America's Green Strategy," 264 Sci. Am. 168 (1991); and Stanley Vance, "Are Socially Responsible Corporations Good Investment Risk?" 64 Mgmt. Rev. 18 (1975).
394. For further discussion of the environmental impact on finances, see, e.g., Stephan Schmidheiny, Changing Course: A Global Business Perspective on Development and the Environment (1992); Michael E. Porter, "America's Green Strategy," 264 Sci. Am. 168 (1991); and Stanley Vance, "Are Socially Responsible Corporations Good Investment Risk?" 64 Mgmt. Rev. 18 (1975).
395. For further discussion of the environmental impact on finances, see, e.g., Stephan Schmidheiny, Changing Course: A Global Business Perspective on Development and the Environment (1992); Michael E. Porter, "America's Green Strategy," 264 Sci. Am. 168 (1991); and Stanley Vance, "Are Socially Responsible Corporations Good Investment Risk?" 64 Mgmt. Rev. 18 (1975).
396. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
397. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
398. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
399. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
400. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
401. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
402. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
403. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
404. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and "Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
405. For example, note the incident involving Royal Dutch Shell's offshore facility, the Brent Spar. Shell meticulously addressed all the permitting and regulatory requirements. When Greenpeace captured the world's attention through globally televised sound bites - even when the scientific data on which Greenpeace relied may have been faulty - it was public outcry that determined the ultimate fate of the decommissioned offshore facility. See, e.g., Alexandra Frean, "Greenpeace Manipulated Us, Admit News Chiefs," The Times, Aug. 28, 1995, available in LEXIS, ALLNWS file; "That Sinking Feeling," The Times, Oct. 13, 1995, available in LEXIS, ALLNWS file; Richard Newton, "Shell-Shocked: How Oil Giant's North Sea Strategy Turned Drama into a PR Nightmare," Mail on Sunday (London), June 25, 1995, at 11, available in LEXIS, ALLNWS file; "Scientist Says Deep-Sea Dumping Should Be Studied," Reuters World Service, Sept. 11, 1995, available in LEXIS, ALLNWS file; Charles Clover and Hugo Gurdon, "Brent Spar May Still Be Dumped at Sea, Says Shell After Its Humiliation by Green Protesters," The Daily Telegraph, Sept. 6, 1995, at 6, available in LEXIS, ALLNWS file; Crocker Snow, Jr., "Oil and Water Cannons Do Not Mix for Shell," World Paper, Aug. 1995, at 16, available in LEXIS, ALLNWS file; and Philip Goldsmith, "More Than Sparring; Deep-Sea Disposal of Oil-Storage Rig Brent Spar," Process Engineering, July 1995, at 12, available in LEXIS, ALLNWS file. For comments regarding Shell and Greenpeace scientific data, see, e.g., Nick Nuttall, " Censure Widens Greenpeace Credibility Gap," The Times, Oct. 4, 1995, available in LEXIS, ALLNWS file; John Vidai, "Greenpeace Admits Mistakes Over Brent Spar," The Guardian (London), Sept. 6, 1995, at 2, available in LEXIS, ALLNWS file; and " Mysteries of the Deep," New Scientist, Aug. 26, 1995, at 3, available in LEXIS, ALLNWS file.
406. See, e.g., Don Hinrichsen, "Computing the Risks: A Global Overview of Our MostPressing Environmental Challenges," Int'l Wildlife, Mar. 1996, at 22; and Ellen Pearlman, "Info Highway? We're All at the Crossroads," Home PC, Sept. 1, 1995, at 17.
407. See, e.g., Don Hinrichsen, "Computing the Risks: A Global Overview of Our MostPressing Environmental Challenges," Int'l Wildlife, Mar. 1996, at 22; and Ellen Pearlman, "Info Highway? We're All at the Crossroads," Home PC, Sept. 1, 1995, at 17.
408. See, e.g., Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, An Introduction to Environmental Accounting as a Business Management Tool: Key Concepts and Terms (1995).
409. Id. See also W. M. von Zharen, ISO 14000: Positioning Your Company for Environmental Success (forthcoming, 1999) (manuscript at 21-24).
410. Id. See also W. M. von Zharen, ISO 14000: Positioning Your Company for Environmental Success (forthcoming, 1999) (manuscript at 21-24).
411. Ed Myers, "All at Sea," The Working Waterfront, Nov. 1996, at 7.