1. Customary International Law and Whaling
... , aboriginal subsistence whaling will not be considered as it does not come under the definition of a "national fishing fleet." The necessary test to establish international customary law is empirical rather than a normative approach. Consequently it draws the distinction between lex lata and lex ferenda. A court must establish a general acceptance of the rule, firstly by proving that State practice is both extensive ... in banning commercial whaling. An overwhelming majority of States do not whale. The majority of these States do not whale because of their moral belief or legal obligati...
- Word Count: 2621
- Approx Pages: 10
- Has Bibliography
- Grade Level: Undergraduate