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Whales are exposed to a range of threats of human origin, including entanglements, whaling, and vessel strikes, as well as the broader impacts of climate change and global warming. Ad-dressing these impacts necessitates the establishment of effective legal frameworks aimed at safeguarding whale populations across national boundaries. As part of the Whales and Climate research program, this study aims to develop an understanding of current whale protection laws from both an international legal framework and national perspectives. The study focuses on Australia, South Africa, and Chile as cases from largely different jurisdictions. Utilising a com-parative legal analytical framework, the study identifies the strengths and weaknesses of each country’s legislation and provides insights into their respective whale conservation policies. Furthermore, it points out the challenges of implementing scientific knowledge into policy-making and regulations. The findings reveal that national responses to threats vary significantly, influenced by differences in the local severity of these threats, while international agreements like CMS (Convention on the Conservation of Migratory Species of Wild Animals) and CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) offer a shared foundation. The study also highlights that regulations governing whale watching differ in their level of strictness across countries, yet share similarities in their systematic approach and, in some cases, build upon each other. While there is a general awareness of issues such as entanglements and vessel strike within policy discussions, the measures taken often remain in-adequate or entirely absent. In light of these issues, the barriers between governance and science become particularly evident. The challenge of enforcing these regulations persists across all three nations. Finally, the study examines how the legal frameworks in Australia, South Africa, and Chile can be adapted to address the evolving challenges posed by climate change, ensuring the long-term protection of humpback whales.
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Climate Change global warming Whales and Climate research program whale conservation policies CMS (Convention on the Conservation of Migratory Species of Wild Animals) CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) Australia South Africa Chile
