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June 1st, 2010, 13:55 GMT · By

Australia Calls Japan to Court Over Whaling

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Greenpeace image showing a Japanese ship harpooning a minke whale in the Southern Ocean
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Japanese officials this week received the official notice that Australia is bringing the Asian nation to the International Court of Justice over its whaling actions in the Southern Ocean. Tensions have existed between the two countries for many years, with Australia protesting the fact that Japan is hunting in natural reserves off its southern territorial waters. Japan is exploiting a loophole in a 1986 UN moratorium on whaling, and is hunting, killing and processing whale meat for selling. This has been proven extensively by tracking the meat, as well as by two Greenpeace activists, who are now under trial in the country for doing the right thing.

Peter Garrett, the Environment Protection Minister of Australia, has been taking increasingly harsher stances against Japan over the past few months, and both countries have refused a deal proposed by the International Whaling Commission (IWC). The UN body was set up to ensure that whales are protected worldwide, but it failed its job miserably, as evidenced by the actions of Japan, Norway and Iceland. These three nations have been defying the international community for 24 years, since the moratorium was first adopted. Shortly afterwards, Japan set up the so-called Institute of Cetacean Research (ICR) as a front for its operations. The organization has been plagued by suspicions ever since.

Top government spokesmen in Japan said that the country would not divulge its plan of counteracting the Australian lawsuit to the press. The discussions will take place in The Hague, where the International Court of Justice (ICJ) is based. Australia is looking to ban Japan's access to the Southern Ocean, where the Asian nation has been hunting both endangered and vulnerable whale species. Environmental groups such as the Sea Shepherd Conservation Society (SSCS) and Greenpeace have over the past few years taken a stance against the Japanese whaling fleet, harassing the vessels as they tried to catch their annual quota. For the 2009-2010 season, SSCS activists managed to reduce the Japanese catch to half of the planned one.

Under the IWC proposal, Japan and other whaling nations would reduce their quotas significantly over the next few years. But other nations would have none of it. These three countries have already killed more than 33,000 whales over 24 years, and the international community is fed up with their defiance. The results of the trial are sure to take a few years to be publicized, legal experts say. The ICJ is not exactly famous for working incredibly fast, but undoubtedly the judges will see where the justice lies.

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READER COMMENTS:


Comment #1 by: Leonard Green on 02 Jun 2010, 12:04 UTC reply to this comment

"...but undoubtedly the judges will see where the justice lies."

The ICJ will decide whether the Japanese are in compliance with the applicable laws, which means the ICWR Article VIII. And courts typically defer to agencies interpretations of their own regulations. So since the IWC has never said the Japanese are violating Article VIII it is unlikely that the ICJ will find that Japan is in violation.

Also a case is settled the ICJ usually issues a status quo injunction, locking in the current situation. This means Japan will be free to hunt 1000+ whales a year in the Southern Ocean.

And ultimately even if Japan were to lose, all they would have to do is leave the IWC and then they could whale without restrictions, just like Iceland did in 1992. There would be political consequences for such an action but it is an option they would have.

Comment #1.1 by: Tudor Vieru on 07 Jun 2010, 14:05 GMT

You are correct. Hopefully, if all else fails, maybe anti-whaling activists will continue blocking their expeditions for years to come. There is no incentive like money, and if the ships don't come through with the catch, then there will be no financial justification for Japan to disobey international law, and continue with this masquerade it calls the ICR.

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