Information note N°8
Whales at the International Court of Justice
The Hague, The Netherlands, 2nd hearing of Japan, July 15th – 16^th

Over the last 3 weeks, at the Peace Palace in The Hague (Netherlands), the past and the future of whaling has been explored in all its scope. In their closing remarks on July 16th, Japan implied that if the Court declared a decision in favour of Australia’s case, it would be the equivalent of forcing a State to abide to a decision that they did not agree to. On this note they reemphasized that when they agreed to the 1982 moratorium, which came into force for Japan in 1986, it was uniquely in light of this provision being reviewed. If Japan was to wake up one morning and find that the Convention that they agreed on had changed over night then the only way out would be to leave.

Information note n°8
Whales at the International Court of Justice
The Hague, The Netherlands, 2nd hearing of Japan, July 15th – 16^th

Over the last 3 weeks, at the Peace Palace in The Hague (Netherlands), the past and the future of whaling has been explored in all its scope. In their closing remarks on July 16th, Japan implied that if the Court declared a decision in favour of Australia’s case, it would be the equivalent of forcing a State to abide to a decision that they did not agree to. On this note they reemphasized that when they agreed to the 1982 moratorium, which came into force for Japan in 1986, it was uniquely in light of this provision being reviewed. If Japan was to wake up one morning and find that the Convention that they agreed on had changed over night then the only way out would be to leave.

Information note N°7

Whales at the International Court of Justice

The Hague, The Netherlands, 2nd hearing of Australia, July 9th – 10th

The second round of hearings for Australia was presented from July 9th to July 10th and announced a call to order in the Court by the Attorney-General of Australia, Marc Dreyfus. Australia’s return to the stand signalled the return, in force, of clear legal arguments. Australia restated that their case was “about the failure of one country to comply with its international legal obligations not to conduct commercial whaling, an obligation which that country accepted voluntarily but then immediately began to subvert.” Australia also hammered down the unfounded arguments that Japan had unjustly presented against them in their first round of hearings.

Information note n°7
Whales at the International Court of Justice
The Hague, The Netherlands, 2nd hearing of Australia, July 9th – 10th

The second round of hearings for Australia was presented from July 9th to July 10th and announced a call to order in the Court by the Attorney-General of Australia, Marc Dreyfus. Australia’s return to the stand signalled the return, in force, of clear legal arguments. Australia restated that their case was “about the failure of one country to comply with its international legal obligations not to conduct commercial whaling, an obligation which that country accepted voluntarily but then immediately began to subvert.” Australia also hammered down the unfounded arguments that Japan had unjustly presented against them in their first round of hearings.

The total loss of MOL Comfort and its cargo is a new kind of disaster. Thousands of containers are awash, some are in the seawater column or at the bottom. They all contain materials that are entirely incompatible with the ecosystem of the Arabian Sea. Both wrecks of the MOL Comfort are now underwater disposals of hazardous waste, common waste and oil wastes.

The exact inventory of hazardous materials has not been disclosed by the owner. The ship had previously reached four Japanese ports. At the middle of its round trip, the container ship was supposed to reach Northern Europe. Japan is an exporter of chemicals and electronic equipment; the giant container ship was transporting all classes of hazardous materials, the only unknown being radioactive material. The fallout from the fire in the front part will contaminate the marine food chains. Containers adrift endangered navigation and when they will be gradually dislocated they will release hundreds of thousands of litters more or less floating in the sea.