LAWS20009 Lecture Notes - Lecture 7: Humane Society International, Cetacea, Indictable Offence
LECTURE 7: NON-HUMAN RIGHTS
Why have laws to protect non-humans?
WHALES (AND OTHER CETACEANS)
• Both domestic and international regimes for the protection of whales
• Why do whales receive a higher or species level of protection, compared with
other species?
o Anthropocentric reasoning – aesthetic
o Size
Protection of Cetaceans in Australia
• Wildlife Act 1975 (Vic)
o s. 76(1)(a): Any person who (a) in waters to which this Part applies kills, injures, takes or interferes with a
whale; or (b) treats any whale that has been killed or taken in contravention of this Part, shall be guilty of an
indictable offence
▪ Maximum penalty: $158,000
• EPBC Act 1999 (Cth)
o s. 229(1): A person is guilty of an offence if: (a) the person takes an action; and (b) the action results in the
death or injury of a cetacean; and (c) the cetacean is in the Australian Whale Sanctuary or beyond (ie. not in
state coastal waters)
▪ Maximum penalty: $210,000 and/or 2 years jail
Australian Whale Sanctuary
• Established by Section 225 of the EPBC Act
• Enforcement: Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2006)
o Case concerned s. 229 of EPBC Act
o NGO v Japanese fishing company (taking & killing whales from Australian
Antarctic waters)
o Confirmed that Australia can exercise domestic jurisdiction over Antarctic
waters and rights of whales more important than political or economic
standing in the world
o Case led to Australia bringing international legal cases against Japan
Protection of Whales under International Law
• Arguably under customary international law whales have a right to life
• Treaty ‘protection’ - International Convention on the Regulation of Whaling (1946)
• 1980s: shift away from sustainable harvesting, to prohibition of whaling
International Convention on the Regulation of Whaling
Preamble
• Recognising the interest of the nations of the world in safeguarding for future generations the great
natural resources represented by the whale stocks;
• Recognising that the whale stocks are susceptible of natural increases if whaling is properly regulated,
and that increases in the size of whale stocks will permit increases in the number of whales which may be
captured without endangering these natural resources
Schedule,
clause 10(e)
• Catch limits for 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
Lecture Overview
• Whales (and other cetaceans)
o Why are they afforded special
protection?
o Protection under domestic
and international law
• Species protection and Aus law
o Federal rules – EPBC Act
o State rules – the Flora and
Fauna Guarantee Act (Vic)
• Alternative, rights-based
approaches
o Animal rights – protection
from cruelty
o Giving rights to mother
nature – Ecuadorian
Constitution
o Giving legal personality to the
natural environment -NZ
Document Summary
Whales (and other cetaceans: both domestic and international regimes for the protection of whales, why do whales receive a higher or species level of protection, compared with other species, anthropocentric reasoning aesthetic. Protection of cetaceans in australia: wildlife act 1975 (vic) Lecture overview: whales (and other cetaceans, why are they afforded special protection, protection under domestic and international law. Fauna guarantee act (vic: alternative, rights-based approaches, animal rights protection from cruelty, giving rights to mother nature ecuadorian. Established by section 225 of the epbc act. Enforcement: humane society international inc v kyodo senpaku kaisha ltd (2006: case concerned s. 229 of epbc act, ngo v japanese fishing company (taking & killing whales from australian. Antarctic waters: confirmed that australia can exercise domestic jurisdiction over antarctic waters and rights of whales more important than political or economic standing in the world, case led to australia bringing international legal cases against japan.
