Scientific Whaling? The Scientific Research Exception and the Future of the International Whaling Commission

Whales are complex creatures with diverse capacities for intelligence, playfulness, esthetic expression, and social learning. And yet they have not been granted legal standing as beings with rights to this species-specific form of life. For this reason, whales continue to be hunted and killed for both commercial and scientific purposes. This paper examines the whaling industry and its impact on whales' species-specific form of life, and presents a theoretical framework for reconciling the conflicting claims of whales and human scientists. We pay particular attention to the International Whaling Commission's 1982 moratorium on commercial whaling and the controversial scientific exception built into this moratorium, which allows the killing of whales for vaguely defined scientific purposes. We also focus on the 2014 International Court of Justice ruling that Japan's program of scientific whaling in the Antarctic violated international law; Japan's decision to continue a revised form of the program despite the ruling; and the resistance that this program has met from marine activists. Finally we argue that any theoretical framework that does justice to whale life must go beyond a utilitarian or rights-based approach, and instead must focus on the distinct capabilities of whales as they live their lives unencumbered by human killing. This approach enables us to protect spheres of choice and characteristic life-activities for whales, while also articulating what a contemporary scientific inquiry into whale life should and should not include. With this framework developed, we present policy recommendations for the International Whaling Commission, anti-whaling activists, and individual nations interested in protecting the rights of whales.