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Sea Shepherd: Prosecute Japan over whaling and we will withdraw

by Takver
Paul Watson for the Sea Shepherd Conservation Society has offered to withdraw from the current campaign against the Japanese whaling fleet in the Southern Ocean Whale Sanctuary if either the Australian or New Zealand Government agrees to take Japan to court over the whaling issue. He said that if the Australian and New Zealand Government had serious concerns for human safety in regard to confrontations between conservationists and whalers then they should make a proper legal challenge.
According to Paul Watson, Japan is in violation of international conservation regulations, specifically the laws of the International Whaling Commission, the laws of the Convention on International Trade in Endangered Species (CITES), and the laws of the Antarctic Treaty.

All these agreements include Australia, New Zealand, and Japan are signatories and are therfore all legally bound to uphold and enforce these international treaties.

New Zealand Environment Minister Chris Carter has called Sea Shepherd Conservation Society "irresponsible" for attempting to enforce international law through direct intervention.

“We are willing to withdraw this year to allow New Zealand and/or Australia to exercise their responsibilities to safeguard the Antarctic Whale Sanctuary, to uphold the rules of CITES, and their responsibility to the International Whaling Commission,” Said Captain Paul Watson from onboard the Farley Mowat off the coast of Antarctica. “We are willing to allow governments the opportunity to do their duty. It is only when governments fail to do their duty that non-governmental organizations are forced to intervene. The bottom line is that if New Zealand or Australia were doing their job, we would not be down here.” said Watson

New Zealand's representative at the International Whaling Commission, Sir Geoffrey Palmer, said under international law there is no legal argument New Zealand could use to stop the whaling. He said that after looking at the legal situation for months, but New Zealand's only recourse is diplomatic action to change international law.

But New Zealand Greens conservation spokeswoman, Metiria Turei said the Government should use the Antarctic Treaty and the Convention on the International Trade in Endangered Species to stop the whaling.

The Sea Shepherd ship, Farley Mowat, is about 100 miles from the whaling fleet off the Mawson coast of Antarctica. Captain Watson has said he would not attack the Japanese whaling fleet for 48 hours to give an opportunity for the Australian and New Zealand Governments to act responsibly and initiate legal action against Japan.

Paul G. Buchanan, a lecturer in comparative politics and security affairs at the University of Auckland has warned of the geopolitical consequences in the escalating conflict in the Southern Ocean and the problems for Australia and New Zealand in not taking an active observation role of the increasing conflict in the southern ocean.

"...the way things are going, the confrontation between the whalers and environmentalists is headed towards a possible human tragedy (above and beyond the tragedy of the whales). With physical confrontations escalating, the potential for loss of life at sea has dramatically increased. For no other reason than its ability to conduct search and rescue operations if needed, the RNZN would be wise to station an vessel capable of serving as a platform for such operations in the vicinity of the whaling fleet. The whalers are easy to find and the RNZN need not intervene in the dispute. All it has to do is shadow and be in close proximity in the event things go south and an unfortunate incident occurs. Being on station in the area will also allow it to monitor the activities of both whalers and anti-whalers for signs of illegality under the laws of the sea and conventions regarding scientific whaling. That may not guarantee the safety of potential human victims, but it would show determination to use military assets for humanitarian purposes and in upholding international law regardless of the specifics of the dispute." said Buchanan.

Paul Watson details the crimes being committed by Japan:

  1. The Japanese are whaling in violation of the International Whaling Commission's global moratorium on commercial whaling. The IWC scientific committee does not recognize this bogus research that the Japanese are using as an excuse.
  2. The Japanese are killing whales in the Southern Ocean Whale Sanctuary.
  3. The Japanese are killing whales unlawfully in the Australian Antarctic Territory.
  4. The Japanese are targeting fin whales this year and humpback whales next year. These are endangered species, and thus, this is a violation of CITES, the Convention on the International Trade in Endangered Species of Wild Flora and Fauna.
  5. The Japanese are in violation of IWC regulation 19(a). The IWC regulations in the Schedule to the Convention forbid the use of factory ships to process any protected stock: "19. (a) It is forbidden to use a factory ship or a land station for the purpose of treating any whales which are classified as Protection Stocks in paragraph 10. Paragraph 10(c) provides a definition of Protection Stocks and states that Protection Stocks are listed in the Tables of the Schedule. Table 1 lists all the baleen whales, including minke, fin, and humpback whales and states that all of them are Protection Stocks.
  6. In addition, the IWC regulations specifically ban the use of factory ships to process any whales except minke whales: Paragraph 10(d) provides: “(d) Notwithstanding the other provisions of paragraph 10 there shall be a moratorium on the taking, killing or treating of whales, except minke whales, by factory ships or whale catchers attached to factory ships. This moratorium applies to sperm whales, killer whales and baleen whales, except minke whales.” Fin and humpback whales are both baleen whales and are subject to this moratorium.

Obligation and duty to Act

Under the UN World Charter for Nature (1982), individuals singly and collectively have an obligation and duty to safeguard nature against illegal activities:

s. 21: States and, to the extent they are able, other public authorities, international organizations, individuals, groups and corporations shall:
  • (c) Implement the applicable international legal provisions for the conservation of nature, and the protection of the environment;
  • (d) Ensure that activities within their jurisdiction , or control do not cause damage to the natural systems located within other States or in the areas beyond the limits of national jurisdiction;
  • (e) safeguard and conserver nature in areas beyond national jurisdiction.
S.24: Each person has a duty to act in accordance with the provisions of the present Charter; acting individually, in association with others or through participation in the political process, each person shall strive to ensure that the objectives and requirements of the present charter are met.

