Balisage

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.

Information note n°6
Whales at the International Court of Justice
The Hague, The Netherlands, New Zealand Intervening, July 8

During a short intervention on Monday July 8th New Zealand reflected on the historical context of the International Convention for the Regulation of Whaling (ICRW). They emphasised the fact that the Convention had developed from a body regulating unilateral whaling interests to a collective body for the conservation and the protection of whales. New Zealand, a founding member, noted that as early as the 1930s the need for conservation as a common objective was called upon due to ongoing “rampant whaling”. Unfortunately, even though the International Whaling Commission (IWC) was formally established in 1937, it was not until after WWII that efforts towards conservation were taken which, according to Ms Ridings speaking on behalf of New Zealand, was “too little too late”.

Information note N°6

The Hague, The Netherlands, New Zealand Intervening, July 8

During a short intervention on Monday July 8th New Zealand reflected on the historical context of the International Convention for the Regulation of Whaling (ICRW). They emphasised the fact that the Convention had developed from a body regulating unilateral whaling interests to a collective body for the conservation and the protection of whales. New Zealand, a founding member, noted that as early as the 1930s the need for conservation as a common objective was called upon due to ongoing “rampant whaling”. Unfortunately, even though the International Whaling Commission (IWC) was formally established in 1937, it was not until after WWII that efforts towards conservation were taken which, according to Ms Ridings speaking on behalf of New Zealand, was “too little too late”.

Information note n° 5
Whales at the International Court of Justice
The Hague, The Netherlands, 1st hearing of Japan July 2nd – July 4^th

From June 26-28, Australia’s first round of hearings, issues on the purpose of scientific research and on the rationale of hypothesising were raised by the Court. The “positive” contribution to science of JARPA II was put into question. The objectives of the JARPA II program are considered by Australia to be the equivalent of “examining only the European red squirrel to understand what is happening to the European ecosystem” and science which is not built on solid ground. For memory, one of the objectives of JARPA II is to better understand biological parameters in the Antarctic ecosystem (see Information note N°1 for information on Japan’s JARPA objectives). Australia quoted Henri Poincaré, the French Professor, who wrote in 1905 that “science is built up of facts, as a house is built of stones; but an accumulation of facts is no more science than a heap of stones a house”. According to Australia, Japan’s collection of dead whales is not contributing to the stepping stones of scientific progress but a simple proliferation of useless stones.

Information note N° 5
Whales at the International Court of Justice
The Hague, The Netherlands, 1st hearing of Japan July 2nd – July 4^th

From June 26-28, Australia’s first round of hearings, issues on the purpose of scientific research and on the rationale of hypothesising were raised by the Court. The “positive” contribution to science of JARPA II was put into question. The objectives of the JARPA II program are considered by Australia to be the equivalent of “examining only the European red squirrel to understand what is happening to the European ecosystem” and science which is not built on solid ground. For memory, one of the objectives of JARPA II is to better understand biological parameters in the Antarctic ecosystem (see Information note N°1 for information on Japan’s JARPA objectives). Australia quoted Henri Poincaré, the French Professor, who wrote in 1905 that “science is built up of facts, as a house is built of stones; but an accumulation of facts is no more science than a heap of stones a house”. According to Australia, Japan’s collection of dead whales is not contributing to the stepping stones of scientific progress but a simple proliferation of useless stones.

Information note n°4
Whales at the International Court of Justice
The Hague, The Netherlands, 1st hearing of Japan, July 2nd – July 3rd

Japan, a country surrounded by sea, states that they “would be the last to misuse whales as resources because [they] know [they] benefit from the fruits of the sea”. Japan goes back in time explaining that they joined the International Whaling Commission (IWC) in 1951 “at a time when, amidst the devastation of war, whale meat helped prevent starvation” for a country with scarce land resources. They go even further back in time and point at the irony of history as it was whaling that forced them to interact with the international community after three hundred years of isolation. Japan stated that in the 19th century, “major maritime powers engaged in massive scale whaling demanded that Japan open up its ports to supply their whalers”. And it is this very subject, whaling, which today puts in question Japan’s compliance with the international community and international law and has brought them, for the first time, before the International Court of Justice.