Document Type
Article
Repository Date
2010
Keywords
Whales and whaling, whaling moratorium, regulation of whaling, International Whaling Commission
Subject Categories
Animal Law | Conflict of Laws | Courts | International Law | Law
Abstract
We have contended in this article that the evolution of the opinio juris of nations has encompassed five, and perhaps six, inexorable qualitative stages: free resource, regulation, conservation, protection, preservation and entitlement. We have argued that assigning whales an entitlement to life is the consequence of an emerging humanist right in international law — an example of the merging of the "is" and the "ought" of the law in the process of legitimization
Repository Citation
D'Amato, Anthony and Chopra, Sudhir K., "Whales: Their Emerging Right to Life" (2010). Faculty Working Papers. 63.
https://scholarlycommons.law.northwestern.edu/facultyworkingpapers/63
