I dont have a link yet, will try to post one latter. The unarmed customs ship the oceanic viking has been down in antiatica taking photoes of the Japanise waling fleet. They have filmed the slaughter of a mother wale and her calf and the goverment are taking legal advice over who they can procicute on this and where

Now recently there was a case in the federal court that ruled that a) our claim over the majority of antatica was legal, b) that the area the Japaness are waling in is our exculsive economic zone. This means that the Japaness must abide by Australian fishing laws (as well as all the rest) which means that the waling is a criminal action under Australian law.

The courts also encoraged the federal goverment to take more active action against the Japanise fleet including boarding and areasting ships crews

Now i would be interested in seeing what people opinions are, I will leave this as a NON anomouse poll, if people wish me to change this PM me and i will

http://www.news.com.au/common/imagedata/0,,5877406,00.jpg




AUSTRALIAN Customs chiefs have finally released video footage showing the Japanese torture of whales as they are harpooned.

The disturbing proof of the cruel nature of Japan's "scientific research" - their justification for this year's slaughter of minke whales in the Southern Ocean - emerged today after The Advertiser revealed photos of a mother minke and baby being winched aboard a Japanese whaler.

Scientists say the calf was less than one year old.

The film was taken by an Australian ship monitoring the hunt - and until now the Government has been unwilling to release it.

Rock icon turned Envirnoment Minister Peter Garrett today said he was "sickened" by the slaughter - but believes the "distressing" photos will help build up global opposition to whaling.

"I guess when I saw the photos I just felt a bit of a sick feeling as well as a sense of sadness," Mr Garrett said.

"It's very disappointing. It's distressing when you think that it can take up to 15 minutes after a harpoon actually hits a whale for the whale to die.

"It's even sadder when you consider there's a calf involved."

Viewed 07/02/08 at 19:48 (http://www.news.com.au/adelaidenow/story/0,22606,23173529-5005962,00.html)

The origional video is also avialable on that link but i wont post it here. I havent watched it, i find the whole thing sickning. If the federal court gave the goverment the right to send the RAN and Armed customs and fisheries ships to intercept, board and detain then i think they should do so.

The world court. If we sent an Armed customs ship, we'd be portrayed as bullies etc. Although I wouldn't mind sticking to principles, I know thats not going to happen, even with a labor government.

Lets face it, we cannot force them to stop, even if we take them to the world court. If we could declare that area of the Antarctic as being Australian waters purely for conservation, then we could be justified in sending an armed ship down there to stop them. But we can't and we won't. Australia would never fire on a Japanese whaling vessel because we would not want to ruin the relationship we currently have with the Japanese Government.

And lets face it, Garrett has turned into one of the biggest two faced liars that ever walked this earth. I mean the idiot approved the pulp mill. The PULP MILL!!:mad: He will not do anything and will simply tow the line.

The Institute of Cetacean Research (ICR) today denied two whales photographed as they were dragged bleeding into the whale processing vessel Yushin Maru, in the Southern Ocean, were mother and calf.

The two whales were unrelated, ICR director general Minoru Morimoto said, and the variance in size showed only "random sampling" in practice.
http://www.news.com.au/story/0,23599,23175117-2,00.html

Apparently, that's supposed to make it "ok".

God damn bastards!!:mad:

In a few years there won't be any whales left for them to "harvest" so that should put a stop to them doing this. As soon as all parts of the ocean are polluted, which today over 50 percent of it already is, then more fish will become extinct and fewer problems will arise with the way they do business.

are these whales endangered?

Lets face it, we cannot force them to stop, even if we take them to the world court. If we could declare that area of the Antarctic as being Australian waters purely for conservation, then we could be justified in sending an armed ship down there to stop them. But we can't and we won't. Australia would never fire on a Japanese whaling vessel because we would not want to ruin the relationship we currently have with the Japanese Government.

And lets face it, Garrett has turned into one of the biggest two faced liars that ever walked this earth. I mean the idiot approved the pulp mill. The PULP MILL!!:mad: He will not do anything and will simply tow the line.

Ever see the chaser's parody of him ?

So true.
http://www.youtube.com/watch?v=QIsJCR6w1Vg

Arrest them for breaking Australian law in Australian territory?

Ask yourself what Japan would do if Australia sent a fishing fleet to its waters without permission and violated Japanese laws there. At the very least they'd tell them to get the hell out and never come back, more likely they'd be arrested. And who'd be responsible for damaging relations? Australia.

