About time - Australia takes Japan to court over whaling

Australia takes Japan to court over whaling

But will it do any good without global support

After years of threats, Australia is finally taking international legal action against Japan to stop it's scientific whaling program in the Southern Ocean. But Canberra is now fighting on two fronts to halt whaling globally. The International Whaling Commission will consider a compromise at its June meeting that would allow commercial whaling. If approved, that would undermine Australia's efforts .. though Canberra says it's ready to fight on two fronts.

Well I'm guessing not this needs a global push because Australia simply doesn’t have the clout on Japan to make them take any notice.
Will Australia get the support from the South Pacific Nations will any other country pitch in here.
Time will tell

Find it here


MJ2

reply to post by majestictwo


Power to Aus!

And what is that crap about Japan's "scientific" whaling?

See a whale, kill a whale is not scientific.

reply to post by majestictwo


Good on our PM for finally moving forward on a campaign promise from his 2007 campaign...
Shame he waited till just before the next election...
Why did he wait 3 years you ask?
Because he's a polotician and wants votes to get re elected......

Funny how in an election year they give us all the good stuff. If only every year was an election year.
Something to think about, a possible out clause every year for unkept promises.

Let me guess. Election soon?

I'd be surprised if the court even agrees to hear this case. The IWC has not disbanded, and thus a forum and procedure for handling this case already exists. Generally the courts don't get involved unless it's proven that the existing regulatory body is no longer capable of dealing with an issue.

Further muddying the waters is the fact that the "compromise" vote to occur next month has Australian authors - Australian representatives to the IWC have partaken in the development of the compromise, but the government has already stated they will veto it.

I guess we'll have to wait a couple of days to see the details of the case...

Originally posted by vox2442
Let me guess. Election soon?

I'd be surprised if the court even agrees to hear this case. The IWC has not disbanded, and thus a forum and procedure for handling this case already exists. Generally the courts don't get involved unless it's proven that the existing regulatory body is no longer capable of dealing with an issue.

Further muddying the waters is the fact that the "compromise" vote to occur next month has Australian authors - Australian representatives to the IWC have partaken in the development of the compromise, but the government has already stated they will veto it.

I guess we'll have to wait a couple of days to see the details of the case...

Yep an election coming up my guess is they will do nothing - nevertheless movement has started and even if it takes 10 years the pressure will build

G'day All,

Well it happend, we told Japan no more and we will see you in court.

All Japan could say was, "it is regretable".

Regretable!!! Yes regretable it's taken this long for us to do it...

Blessed Be: Kernoonos......

Originally posted by majestictwo


Yep an election coming up my guess is they will do nothing - nevertheless movement has started and even if it takes 10 years the pressure will build

I'm kind of confused as to what's about to happen.

- If they try to nail Japan on the research whaling being somehow illegal, that's easily settled - as that's all laid out in the IWC charter. Japan is abiding quite strictly by their obligations under that charter. A cease and desist on whaling will require the ICJ to disband the IWC, which is not likely.

- If they try - as some have said - to press charges on refueling south of 60 degrees, then that's a simple cease and desist if it's proven, and will involve Japan being obligated to move north of 60 in the future.

- If they try to wage a claim based on their perceived legal sovereignty over that area, it's going to require abandoning the Antarctic Treaty.

I'm at a loss to figure out what case Australia thinks it can win here - and if they're seeking an injunction until a frivolous case can be heard, if that actually goes through, it won't be without repercussions (ie countersuit) if Australia fails.

That, in combination with extending the middle finger to a lot of friendly nations that have been supporting Australia at the IWC... risky game being played here.

I'll get the popcorn on.

Originally posted by vox2442

Originally posted by majestictwo


Yep an election coming up my guess is they will do nothing - nevertheless movement has started and even if it takes 10 years the pressure will build

I'm kind of confused as to what's about to happen.

- If they try to nail Japan on the research whaling being somehow illegal, that's easily settled - as that's all laid out in the IWC charter. Japan is abiding quite strictly by their obligations under that charter.

