Marine Mammal Conservation and the Law of the Sea, by Cameron S.G. Jefferies, published by Oxford University Press, 2016, 401 pp., $95.00, hardback.

Date01 April 2017
AuthorHoward S. Schiffman
DOIhttp://doi.org/10.1111/reel.12189
Published date01 April 2017
reflected in how readers are likely
to not only enjoy but learn from the
two. There are, unfortunately, one
or two glaring errors in the book
and knowledgeable readers will
quickly identify them. For instance,
the book suggests that all trade in
sturgeon (a fish species regulated
by CITES) is illegal (at 9), which is
patently not the case. A limited
number of the observations on the
part of contributors seem naive or
unrealistic, particularly in the
realms of demand reduction or
community involvement.
One may also be struck by how, in
some instances, an author seems to
have great understanding of his or
her specialization whilst maybe
lacking sufficient appreciation of
other, related, fields. For example,
in the descriptions of both illegal
fishing and illegal logging, the
potential role CITES listing has
played, and that it could do much
more, might be viewed as not hav-
ing been sufficiently grasped. Sev-
eral contributors, quite properly,
identify the weaknessin CITES
whereby its parties are obliged to
penalizebut not criminalize
offenders. But they apparently over-
look the strength of any appendix
listing enabling an enforcement
official on one side of the globe to
respond to an illegally obtained
item arriving from the opposite side
of the Earth. This is a power that no
regional fishery management treaty
offers. Indeed, it is that very
strength which has caused so many
(political as opposed to scientific)
disagreements over proposed list-
ings of marine and timber species
in the Convention in recent years.
Readers may also find it somewhat
odd that Elliott and Schaedla, in
their role as editors, did not supply
some final, overarching chapter,
to pull everything together and
offer concluding comments or
suggestions.
These remarks, though, are essen-
tially minor quibbles. Overall, this
is a good piece of work that
effectively collates a wide range of
input and places it in a sensible and
complementary format. But one
cannot ignore the question that is
likely to spring into the mind of the
average reader at some stage: why
has this been called a Handbook?
Even at over five hundred and
twenty pages, it simply is not
detailed enough to act as a refer-
ence for those seeking ready infor-
mation. The subjects covered each
deserve a tome of their own. The
rear cover, aside from describing
the book as ground-breaking
(which seems inappropriate), also
says it will be an invaluable
resource for students and scholars.
This seems a more reasonable claim
and references to value are indeed
highly appropriate, given that the
retail cost of this publication is
£135. But to claim that it will also
serve regulatory and enforcement
practitioners working to meet the
challenges of transnational environ-
mental crimegoes too far. If the
editors intended their handbookto
be a set of instructions, the other
common understanding of the
word, then it fails in that regard.
Regrettably, a customs or police
officer is unlikely to find much here
to aid them in their daily duties,
even if they could afford to pur-
chase the book.
Reading this book leaves one with
favourable feelings towards the
editors and contributors but also
great frustration towards the pub-
lishing industry. The book will cer-
tainly furnish the reader with an
overview of environmental crime,
and the associated often complex
legal, strategic, tactical and opera-
tional issues and deserves to reach
a wide audience. Regrettably,
accessing it may not be easy with-
out the right library or credit card.
But thats a reality which applies to
many more publications beyond
this one.
John M. Sellar OBE FRGS
Anti-Smuggling, Fraud and
Organized Crime Advisor
Marine Mammal Conserva-
tion and the Law of the Sea,
by Cameron S.G. Jefferies,
published by Oxford Univer-
sity Press, 2016, 401 pp.,
$95.00, hardback.
Few environmental issues have
divided the international commu-
nity as much as whaling. The tragic
history of the overexploitation of
whales is a clear reminder of the
need for conservation and manage-
ment of critical species. The Inter-
national Whaling Commission
(IWC) has a long history of pro-
nounced failure, especially in its
early decades. In 1982, the IWC
adopted a moratorium on commer-
cial whaling that allowed many spe-
cies of large whales to recover.
Today, the IWC is mired in gridlock
as both whaling and anti-whaling
interests refuse to yield. Cameron
Jefferiesnew book offers a possible
way forward. Marine Mammal
Conservation and the Law of the
Sea advocates a new treaty an
implementing agreement to the
1982 United Nations Convention on
the Law of the Sea (UNCLOS). The
proposed agreement would create a
new organization, the International
Marine Mammal Commission
(IMMC), to govern the conservation
and use of marine mammals. The
IMMC would represent a significant
advance in its approach to marine
mammal conservation and manage-
ment. One of its most laudable fea-
tures is that it would provide
conservation for all marine mam-
mals, not just whales. This includes
the orders Sirenia (dugongs and
manatees) and Pinnipedia (seals,
sea lions and walruses), which often
receive less attention than Cetacea
(whales, dolphins and porpoises).
Another important feature is that
the agreement would apply globally
with support from regional organi-
zations. The IMMC would have a
range of tools to achieve its objec-
tives including declaring Marine
Protected Areas (MPAs). To be
ª2017 John Wiley & Sons Ltd
99
RECIEL 26 (1) 2017 BOOK REVIEWS
bs_bs_banner
Review of European Community & International Environmental Law

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT