self-policing, definition
self-policing, which means that rogue members are essentially in charge of themselves and that the IWC can’t exact compliance through anything like sanctions.155 This lack of a proper enforcement mechanism thus falls prey to the Tragedy of the Commons,156 relying on member-states to police the ocean’s resources when in actuality it will lead rogue actors to taking advantage of what they can.157 Finally, and crippling the Commission to a great degree, the IWC has no mechanism to monitor international waters— the resource manager has insubstantial power to police such problems.158 Thus, it is no wonder that the Japanese vessels are often unnoticed and unmonitored in whale sanctuaries. Under principles of international law, extraterritorial jurisdiction—to act outside the bounds of one’s own jurisdiction—is often the most contentious and has been the target of international ire and disagreement.159 Thus, states are often wary of enforcing extraterritorial obligations, and will not interact with whaling vessels that are working outside of the bounds of the Convention, nor does the Convention explicitly state the right to do so.160 Finally, the IWC also has no real process for amending or changing the Convention, which makes reform nearly impossible.161 Thus, for governments interested in violating the Convention, it is almost easier to get away with than comply with, especially because many marine resources are hard to see (as opposed to clear cutting a forest) and so pointing the proverbial finger is difficult.162 All