Just like Japan is responsible for damaging them in this case.

As an American, I think we should invade and occoupy the country over this issue... wait, is there oil in this "Japan" place?

Oh... just wales, you say....

But they can be tunred into oil...?

YES, INVASION then!

~String

As an American, I think we should invade and occoupy the country over this issue... wait, is there oil in this "Japan" place?

Oh... just wales, you say....

But they can be tunred into oil...?

YES, INVASION then!

~String

Hehe. Humanity hasn't changed, has it string ?

Hehe. Humanity hasn't changed, has it string ?

Just bigger clubs and sharper spears**!

~String
__________________________________________________ ________
**Speaking of Spears: JESUS, she's a wreck!

Arrest them for breaking Australian law in Australian territory?

Ask yourself what Japan would do if Australia sent a fishing fleet to its waters without permission and violated Japanese laws there. At the very least they'd tell them to get the hell out and never come back, more likely they'd be arrested. And who'd be responsible for damaging relations? Australia.

Just like Japan is responsible for damaging them in this case.

I'd like to get our claim recognized over the waters internationally (has it already ?), before we start arresting random people. that way, we're watertight with the international community.

Ah I thought it was already recognized, but apparently the Antarctic Treaty forbids international claims.

Not much you can do then except lodge a protest with the Japanese government for all the good it'll do. Maybe fit a ship with some kind of sound generator that will scare the whales away and follow the whaling fleet around with it. :shrug:

Ignorance

http://www1.istockphoto.com/file_thumbview_approve/1830717/2/istockphoto_1830717_sledge_hammer.jpg

Intelligence

http://www1.istockphoto.com/file_thumbview_approve/2557905/2/istockphoto_2557905_ball_pein_hammer.jpg

There is no competition.

If you have to chase people around in a boat how much hope is there?

Ignorance

http://www1.istockphoto.com/file_thumbview_approve/1830717/2/istockphoto_1830717_sledge_hammer.jpg

Intelligence

http://www1.istockphoto.com/file_thumbview_approve/2557905/2/istockphoto_2557905_ball_pein_hammer.jpg

There is no competition.
If you have to chase people around in a boat how much hope is there?


What intelligence?

Really, all I see is the the old adage, if at first you don't succeed get a bigger Hammer.

are these whales endangered?

Thy are when the Japanese are about

Just bigger clubs and sharper spears**!

~String
__________________________________________________ ________
**Speaking of Spears: JESUS, she's a wreck!

You are right I am sad to say

How about economic sanctions ? I suspect such a policy would never be implemented across the board. Vested interests.

As far as i know the only three countries that surport whaling are Japan, Norway and South Koria. The anti whaling countries (ie those for whom its a large political issue) are mostly Australia, NZ and Britton. Its a HUGE issue here because whales actually come into our coasts and are a HUGE tourist assest here.

Changer that clip is so sad but true. I used to admire him alot and i know as a goverment offical he has to make compromises but this many?:(

Bells im not sure about that, if any other nation invaded our teriotial fishing waters we have no problem boarding and aresting the crew. Why is Japan so different, esspecially after the fed court ORDERED the goverment to go and do it. I cant actually think of anyother case where the courts have been ignored by the goverment (they bitch and moan about decisions, and they might drag there heels but they dont normally ignore them)

Maybe we should start a pertision to force the goverment to action even if it WOULD piss the US off. Showing we would stand up to Japan could even improve our relationship with china. Its an international whale preserve for christ sake AND its been ruled to be our eclusive economic reserve so we DO have the law on our side. Whats next whaling in sydney harbor because the Japs dont recognise THAT as our exculisive economic zone either??????

Its time we stoped pissing around about this, infact there is a good case for the Japanise to be charged with piracy over the sea sheped incident as well but that seems to have disapeared as well


On a side note i am surprised that this thread exploded after i posted the piture, seems photos DO have power

Did you know that there used to be 100s of thousands of Whales in and around Japan - until the Europeans, well actually 4 out of 5 ships were American, killed them all.

I've eaten two types of Whale. It tastes horrible. Just like cow that's been left to rot in the ocean for a month. Blaaaahh... just gross. But, I saw some in the shops so I bought it for a BBQ to try it out. Just gross.