Can you provide more information as to how you believe they are killing this quantity of whales in the name of research.

Garrett defends whaling stance despite US criticism

Australia on collision course with Japanese whalers Federal Environment Minister Peter Garrett has rejected US claims that the Federal Government's court action on Japanese scientific whaling risks legalising the Japanese program.

ABC News

Regardless of if they win or lose the battle... fair play to the Aussies...

In good honest Aussie tradition, of seeing through the bull pooh and telling it like it as, they have shown Japan that on this issue they are wrong!

Australia is acting as the voice for millions on this issue!!

Scientific research?? MY AR....M PIT!!

Australia i applaud you

Originally posted by majestictwo

Can you provide more information as to how you believe they are killing this quantity of whales in the name of research.

What, again?

Seems like no one bothers reading the stuff whenever I do.

Here's a quick copy and paste of an old post of mine:

here's the relevant text of the IWC's convention on whaling.

Article VIII

1. Notwithstanding anything contained in this Convention any Contracting Government may grant to any of its nationals a special permit authorizing that national to kill, take and treat whales for purposes of scientific research subject to such restrictions as to number and subject to such other conditions as the Contracting Government thinks fit, and the killing, taking, and treating of whales in accordance with the provisions of this Article shall be exempt from the operation of this Convention. Each Contracting Government shall report at once to the Commission all such authorizations which it has granted. Each Contracting Government may at any time revoke any such special permit which it has granted.
2. Any whales taken under these special permits shall so far as practicable be processed and the proceeds shall be dealt with in accordance with directions issued by the Government by which the permit was granted.
3. Each Contracting Government shall transmit to such body as may be designated by the Commission, in so far as practicable, and at intervals of not more than one year, scientific information available to that Government with respect to whales and whaling, including the results of research conducted pursuant to paragraph 1 of this Article and to Article IV.
4. Recognizing that continuous collection and analysis of biological data in connection with the operations of factory ships and land stations are indispensable to sound and constructive management of the whale fisheries, the Contracting Governments will take all practicable measures to obtain such data.

iwcoffice.org...

Japan is actually operating within the framework of the convention, as opposed to exploiting a loophole, which would involve exploiting a lack of legal coverage (ie. a loophole).

2) The scientific research program outlines, presentations to the IWC's Scientific Evaluation body, and a list of published and non published data sets and articles can be found here:

www.icrwhale.org...

Furthermore, research catches are an accepted method of determining stocks for commercial viability. Some examples of Australian run research catch programs:
www.dpiw.tas.gov.au...

And another
And here (dead link now - sorry)
and here


( Apologies for the tone of it, it's from another argument and apparently I was having a bad day. Also, not sure why that one link is dead now. Data is likely still out there, though) )

Even though I'm totally against Japanese Whaling, does Australia show a good example by the culling of Roos and Dingos?

According to the International Union of the Conservation of Nature, Australia has the highest number of extinct species in the World, doesn't make us look all that good, and I'm sure the Japs will use that in defense.

If we go at it alone, we will surely loose.

Originally posted by Village Idiot
Even though I'm totally against Japanese Whaling, does Australia show a good example by the culling of Roos and Dingos?

According to the International Union of the Conservation of Nature, Australia has the highest number of extinct species in the World, doesn't make us look all that good, and I'm sure the Japs will use that in defense.

If we go at it alone, we will surely loose.

I kinda tend to agree with you on the last part - we will surly loose not just for the Whales or Australia but for the world


The Roos and Dingo issues are not the same as the whaling issue. Roos can from time to time and in certain places (not all places) become pests not only to humans but to themselves left they would eventually threaten themselves and many would die not from a bullet but from starvation. Dingos that kill livestock would be shot by farmers no differently than a farmer killing a praying cat in any other country.

We should be careful not to paint a picture that could be misinterpreted, that is we shouldn't make ourselves sound like blood thirsty killers shooting Roo's or dingos for fun.

MJ2

reply to post by Kernoonos


When Japan said "It is regrettable" they meant the court thing, not the whale thing.

They could not care less and have no intention of stopping whale slaughter.