Whaling Treaty: Difference between revisions

Jump to navigation Jump to search
 
m (1 revision imported)
(No difference)

Revision as of 22:32, 15 March 2019

Whaling Treaty
Treaty on the Elimination of Piracy, Overfishing and Other Criminal Maritime Activities
SignedApril 6, 2016 (2016-04-06)
LocationKutacar, Tuthina
EffectiveNovember 16, 2016 (2016-11-16)
Condition15 ratifications
Parties15 states
DepositaryGovernments of the Aininian Republic and the Most Serene Empire of Tuthina
LanguagesFrench, Literary Tuthinan

The Treaty on the Elimination of Piracy, Overfishing and Other Criminal Maritime Activities (French: Traité pour l'élimination de la piraterie, de la surpêche et d'autres activités maritimes criminelles, Literary Tuthinan: 𠟯𣹹水寇竭䱷又𠔁水辠㞢𡚑𠣩 chwo'myet suykō ket'yo u'pyet suycoy ci kongyak), commonly known as the Whaling Treaty or the Whale Treaty (French: Traité baleinier, Literary Tuthinan: 護䲔灋 hokyengpyop, "law to protect whale"), is the international agreement that restricts privateering, overfishing (especially of whales) and ocean dumping in international waters throughout Esquarium. Along with the High Seas Treaty, it forms the nucleus of the body of public international law concerning the law of the sea.

History

The catalyst for the treaty came in the form of the Whale War, in which a Fjallandic whaling vessel was sunk by the Tuthinan maritime civil defence force for whaling in waters that Tuthina claims as its exclusive economic zone after a fatal confrontation. Subsequent diplomatic consultations between Tuthina and Ainin, the latter a staunch defender of Tuthinan actions, led to the signing of a memorandum of understanding in Huimont between the two countries on the necessity of establishing standards for behaviour in international waters. Talks between officials of the two countries led to the drafting of a treaty heavily restricting harmful actions on the high seas. It was unveiled and signed by foreign ministers Hiroyuki Tesigahara of Tuthina and Remy Micheaux of Ainin on April 6, 2016.

Description

Article 1 declares the treaty to be jus cogens that all states, not just signatories, are compelled to follow and not permitted to violate, under threat of "restitutive action" by signatories. It then goes on to establish the International Fisheries Commission (CFI), responsible for setting fishing quotas, updating lists of endangered maritime species and resolving disputes over treaty violations between signatories. It declares the membership of the Commission to "constitute of one (1) delegate from each high contracting party" to the treaty.

Article 2 deals with piracy and permits any nation to deal with threats to international shipping as they see fit, reinforcing the customary view of pirates as hostis humani generis, or enemies of mankind. It furthermore bans all states from engaging in the act of privateering and considers the use of military force against warships engaging in the act as self-defence. It reinforces the freedom of navigation principle that "free ships make free goods."

Articles 3 and 4 prohibit the use of certain destructive fishing methods in international waters and authorize the Commission to set quotas for specific species and regions, as well as allocate the quotas among concerned countries.

Article 5 declares the oceans to be the common heritage of mankind and establishes that all states have the responsibility to conserve its ecosystems for future generations. It further sets out restrictions on ocean dumping and includes a near-total prohibition on the dumping of radioactive waste in the ocean. It also encourages signatories to reduce the quantity of plastics and fishing debris released into the ocean.

Status

List of parties

  Denotes a depository of the treaty

Entity Signed Deposited Method
 Ainin April 6, 2016 April 11, 2016 Ratification
Template:Country data Ankoren May 6, 2016 August 1, 2016 Ratification
Template:Country data Arkiasis May 6, 2016 May 30, 2016 Ratification
 Aucuria April 28, 2016 May 25, 2016 Ratification
Template:Country data Ceresnia May 8, 2016 July 1, 2016 Ratification
Template:Country data East Cortoguay June 25, 2016 July 9, 2016 Ratification
 Esquarian Community December 7, 2017 December 7, 2017 Accession
Template:Country data Evroseia April 22, 2016 June 3, 2016 Ratification
 Karazawa May 2, 2016 May 22, 2016 Ratification
 Katranjiev May 1, 2016 May 11, 2016 Ratification
Template:Country data Jathana May 3, 2016 May 8, 2016 Ratification
Template:Country data Lecistan June 25, 2016 July 3, 2016 Ratification
 Luziyca May 10, 2016 June 13, 2016 Ratification
 Montecara September 30, 2016 October 12, 2016 Ratification
 Namor April 25, 2016 April 24, 2017 Ratification
Template:Country data Nautarya–Alouatan April 29, 2016 May 11, 2016 Ratification
Template:Country data Oelia May 10, 2016 May 31, 2016 Ratification
 Pavonistade May 12, 2016 May 19, 2016 Ratification
Template:Country data Saheil April 16, 2016 May 8, 2016 Ratification
 Senria April 25, 2016 May 7, 2016 Ratification
 Sjealand October 19, 2016 December 1, 2016[n 1] Ratification
 Siphria June 21, 2016 August 4, 2016 Ratification
 Swastria October 19, 2016 December 1, 2016[n 1] Ratification
 Tuthina April 6, 2016 April 8, 2016 Ratification
File:Flag vyv.png Vyvland April 21, 2016 May 17, 2016 Ratification
 Xiaodong May 3, 2016 May 22, 2016 Ratification

:1.^ Has claimed a reservation regarding the role of the International Fisheries Commission in the Tynic Sea due to the extant Tynic Commission.

States that have signed but not ratified

State Signed
 Ambrose May 7, 2016