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The US presidential race is guaranteed to prove a distraction at the Morocco COP22 gathering, where action is on the agenda

The Australian government takes a delegation to the United Nations climate change talks in Morocco starting Monday – two weeks that are sure to be dominated by, well, who knows?

Because, during the first week, the United States will go to the polls to pick a new president – an event that will act like a giant weapon of mass distraction in Marrakech.

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Engineers and scientists at the Queensland University of Technology have developed an underwater autonomous vehicle to aid in the war against the devastating pest, the crown-of-thorns starfish.

Could allowing environmentally sustainable whaling help end the impasse with Japan? Wanetta Ayers/Wikimedia Commons

Whales had another big win last week – allegedly. The Australian-sponsored resolution adopted by the International Whaling Commission will, in theory, make it harder for nations such as Japan to award themselves special permits for “scientific” whaling.

But as pointed out in The Conversation at the time, the non-binding resolution is likely to have little material effect on whales themselves.

Australia’s delight at the new resolution echoes its response to the International Court of Justice’s 2014 ruling that Japan’s JARPA II whaling program was unlawful.

But since then it has been business as usual for Japan, which simply created a new and different research program – one that makes it very difficult for Australia or anyone else to take it to The Hague again. It is hard to see what these legal and diplomatic victories have achieved in a practical sense, beyond prompting Japan to entrench its resolve to continue with its whaling programs.

It is time for some new tactics. Legal and diplomatic skirmishes with Japan and other pro-whaling nations might feel like the right thing to do. But they deliver little benefit to the whales, and could potentially provoke pro-whaling nations into leaving the IWC altogether.

Longstanding impasse

Before setting out my views as to the way forward, I must state that, on a personal and moral basis, I am absolutely opposed to any whaling whatsoever. I would like to see the complete cessation of whaling by any country in the world.

Unfortunately, however, it does not appear that the events at the recent IWC meeting will change much in practical terms. To be sure, any reform of the IWC is welcome. However, the failure to achieve the required three-quarters majority for the establishment of a South Atlantic whale sanctuary, coupled with the non-binding character of such resolutions, means the IWC has once again proven itself incapable of achieving a strong consensus on contentious issues relating to the protection of whales.

Herein lies the problem. Although this might sound strange coming from a law professor, I believe that the formal legal system is not an effective way to resolve long-entrenched impasses in a way that best serves the interests of the whales themselves.

This is particularly true when the issue draws such emotional responses from all sides. Using the IWC as an ideological battleground does not get us very far in terms of protecting whales.

In its early years, the IWC was characterised as a “whalers’ club”, allocating quotas to member states at levels that significantly harmed whale numbers. Over the past 30-40 years, however, nations such as Australia, New Zealand and Britain have become fiercely anti-whaling, and the commercial whaling industry has met its demise.

As a result, the IWC has over time adopted a much stronger anti-whaling stance, putting it at odds with the whaling states (including Japan, Norway and Iceland) and causing considerable tensions within the IWC.

These tensions have been exacerbated by the fact that, even though the underlying sentiment of many member states has changed, the terms of the 70-year-old treaty have not. That makes it hard for the IWC to morph seamlessly from a resource-management body into a conservation forum.

The logical endpoint

The worst-case outcome would be if Japan (or any other whaling state) feels it is being pushed too far at IWC meetings, and decides to withdraw altogether, which nations can do with as little as six-months’ notice under Article XI of the Convention. Such a country would no longer be bound by any of the restrictions established under the treaty regime – including the moratorium on commercial whaling that has been in effect since the mid-1980s.

Breaking away from the IWC would undoubtedly bring with it significant political and diplomatic costs, making it perhaps unlikely that nations will seriously consider it for now. But if the adversarial tensions continue, pro-whaling states could eventually decide simply to leave the IWC process in order to pursue commercial whaling with little or no international controls. If this were to happen the IWC would have presided over an ecological catastrophe for whales.

Japan’s response to recent developments has shown that a complete cessation of whaling cannot be achieved, at least in the short term. The only rational and pragmatic response is therefore to ensure that as few whales as possible are taken.

I believe the only way for that to happen is for IWC members to agree a compromise based on widely accepted environmental principles such as sustainability. The sad fact for strong anti-whalers such as myself is that this may involve some whaling, albeit on a far more controlled basis than at present.

