Does Size Matter? The ICRW and the Inclusion of Small Cetaceans

The competency debate over small cetacean regulation at the International Whaling Commission (IWC) is legal in nature, yet has been in a political stalemate for years. In this article we argue that the IWC has the competence to regulate small cetaceans and that the commercial whaling of ‘small cetaceans’ is a violation of the moratorium on commercial whaling. We present hybrid legal and scientific arguments and counter-arguments for the treaty interpretation of the International Convention for the Regulation of Whaling and, given recent precedent, advocate that the International Court of Justice be called upon to resolve this matter.