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Displaying 21 - 30 of 46
Title Author Citation Alternate Citation Agency Citation Summary
Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States Sarah R. Morgan Animal Legal and Historical Web Center

This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.

Detailed Discussion on Whaling Tom Krepitch Animal Legal & Historical Center Much of today's discussions about whaling are centered on Japan's program in the Antarctic. While some organizations like Sea Shepherd have taken a direct action approach to ending Japan's hunt, some organizations and countries have pursued legal approaches to doing so. Both approaches have seen some success, but the future of whaling remains uncertain.
Detailed Discussion: The Global Protection of Whales Angela Lang Animal Legal & Historical Center

This discussion of whales focuses on the global protection of whales, beginning with the International Whaling Commission and the problems arising from legally permitted whaling. The second section involves the United States and International laws protecting whales, beginning with the Marine Mammal Protection Act,the Endangered Species Act and Treaty of CITES. The third section involves additional threats to whales, focusing on the problems of fishing nets, pollution, ship collisions, and whale watching and how human actions can have an effect on whale populations.

Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act? April Fisher and Amber A. Bell 27 Golden Gate U.L. Rev. 67 (1997)

This article examines the holding in United States v. Hayashi and concludes that by narrowly defining what constitutes "harm" under the MMPA, the Ninth Circuit ignored the plain meaning of the term, the legislative history of the MMPA and the regulations interpreting the MMPA. Moreover, the Ninth Circuit's holding in Hayashi allows fishermen to harass marine mammals as long as the action does not seriously disrupt normal marine mammal behavior.

Dolphin Protection and the Marine Mammal Protection Act Have Met Their Match: The General Agreements of Tariffs and Trade Joseph J. Urgese 31 Akron L. Rev. 457 (1998)

This article explores the conflict between conservation and the policy of free trade. The author concludes that the Tuna/Dolphin cases represented the inevitable clash between two laudable goals- environmental protection and free-trade. Resolution of this conflict and future conflicts can only come from the incorporation of both of these objectives into one global regime.

DOLPHIN-SAFE TUNA: THE TIDE IS CHANGING Kristen L. Stewart 4 Animal L. 111 (1998) Ms. Stewart reviews the history of the tuna-dolphin controversy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fishing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other countries’ tuna, to force tuna-fishing nations to use dolphin-safe practices.
Eco-Terrorism in the Southern Ocean: A Dangerous Byproduct of the Tangled Web of International Whaling Conventions and Treaties Alana Preston 34 Whittier L. Rev. 117 Utilizing a research exception granted under the international moratorium on commercial whaling imposed by the International Whaling Commission, Japanese whalers have been harvesting endangered whales in the Southern Ocean. The anti-whaling activist group, Sea Shepherd Conservation Society, also operates in the Southern Ocean by locating Japanese whaling vessels in order to bring an immediate halt to all whaling activities, often employing violent tactics designed to injure whaling vessels and property. Sea Shepherd operates under an apparent mandate of the United Nations World Charter for Nature allowing individuals to “[i]mplement the applicable international legal provisions for the conservation of nature and the protection of the environment.” The multitude of vague international conventions and treaties governing the Southern Ocean have therefore created a tangled and confusing web of authority where both Japanese whalers and Sea Shepherd have arguable claims of operating under legitimate legal mandates. In this note, Alana Preston argues that individual countries should enforce their domestic laws to prevent the Japanese from whaling, so private entities, like Sea Shepherd, will not.
Endangered Species Act Listing Dirk Kempthorne This press release announces listing polar bears as a threatened species under the Endangered Species Act.
HONORABLE DISCHARGE : PAWS V. DEPARTMENT OF THE NAVY Andrea Vitalich 1 Animal L. 133 (1995) This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.
HONORABLE DISCHARGE: PAWS v. DEPARTMENT OF THE NAVY Andrea Vitalich 1 Animal L. 133 (1995) This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.