In this way, the dubious reliance on “scientific” purposes as a disguise for what many observers regard as commercial whaling would end, replaced by a credible system to which everyone has agreed.

It is important not to lose sight of the ultimate purpose here: to preserve whales and do everything possible to protect them. The current emotionally charged legal and diplomatic battles, no matter how worthy and principled, aren’t really in the best interests of these magnificent creatures. An international management regime based on cooperation and clear, objective principles offers a far more promising prospect for their future than the current stalemate.

Steven Freeland does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond the academic appointment above.

This program has been selected from the rich archives of Off Track for your listening pleasure.

In search of the Yiperenye dreamtime story.  Alice Springs custodians explain how local Aboriginal culture is shaped by the historic Red Centre landscape.

Rising sea levels and upstream dams threaten the long term viability of the Mekong Delta, but there is a plan to save it.

Planet Earth II's camera crew came back from filming to find an unwanted visitor.

Republican assembly candidate stands by his belief that global warming is a good thing because it will negatively affect ‘our enemies in desert climates’

Randy Voepel is a big fan of climate change because America’s “enemies are on the equator” and a warmer climate will make their lives worse.

Voepel, a Republican running unopposed to be a California assemblyman, told a reporter in 2007 that he likes global warming because of the harm it will bring to certain nations and because “warmer weather gives the region warm days in November”, the Voice of San Diego reported at the time.

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The amendment, backed by $20m from large energy utilities, has been described by Al Gore and environmentalists as a dishonest attempt to trick consumers

Climate change may have been largely ignored during the presidential election but it will be on the ballot on 8 November, with Florida voters deciding on a measure backed by large utilities that could effectively snuff out the solar industry in the state.

The measure, known as amendment 1, has been criticized as “fundamentally dishonest” for superficially appearing to be pro-solar. However, renewable energy experts warn that it would remove the incentive for homeowners to get rooftop solar panels, devastating the solar industry in America’s sunshine state.

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Volunteers are tagging turtles off the Pilbara coast, and we check out new-age hoof care for horses. Old fridges and bath tubs get a new lease of life in the Beswick community garden, and we visit an edible flower farm off the coast of Brisbane.

The Canadian military probes a mysterious Arctic pinging sound, officials tell the BBC.

Officials have destroyed an Asian hornet nest in Gloucestershire after the invasive species was spotted there, posing a threat to the UK’s honeybees

An Asian hornet outbreak has been contained, the Department for Environment, Food and Rural Affairs (Defra) has said. The first sightings of the pest in the mainland UK were reported in Tetbury, Gloucestershire, in September.

Inspectors from the National Bee Unit destroyed the nest and although two dead hornets were found in North Somerset no further sightings have been reported.

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The week’s top environment news stories and green events. If you are not already receiving this roundup, sign up here to get the briefing delivered to your inbox

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A sleeping dormouse, baby marine iguana and a frilled dragon are among this week’s pick of images from the natural world

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An earthworm named Dave wriggles into the record books as the largest ever found in the UK - measuring a whopping 40cm (15.7in).

Analysts criticise fund – which focuses on cutting the impact of fossil fuels but will not support renewable energy - calling it a ‘drop in the ocean’

A $1bn fund to invest in cutting the climate change impact of fossil fuels has been announced by 10 of the world’s biggest oil companies, on the day the global Paris climate change agreement comes into force.

But analysts called the sum a “drop in the ocean” which showed the companies were not serious in tackling global warming.

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Researchers apply for a licence to carry out a trial of a genetically modified wheat crop in a small field in Hertfordshire.

The Native American women leading the Standing Rock protests against the Dakota Access oil pipeline say they have faced police abuse and mistreatment in jail. North Dakota’s militarized law enforcement has left many of them traumatized. ‘They came with their guns, their weapons and violence and put it on a peaceful people,’ says Lauren Howland, a member of the San Carlos and Jicarilla Apache tribes and Navajo Nation

• At Standing Rock, women lead fight in face of mace, arrests and strip searches

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Since 2010, Dr Thomas Krumpen from Germany’s Alfred Wegener Institute for Polar and Marine Research has been flying above northern Greenland towards North Pole to measure ice thickness. By lowering a small torpedo from the aircraft towards the sea ice scientists are able to to obtain data from inaccessible areas helping to build a clearer picture ice health

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The Paris agreement on climate change has come into force, with efforts due to continue next week on the way ahead.