I do not think that whaling should be banned but it should only be done by those small communities living in Japan like Ainu, some small ocean side communities of Koreans, Eskimo, Finish, Norwegians, etc... those people that traditionally lived on whale. It's no smarter or dumber than a pig (maybe dumber). But we;re happy to eat pork - actually stock pig is more intelligent than many breeds of dog. I think people get overly emotional about whale, sometimes while having a good steak...

Well, that's my take on it.
Michael

I was thinking maybe i should add some options for any japanise here, ARE There any Japiness on the board?:p

the nordic countries kill whales too and no one seems to get pissed at them

So do the Koreans and some people living in Canada.

1) It isn't any more or less immoral than killing and eating pig, dog, tuna, cow...
2) For some communisties this is there way of life - take that and you take away 1/2 their culture. For people who have lost so much to The Age of Exploration - well they just don't want to lose any more. Sure you could go there and open a McDonalds but food isn't the whole point anymore.
3) All Japanese I know do not like Whale - it tastes horrid, rancid even. But, what they don't like is Westerners coming in and telling them what they should and should not do ESPECIALLY given then fact that all the Whales are goin BECAUSE of the West - and not for food but slaughtered like the Buffalo to be parted out and used for profit (whale oil or Buffalo skin). There where millions of Whales around Japan the Americans took BY FAR the most. Part of Japan "opening up" was in response to what they though of as: Holy Shit these guys are stealing out food - f*ck they have no right too but we're powerless and part: Holy Shit these guys just bombed out Capitol and told us we WILL trade with them - weather we want to or not. Heck, I'd say WWII was a direct response to the way Japan was treated by the West including the stealing of the last of the Worlds large Whale-stock in and around Japan.

Want Japans Whaling to stop? Then pay for Japanese to be educated in the need for it to stop. The beauty in Whales. Do an AD campaign. Then accept there will always be some small numbers taken - but try to get this done the old fashioned way, it may not be as easy on the animal but they'll take a lot less of them.

are these whales endangered?
More endangered than Japanese people.

Mow them down I say.
Poachers in many African nature reserves are gunned down in machine gun fire on sight, no questions asked. Helicopters cruise around looking for them, when they find them they hover over them and radio the kill squad, which then hones in and pumps them full of lead. It's a good system.
I don't see why anyone would consider this different, unless they're racist.

There where millions of Whales around Japan the Americans took BY FAR the most.

History of whaling - Wikipedia, the free encyclopedia
In 1719, the Dutch began exploiting the Davis Strait whale fishery, dominating this area until the 1780s, when British whalers took over the trade. ...
http://en.wikipedia.org/wiki/History_of_whaling

The oldest written mention of whaling in Japanese records is from Kojiki, the oldest extant Japanese book, which was written in the eighth century. In this book whale meat was eaten by Emperor Jimmu. In Man'yōshū, the word "Whaling" (いさなとり) was frequently used in depicting the ocean or beaches.

Japanese traditional whaling technique was dramatically developed in the 17th century in Taiji, Wakayama. Chubei Wada organized the group hunting system (刺手組) and introduced new handheld harpoon in 1606. Kakuemon Wada, later known as Kakuemon Taiji, invented the whaling net technique called Amitori hou(網取法) and increase the safety and efficiency of whaling.

Whaling has been frequently mentioned in Japanese historical sources. [1]

Whaling history (鯨史稿), Seijun Otsuki, 1808 [2]
Whaling Picture Scroll (鯨絵巻), Jinemon Ikushima, 1665 [3]
Whale Hunt Picture Scroll (捕鯨絵巻), Eikin Hangaya, 1666 [4]
Ogawajima Keigei Wars (小川島鯨鯢合戦), Unknown, 1667, [5]

A dish of whale meat in JapanWhales have long been a source of food, oil, and crafts' material. A famous Proverb quotes: "There's nothing to throw away from a whale except its voice."
---------------------------------------------------------------------------------------

In the early 1900s, Japanese whaling techniques developed further and Japanese whalers began turning to the West for modern whaling techniques.[citation needed]

Following the devastation of World War II, food was scarce, consequently whales, being a cheap source of protein, became a larger part of the Japanese post-war diet.
---------------------------------------------------------------------------------

At an IWC meeting in 2006, a resolution calling for the eventual return of commercial whaling was passed by a majority of just one vote. There has been a failure to lift the ban on commercial whale hunting and Japan has since threatened to pull out of the International Whaling Commission (IWC). [3]
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1. First beef up military security
2. Declare Antartica as a protective Zone
3. Declare rules of fishing
4. Warn 3 times any transgretion
5. Shoot the fishing boat and rescue the people minus any catch

Hopefully the Japanese will learn something. It took two nuclear bombs for them to learn...so it will take a big hammer.

