Japan’s Whalers Defy Antarctic Laws – New Report

Japan’s Whalers Defy Antarctic Laws – New Report

20 January 2009 - An independent group of Antarctic law and policy experts, convened in Canberra, Australia by IFAW (International Fund for Animal Welfare), has released a report detailing options available to the New Zealand, Australian and other like-minded Governments to challenge Japan’s whaling program through the Antarctic Treaty System (ATS).

“The report creates a new diplomatic and legal front for the New Zealand and Australian governments to challenge Japan’s Southern Ocean whaling program as being inconsistent with the Antarctic legal regime,” Canberra Panel Chair and Australian National University Professor of International Law, Don Rothwell, said.

Under the ATS any activities in the extremely sensitive Antarctic and Southern Ocean are subject to rigorous environmental impact assessments before they are permitted to proceed. Activities include the construction of new scientific bases, tourism, and scientific research.

Despite their whaling program being one of the biggest maritime operations in the Antarctic every year, the Government of Japan has not met this obligation. Currently Japanese whaling is occurring within the Ross Sea in an area under New Zealand’s search and rescue responsibility. The whalers operate with sub-Antarctic standard vessels and undertake extremely dangerous operations such as refuelling at sea. Already this summer New Zealand has raised concerns as to its capacity to respond to a maritime incident in the Ross Sea.

The environmental risks associated with Antarctic whaling were clearly highlighted in 2007 by the explosion and subsequent fire onboard the whale factory vessel, the Nisshin Maru, which could have resulted in the spillage of chemicals and hundreds of tonnes of fuel oil.

“Antarctica and the Southern Ocean are governed by one of the most comprehensive environmental legal regimes. Why is Japanese whaling exempt from that regime?” Professor Rothwell said.

“Antarctica has been designated as a natural reserve to protect its unique environment for future generations. Japanese whaling is already a stain on this environment,” IFAW Programs Manager Darren Kindleysides said.

“It is inexplicable and inexcusable that Japan’s whalers be allowed to operate without any accountability. IFAW urges the New Zealand Government to lodge a strong protest at the next Antarctic Treaty Consultative Mechanism meeting in America in April,” Mr Kindleysides said.

The Canberra Panel report endorses previous Legal Opinions, sought by IFAW, that concluded the New Zealand and Australian governments can take Japan to the International Court of Justice or the International Tribunal for the Law of the Sea to challenge the legitimacy of Japan’s ‘scientific’whaling program.

ENDS

The report and summary can be obtained at www.ifaw.org

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