ABSTRACT
This chapter reviews lines between the moral and the legal in the discussion of the emerging rights of whales. It examines the "presentation," of a broadening international consciousness about whaling amounting to an opinio juris—the psychological component of international customary law. The chapter explores an emergent entitlement of whales—not just "on behalf of" whales—to a life of their own. It deals with an inferred moral claim of whales to live and to be left alone. The chapter presents an analytical history of the policies and practices of the various international institutions concerned with whaling. It shows that over time their policies have generally moved through five analytic stages—free resource, regulation, conservation, protection and preservation—and perhaps into a sixth, entitlement. The chapter analyzes the entitlement stage, showing the difference it can make in respect of legal initiatives.