Want Japans Whaling to stop? Then pay for Japanese to be educated in the need for it to stop. The beauty in Whales. Do an AD campaign. Then accept there will always be some small numbers taken - but try to get this done the old fashioned way, it may not be as easy on the animal but they'll take a lot less of them.

That's the thing though. The Japanese are turning away from whale meat. The Japanese have attempted to market them so they appeal to more of the Japanese population, but they aren't eating it. The younger people in Japan do not eat it. So they are marketing it as burgers and crumbed and fried in a bid to get more of the younger Japanese to eat it. They are even trying to offer it on school menus, but it is not working.

For all of Japan's success in winning support from other countries for its campaign to ease the restrictions on whaling - especially smaller countries which receive Japanese aid - the Japanese people are losing interest.

Whale meat is only served in a few specialist restaurants, and occasionally appears on supermarket shelves. Younger people almost never eat it.
Link (http://news.bbc.co.uk/1/hi/world/asia-pacific/4106688.stm)



So it apparently gets turned into dog food.Link (http://www.wdcs.org/dan/publishing.nsf/allweb/38F865D143F73D29802571110037169A) Link (http://news.bbc.co.uk/1/hi/sci/tech/4700418.stm)

There are also health concerns with eating whale meat, due to the dangerous mercury levels found in the meat itself.Link (http://www.sciencedaily.com/releases/2003/05/030520082803.htm)

Their claim that whaling is part of their traditional culture is also a bit strange, when one considers it was only popular with the small coastal communities. The rest of the Japanese community came to know whale meat much later on in the 20th century with the invention of the harpoon gun.Link (http://news.bbc.co.uk/1/hi/world/asia-pacific/4106688.stm)

Whale meat was especially widespread in the difficult years after the Second World War, when it was seen as a cheap source of protein.

But as incomes rose, people switched to imported beef, or fish like tuna and salmon. With such an abundance of high-quality protein available these days, few Japanese see the point in eating whale, which doesn't taste that special.
Link (http://news.bbc.co.uk/1/hi/world/asia-pacific/4106688.stm)


While it used to be considered an expensive delicacy, the price of whale meat has dropped dramatically in recent times, simply because the demand for it is so low. But their pride and stubbornness will not let them admit that it is unpopular. Instead of just letting it go, they are now on a push to encourage younger generations to eat whale meat. Younger generations are more for conserving whales instead of eating them. So the Japanese Government and Fisheries departments are now trying to educate them about eating whale, because apparently, their views needs to be changed.Link (http://www.washingtonpost.com/wp-dyn/content/article/2005/06/18/AR2005061800890_2.html)

You need to wonder why they are fighting for dropping the moratorium when their own populace are not interested in the meat. Their policy is antagonistic. They have more than they can or want to consume so they want to hunt more?.. And for what? To let it sit in storage and turn it into pet food. It's a disgrace.

Bells did you hear the artical on the news during the sea shepod crisis that basically said the more heat we pour on the Japs the more widespread the knowlage they are actually still DOING it, the more pressure they will put on there OWN goverment to stop it. So if we start directly confrunting ships rather than piddling around in the background we may actually make some progress here. That is one of the main reasons im for armed ships and the Navy to engage because this may well become to unpopular as soon as the first ship is boarded. Even if all we do is conficate the ships, toe them back to Australia and skink them the Japniess goverment will have to not just subsides the industry but constantly buy them new ships. How much of there budget are they going to devote to this when they have to pay for new ships and all we have to pay for is some dinamite if that (we could just give them to the navy and airforce for target practice)

Bells did you hear the artical on the news during the sea shepod crisis that basically said the more heat we pour on the Japs the more widespread the knowlage they are actually still DOING it, the more pressure they will put on there OWN goverment to stop it. So if we start directly confrunting ships rather than piddling around in the background we may actually make some progress here. That is one of the main reasons im for armed ships and the Navy to engage because this may well become to unpopular as soon as the first ship is boarded. Even if all we do is conficate the ships, toe them back to Australia and skink them the Japniess goverment will have to not just subsides the industry but constantly buy them new ships. How much of there budget are they going to devote to this when they have to pay for new ships and all we have to pay for is some dinamite if that (we could just give them to the navy and airforce for target practice)

