Makah Whaling neg brag lab ndi 2014 Topicality t-its



Download 358.88 Kb.
Page135/142
Date20.01.2021
Size358.88 Kb.
1   ...   131   132   133   134   135   136   137   138   ...   142

Case

Not Key to Culture

1NC

Whale hunting isn’t tied to Makah culture – no reason to lift the moratorium.


Jenkins and Romanzo 98—have a private law practice in Washington D.C., specializing in international and environmental law, and trade and the environment (*Leestefly AND **Cara, “Makah Whaling: Aboriginal Subsistence or a Stepping Stone to Undermining the Commercial Whaling Moratorium?,” Colorado Journal of Int'l Envt'l Law and Policy Colorado Journal of International Environmental Law and Policy, LexisNexis, Winter 1998, http://www.lexisnexis.com.turing.library.northwestern.edu/hottopics/lnacademic/?verb=sr&csi=152950&sr=AUTHOR(Jenkins)%2BAND%2BTITLE(Makah+whaling%3A+aboriginal+subsistence+or+a+stepping+stone+to+undermining+the+commercial+whaling+moratorium%3F)%2BAND%2BDATE%2BIS%2B1998)//FJ

The main arguments articulated by these conservation-minded communities, outlined here, form the basis for this article. As argued in this introduction, if the IWC allows the Makah an ASW quota, this may establish a slippery slope IWC precedent based on minimal cultural need, which could realistically open the door for other prowhaling countries to receive similar culture-based quotas, thereby rendering the current moratorium on commercial whaling essentially meaningless. Part II of this article demonstrates why, as a legal matter, the Makah tribe does not satisfy the narrowly prescribed IWC requirements for obtaining an aboriginal whaling quota. The Makah cannot prove more than a weak (or nonexistent) cultural, or nutritional-subsistence need to whale for two reasons: (1) the Makah do not meet the stringent cultural need component of the IWC test for an ASW quota, because they lack a continuing traditional dependence on whaling, having voluntarily discontinued whaling over eighty years ago while successfully adapting their culture in the absence of such whaling; and (2) the Makah do not fulfill the nutritional-subsistence need component of an ASW quota, because they do not intend to engage in the traditional form of opportunistic hunts required for the exemption, and because they have no dietary reliance whatsoever on whale meat.




Issuing a Makah whale quote would ensure a quota for Japan as well – similar cultural ties.





Share with your friends:
1   ...   131   132   133   134   135   136   137   138   ...   142




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page