See Also:

Sources:

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Comments (Hide Comments)
by brightpathvideo
Way to go Paul! It's about time that someone confronted the sham "scientific" whaling of the Japanese whaling fleet. There is absolutely no need for this hunt. The Japanese have picked the wrong groups to mess with. Amen
by David
Amongst an array of lies, Paul Watson ignores the VIIIth article of the International Convention for the Regulation of Whaling, which is the legal clause that Japan issues it's research permits under.

Geoff Palmer, while a bit nutty, at least has the brains to recognise this.

Instead of bitching at New Zealand and Australia for not taking Japan to court, Watson should be demanding that those nations withdraw from this convention (as is their right). Japan is breaking no law - Paul Watson is simply closing his eyes to this. He ought to wake up, smell the coffee, and recognise that his problem is not with the Japanese, but with the agreement that the IWC member nations have signed their names to.
by David Nickarz
I think Paul Watson and his crew are doing a great job upholding the law and protecting the oceans. They are an inspiration to thoughtful people everywhere.

Their work should inspire more people to take similar actions to protect the Earth where they live.

The IWC moratorium on commercial whaling came into force in 1986.
At Ulsan in June 2005 The annual meeting of the IWC condemned Japan's plan to increase the scale of its catches in the name of science: which are to take more than 1000 whales each year in Antarctic waters.
The sixty-three scientists working with the IWC on the issue issued a statement condemning Japan's raised quota.
"It is scientifically invalid ....With the new proposal,Japan will increase its annual take...to levels approaching the annual commercial quotas for Antarctic minke whales that were in place prior to the moratorium.
Consequently,we.. feel unable to engage in a scientifically defensible process of review of the ...proposal"

The IWC then voted down Japan's new quota proposal!

The Japanese have gone ahead anyway ignoring the IWC vote IGnoring the scientific consensus:They are cynically using loopholes to perform commercial whaling which is Illegal while covered by a sham of legal word spin.

Japan's Whaling IS ILLEGAL. Paul Watson is right .Of course the legal word spin also allows other countries to hide behind these weasel words as well. I think this refutes the author of "Lies".

Anyone with an IQ between 50 and 80 can work out that japan's scientific whaling catch claim is utter rubbish! You don't have to kill hundreds of whales to study them for GOD"s SAKE!

What is sickening is the bare faced ARROGANCE of these CREEPS.
by James (James [at] xtra.co.nz)
The problem with the author of "Lies" is he has Brains but no Heart.The slaughter of these magnificent creatures for money and gain is affront to all life on this planet.
The Japanese are heartless and hard but project a soft exterior:this is part of their culture.
by australia
We need to connect with elemental fire and courage.No one wishes to injure Japan's Whaling pirates only lets repatriate them;they must earn aliving like all of us. It's time for Australia to show its self respect and run these Pirates back to Japan. So it's time for Howard not to be a Coward and show some Passion! It's tough let him board the vessel of the "Sea Shepherds" Despite his cowardice he will be moved against his will to say AUSTRALIA FOR EVER>BUGGER THE COWARDICE I BELIEVE IN SOMETHING FOR EVER>BUGGER THE COWARDICE LETS BUGGER THESE JAP BASTARDS>>> AUSTRALIAN<NO SHIT
Australia and New ZEaland have lost their Grecian Proud Independence ,which 2500 years ago usuallly meant an early death,Fighting off the invaders.

We live in the world of globalisation :If you want your life style to continue don't show any independence,becauase you aren't independent, If you have a major trading partner who supports your life style through trade you must accomodate your policy to theirs,like whales!?

So Grecian independence and heroism is replaced by accomodations and exchange of money at the expense of the natural world ,ie whales here!.

Australia and NZ have been gutted by these exchanges and have lost the Spartan fire to protect these magnificent creatures of the Southern Oceans:all for money!
by from the sacred balance
Dakota children understand that we are of the soil and the soil of us,that we love the birds and beasts that grew with us on this soil .A bond exists between all things because they all drink the same water and breathe the same air.
Luther Standing Bear,My people the Sioux

Mother Earth
The mother of us all,
the oldest of all,
hard,
splendid as rock
Whatever there is that is of the land
it is she
who nourishes it,
it is the Earth
that I sing.
---Homer


And for San Francisco
The Canticle of Brother Sun

Most high,omnipotent,good lord
To you alone belong praise and glory
Honor,and blessing
No man is worthy to breathe your name.
Be praised,my Lord,for all your creatures.
In the first place for the blessed Brother Sun
Who gives us the day and enlightens us through you.
He is beautiful and radient with his great splendour,
Giving witness of you most omnipotent One.
Be praised,my Lord,for Sister Water
So necessary yet so humble,precious,and chaste.
Be praised,my Lord,for Brother Fire,
Who lights up the night,
He is beautiful and carefree,robust and fierce.
Be praised,my Lord,for our sister,Mother Earth,
Who nourishes and watches us
While bringing forth abundant fruits with coloured flowers
and herbs.
Praise and bless the Lord.
Render him thanks.
Serve him with great humility.Amen.


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