If we boarded and confiscated their ships in what is, for the most part, international waters, we would be breaking the law. The waters where they are whaling is not exactly ours. We like to view it as ours, but I don't think we actually have ownership of it. No one can actually claim ownership of Antarctic waters. If the waters could be declared a proper whale conservation area, then we could possibly justify sending armed ships to the area to protect the whales, but it is an expensive exercise. The Japanese will get around it, as they have done in the past, by claiming their whaling is for scientific purposes. That is how they have gotten around whaling through the moratorium, when whaling was banned to allow the species of whales to increase. As it stands today, the whale numbers have increased, but not to the point where we can say the moratorium can be lifted.

They have also expressed the desire to kill humpback whales and Australia can demand they not do so, as it will directly impact on our tourism industry. Whale watching is huge business in Australia and if their numbers drop, it will impact greatly on Australian tourism. As it stands, we can only hope to take them to the International Courts and hope for the best. As I understand it however, we do not have enough for the world to impose a ban on their whaling. You would think the fact they have stockpiles of whale meat in cold storage that is not being sold or eaten due to the Japanese not wanting to should be enough, but no. What we can do in the meantime is to advertise here in Australia about why whales should be protected, and hope like hell the hundreds of thousands of Japanese tourists who come to our shores each year will start to spread the word. We can also continually advise them of the inherent dangers of eating whale meat, due to the high levels of mercury found in their meat. Something even Japanese scientists have been trying to point out.

I would love to see the brief for this "resurch" what are its aims and objectives. What do they expect to find when they blow the whale up before even disecting it. What are they going to do if we bord and destroy there ships? They would have basically 3 choices, they can snub there noses at us by recalling there abasidor and winging alot, they could take us to the international court of justice or they could do nothing and suck it up. If they take us to the international court of justice they will have to provide EVIDENCE of this so called "resurch" in violation of the international ban and that will be the end of the issue right there and then. After all we would be inforcing the international moratoriam on whaling which ALL countries must abide by. Also there is the extra spanner of the court ruling that the section of antatic water is OURS and ours alone. No i dont think its in anyway a certinty that the Japs would win the case.

How many countrys are on either side? US, Canada, UK, NZ, Australia, Germeny (anyone think of any more) against 3 maybe??? I dont see why we have been piddling around on this issue making compromises for what? so that they will agree with us??? They will never back down. MAYBE we can convince Norway and possably South Koria to join our side but the Japanise have proven they wont back down on this issue. Hell the bloody industry isnt even economically sustainable and the goverment has to pour good money after bad to keep it afloat. If they insist on this why would they back down?? Wow they backed down on the hump backs, so what? How long should we WAIT to take action? till they are all gone??? Till other fish specise are effected? till our tourisium industry colapes? Till they start hunting DOLPHINS off the coast of WA or Victoria? at what point will we actually DO something??????

Buffalo Roam,

"If that double-bolted land, Japan, is ever to become hospitable it is the whale-ship alone to whom the credit will be due; for already she is on the threshold...."

Moby Dick

It was after all, off the shores of mysterious Japan Captain Ahab first confronts and and it ultimately defeated by the White Whale...

Ahh..Harrrrr mates... thar she blows ...


:)
Michael

Hey I agree, Japan should not kill whales. But, I also think the moral grounds of protecting not endangered Whales is no more than people wanting to protect pigs and cows or not wanting to eat dog or cat. People have emotional ties to whales that I agree. BUT, what I think people should do is donate money to groups of Japanese inside Japan so that they can fight the propaganda campaign. Attack from two angles first - Whale has huge levels of mercury it is not healthy to eat. Whale's are fun to watch and peaceful lovable animals with intelligence just like a puppy :)

Then sneak in up the middle with a bit about how Australians feel sad and it could seriously harm relations with Japan. Making it much harder to do good business over something that needn't be killed.

Finally give them a way out to save face.

We support traditional communities using traditional fishing techniques to maintain a historical link with the past. But flying over the ocean and dropping lazer guided missiles is not the Japanese way and is unfair - even dishonorable to the Whale...


Basically refocus the message.

