The Hunt for Gray Whales: The Dilemma of Native American Treaty Rights and the International Moratorium on Whaling
![handle is hein.journals/cjel22 and id is 325 raw text is: The Hunt for Gray Whales: The
Dilemma of Native American Treaty
Rights and the International
Moratorium on Whaling
Lawrence Watters*
Connie Dugger**
Every generation receives a natural and cultural legacy in trust
from its ancestors and holds it in trust for its descendants.
Edith Brown Weiss1
More than anything else, whale hunting represents the spiritual
and technological preparedness of the Makah people and the
wealth of the culture.
Makah Tribe2
I. Introduction ......................................... 320
II. The Nature of the Tribal Claim ..................... 323
A. Background ..................................... 323
B. Legal Significance of the Treaty Provision to
H unt W hales .................................... 325
III. Background and Structure of the ICRW and
the 1W C ............................................. 326
A. History Of The ICRW ........................... 326
B. History Of The 1WC ............................. 327
* Counsel, Columbia River Gorge Commission; Adjunct Professor, Northwestern School
of Law, Lewis and Clark College. The support for research in international environmental
law provided by a fellowship at Queens University Law School, Northern Ireland, and its
Dean, Professor Norma Dawson, is gratefully acknowledged. In addition, the influence of
three mentors is recognized: Professor William Burke and Professor William Rodgers of the
University of Washington Law School; and Kristine Olson, U.S. Attorney for Oregon and
formerly Associate Dean for Academic Affairs, Northwestern School of Law, Lewis and Clark
College.
** Third year law student, Northwestern School of Law, Lewis and Clark College. The
thoughtful suggestions made by Margaret Hayes, a member of the Office of General Counsel
for NOAA and the U.S. delegation to the International Whaling Commission, are also
appreciated.
1. In Fairness To Future Generations, 32 ENVIRONMENT 7 (1990).
2. MAKAH CULTURAL AND RasAcH CENTER, MuSEUM EXHIBIT LFAFLET 2 (1979) [hereinaf-
ter MAKN CENTER].](ViewImageLocal?handle=hein.journals/cjel22&div=12&collection=&method=preview&ext=.png&size=3)
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The Hunt for Gray Whales: The Dilemma of Native American Treaty Rights and the International Moratorium on Whaling
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