The Challenge of the Quorum at the International Whaling Commission

Abstract

The failure to adopt a South Atlantic Whale Sanctuary (SAWS) under the ambit of the International Whaling Commission (IWC) was twice caused by a deliberate breaking of the quorum by those members opposing the establishment of the SAWS. This situation has led the IWC to initiate the process of amending its Rules of Procedure (RoPs) to clarify whether the quorum is reached by simple attendance at the meeting or by being present in the room in which the session is held. This article provides some background on the issue at hand and analyses the RoPs of other bodies and meetings concerning the quorum. It then discusses the RoPs of the IWC and provides an analysis of the terms used in the document, after which the challenge of the quorum with regard to absentee voting is touched upon. Based on this discussion, this article provides further proposals for the amendment of the RoPs that, in the author’s view, would be beneficial for eradicating diverging interpretations.