Each time you board a boat you make it EASY for the other side to News-Bit that footage into any bit of "Eco Terrorist" message THEY want. Don't be so simple.

Ah I thought it was already recognized, but apparently the Antarctic Treaty forbids international claims.

As I understand it, it forbids new claims. As it stands, Antarctica is carved up in approximate wedges, which are internationally recognised as claimed by a number of different nations (Australia, US, Argentina, New Zealand etc.)

There is no international agreement as to how far off the coast of Antarctica national claims to the Southern Ocean extend.

Bells did you hear the artical on the news during the sea shepod crisis that basically said the more heat we pour on the Japs the more widespread the knowlage they are actually still DOING it, the more pressure they will put on there OWN goverment to stop it. So if we start directly confrunting ships rather than piddling around in the background we may actually make some progress here.

The problem with direct confrontation in the Southern Ocean is that there is no international agreement that Australia has territorial sovereignty over the waters in question. If it does not, then any violent action would be an act of piracy on the high seas, in breach of international law.

Aside from the legal implications, Australia would not want to jeopardise relations with its largest trading partner (Japan). There's no way any Australian ship would shoot at a Japanese vessel, or commandeer it. Certainly not in disputed international waters.

The Australian Federal Court has ruled that the Japanese whaling is illegal under Australian domestic law. However, no foreign state is bound by Australian domestic law outside Australian territory. Since the territory in this instance is disputed, the Japanese may well have a valid legal argument that Australian domestic law does not extend to it. This is a matter that, in principle, could be decided by the International Court of Justice, but it would involve opening a general can of worms on the claims of many countries to Antarctic territories.

(Note: I am not an expert on this, and am happy to be corrected by others who are more knowledgable if I am wrong.)

Jame you dont happen to have a link to the judgment do you? I only herd about it third hand and i would love to get my hands on the orgional

Asguard:

The judgment is downloadable from the www.austlii.com.au website:

Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2008] FCA 3

It was ruled that the Japanese whaling contravened the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

THE COURT ORDERS that the respondent be restrained from killing, injuring, taking or interfering with any Antarctic minke whale (Balaenoptera bonaerensis), fin whale (Balaenoptera physalus) or humpback whale (Megaptera novaeangliae) in the Australian Whale Sanctuary, or treating or possessing any such whale killed or taken in the Australian Whale Sanctuary, unless permitted or authorised under sections 231, 232 or 238 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

As to Australia's territorial sovereignty, the court says:

Australia’s claimed exclusive economic zone extends to the waters adjacent to the baseline of Australia’s external territories, including, importantly for this matter, the Australian Antarctic Territory. By virtue of the statutory definition in s 225 of the EPBC Act, the waters within 200 nautical miles from the Australian Antarctic Territory land mass are within the Australian Whale Sanctuary.

Australia’s claim to sovereignty over the Australian Antarctic Territory is recognised only by four nations (New Zealand, France, Norway and the United Kingdom), themselves with asserted (and otherwise disputed) claims over various parts of the Antarctic land mass. Japan rejects Australia’s purported exercise of jurisdiction over waters that are considered by Japan to be the high seas. This is not a ground for invalidity of the EPBC Act: the sovereign claim by Australia to the Australian Antarctic Territory is not a matter capable of being questioned in this Court in this proceeding: cf Mabo v Queensland (No 2) (1992) 175 CLR 1. These matters of sovereignty and international recognition (and lack of extensiveness thereof) can be taken to have been before, and well recognised by, Parliament when it enacted the EPBC Act.

More information on the specifics of the whaling and its illegality are included in the judgment.

James after reading what you posted plus the aplication from the atorny general it seems that the full bench decided that its up to the goverment whether they inforce this ruling or not. However the court apears to have laid the ground work so there is no legal imediment NOT to follow the rulling if there is enough political pressure aplied to the goverment.

The court DID state that the fact that Japan doesnt accept Australia's claim is no excuse for not enforcing our legilation

James after reading what you posted plus the aplication from the atorny general it seems that the full bench decided that its up to the goverment whether they inforce this ruling or not. However the court apears to have laid the ground work so there is no legal imediment NOT to follow the rulling if there is enough political pressure aplied to the goverment.

The court DID state that the fact that Japan doesnt accept Australia's claim is no excuse for not enforcing our legilation

Yes, but the issue here is that the waters off Antarctica are not internationally recognised as being part of our territory. It is disputed waters. If we attempt to enforce the court's ruling with the use of force, we would be breaking international laws. At present, Japan is allowed to hunt for whales for the purpose of scientific research.

