Marine Mammal Conservation and the Law of the Sea

Cameron S. G. Jefferies is Assistant Professor and Borden Ladner Gervais Fellow at the University of Alberta Law Centre. Dr. Jefferies holds a BSC and LLB from the University of Alberta and an LLM and SJD in Oceans Law & Policy from the University of Virginia School of Law, and has written numerous articles and book chapters on oceans law, shark and marine mammal conservation, and environmental law.

Preface by John Norton Moore

Acknowledgments

Abbreviations

Chapter 1 - Introduction
I. Unfinished Business
II. Conservation, Sustainability, and Other Key Terms
III. Foundational Works
IV. The Global Ocean
V. Marine Mammals
VI. Conclusion

Chapter 2 - The Current Marine Mammal Regulatory Landscape
I. Resource Type and Economic Considerations
II. Legal Foundation of International Ocean Governance
III. Conclusion

Chapter 3 - Goals for the Rational Conservation of Marine Mammals
and Emerging Ethical Considerations
I. Rational Decision-Making Model
II. Goals for Rational Marine Mammal Management
III. Ethical Considerations
IV. Conclusion 191

Chapter 4 - Modern Threats to Marine Mammals
I. Current Threats to Marine Mammals 193
II. Features of a New Response 253
III. Conclusion 254

Chapter 5 - The Case for an Implementing Agreement Pursuant to Articles 65 and 120 of UNCLOS and the Creation of an International Marine Mammal Commission
I. Legally Justified Options for International Marine
Mammal Conservation
II. UNCLOS Implementing Agreements
III. The History and Interpretation of Articles 65 and 120 of UNCLOS
IV. Treaty Termination and International Organization Succession
V. Jurisdictional Limits
VI. Conclusion

Chapter 6 - The Proposal: Part I -- The Framework for a New Approach
I. Introduction
II. Constructing the Framework for a UN Marine Mammals Agreement
III. Conclusion

Chapter 7 - The Proposal: Part II - The Secretariat, Regionalism, and Marine Protected Areas
I. Introduction
II. Institutional Structure & the Secretariat
III. Regionalism
IV. Marine Protected Areas
V. Conclusion

Chapter 8 - Concluding Thoughts

Appendices

Appendix 1: Extant and Recently Extinct Marine Mammal Species

Appendix 2: Ocean Zones

Appendix 3: Draft 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 Sustainable Management of Marine Mammals (Short form: UN Marine Mammals Agreement)

Appendix 4: Structure of the Proposed International Regime for the Conservation
of Marine Mammals

Index