The case Australia can present to the international courts and the whaling commission is that Japan are not killing the whales for scientific research. The reason the customs ship is monitoring the hunt is simply to gather evidence of indiscriminate killing in a section of water that is deemed to be a whale conservation area. While a few countries have recognised that body of water as being within the realm of Australia's territory or water's, it is not exactly internationally recognised as such, hence why it is deemed to be disputed territory. Our court rulings have no bearing on Japan, as a separate legal entity and nation. For us to get them to stop, we simply need to take them to an internationally recognised court, to which Japan is a member, and also take the evidence to the whaling commission to prove that the hunt is not for scientific purposes, in the hope enough pressure will be placed on Japan to make them stop.

Taking offensive or even defensive action at present would be tantamount to our breaching international laws. While it would be wonderful to have our navy ships patrolling there and shooting or sinking those whaling vessels, we simply have no right to do so at the present time. What Australia can do in presenting its case is to prove the sheer volume of whale meat being stockpiled in cold rooms in Japan. Prove that the whales caught are not being used for research.. the figures they are showing are bunk beyond belief.. demand to see analytical and substantial research completed on the whales caught (at present I understand they are showing eyeball size with very little analytical studies done, in fact, I understand they have been quite unwilling to show what indepth research they have supposedly been completing).. Show that similar research can be conducted without having to kill the animals.. Put forth evidence that whale meat is dangerous for human and animal consumption due to the high amount of mercury found in their meat.. Show that instead of hunting the whales for research, use the documented evidence gathered so far to prove that the whales are being killed indiscriminately.

And then, start a campaign to educate the Japanese people of all of the above, through paid advertising, etc. Get the Japanese themselves to say no to whaling. With mounting international and internal pressure, they could then have no reason to demand to be allowed to keep whaling.

Bells i agree those are actions that should be taken curencurently.

I cant find the line in the judgement but it went something along the lines that "the fact that the juristiction of Australia is disputed dosnt proclude action being taken on the related legilation"

I cant understand why an action against the Saudi Arabian goverment (by the relitives of the 11/9 victoms families) relating to things which took place on Saudi soil should have been up held and as far as im aware abided to but what is happerning in waters that we claim as our own and as a wild life santuary no less is irrelivent. At least this will stop all refuling off fremantal as if they step onto Australian soil the court has ruled they should be arested. It would be a brave DPP who didnt lay those charges.

Out of intrest have we, NZ ect or greenpeace ever taken action in the ICJ over this?

Update on this topic:

JAPAN's whalers are going broke and have been forced to slash prices because no one wants to eat their growing mountain of whale meat.

The farcical truth of Japan's whaling industry was exposed yesterday by Japanese media reports that the Institute for Cetacean Research is struggling to repay $37 million in government subsidies.

The report came as Japanese embassy officials made a stern protest in Canberra over the Federal Government's release of shocking whaling photographs.

The ICR, responsible for Japan's lethal "research operation", is flooding Japan with cheap whale meat that it cannot sell, according to the reports in respected newspaper Asahi Shimbun.
http://www.news.com.au/story/0,23599,23206087-2,00.html


Excuse me while I gag!

Bells have you herd about the dolphin hunting?

They herd them into a lagoon and then stab them and let them bleed to death. Its another discrace

are these whales endangered?There are several species of Minke Whales. If this is the Southern Minke Whale (20-25 feet long) the world population is in the range of 100,000-300,000 depending on whose figures you believe. That puts it well above the level of "endangered," but it is still classified as "conservation dependent." If it's the Dwarf Minke Whale (considerably smaller), there's no data on population.the Nordic countries kill whales too and no one seems to get pissed at themWe do in the U.S. Many of us boycotted Norwegian food imports for a couple of years. I don't think they noticed, we're probably not one of their biggest markets. I think Norway is alone in this. AFAIK the other Scandinavian countries are far too "green" to allow something with as high a profile as whaling.

I found this last night while TRYING to find the chasers war on everything - preaching athiasium.

For those who watch its that really cool one where the chasers go door knocking early in the morning on JW and Mormon doors, isnt payback great:D

Anyway this one is payback against the japs

Scientific hunting of Japanise:p

http://www.youtube.com/watch?v=AILT5qumfEg