Balisage

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.

MOL Comfort disaster (follow up)

Information notice N°7

The fracture of the giant container ship Mol Comfort on June 17th, 2013 is turning into total disaster.

The aft part sank on June 27th, 11: 40 am (local time).

The attempted towing of the fore part towards the Sultanate of Oman is confronting difficulties which were predictable.

Information note n°3
Whales at the International Court of Justice
The Hague, The Netherlands, 1st hearing of Australia, June 26th – June 28th

In his opening statement for Australia, Mr Campbell projected an image of a Japanese vessel with “Legal Research under the ICRW”* painted on the side and yet another whale lying dead on the slipway. For Australia, this is the image and language of a country trying to convince itself that they are contributing to science and thereby respecting the law. The international community and more specifically the international scientific community is not convinced.

Information note N°3
Whales at the International Court of Justice
The Hague, The Netherlands, 1st hearing of Australia, June 26th – June 28th

In his opening statement for Australia, Mr Campbell projected an image of a Japanese vessel with “Legal Research under the ICRW”* painted on the side and yet another whale lying dead on the slipway. For Australia, this is the image and language of a country trying to convince itself that they are contributing to science and thereby respecting the law. The international community and more specifically the international scientific community is not convinced.

Information note n°2
Whales at the International Court of Justice
The Hague, The Netherlands, 1st hearing of Australia, June 26th – June 28th

Impressions on the Australian point of view during the hearings from June 26th 27th and 28th 2013

During the first three days of the Australia v. Japan court case at the International Court of Justice, Australia has been presenting arguments stating them loud and clear to wake Japan up from over twenty years’ of sleep. Japan, indeed, had fallen into a deep legal sleep like a “Sleeping Beauty”, and the international community should not wait until a “beautiful white whale” comes along to wake them up. Such was the metaphor used by Mme Boisson De Chazournes when she presented the court with Japan’s interpretation on the wording of the text of the International Whaling Commission (IWC). She stated that contrary to Japan’s reading of the 1946 IWC, the Convention enforces whale conservation and does not provide for the reinforcement of commercial whaling. As to the breaching of international law, and the continuation of whaling by Japan, Australia’s arguments are threefold. Firstly, the use of whale catchers and factory ships, secondly, a clear breaching of the 1986 moratorium on commercial whaling and thirdly, a violation of the Southern Ocean Sanctuary specifically with regard to fin whale catches.

Information note N°2
Whales at the International Court of Justice
The Hague, The Netherlands, 1st hearing of Australia, June 26th – June 28th

Impressions on the Australian point of view during the hearings from June 26th 27th and 28th 2013

During the first three days of the Australia v. Japan court case at the International Court of Justice, Australia has been presenting arguments stating them loud and clear to wake Japan up from over twenty years’ of sleep. Japan, indeed, had fallen into a deep legal sleep like a “Sleeping Beauty”, and the international community should not wait until a “beautiful white whale” comes along to wake them up. Such was the metaphor used by Mme Boisson De Chazournes when she presented the court with Japan’s interpretation on the wording of the text of the International Whaling Commission (IWC). She stated that contrary to Japan’s reading of the 1946 IWC, the Convention enforces whale conservation and does not provide for the reinforcement of commercial whaling. As to the breaching of international law, and the continuation of whaling by Japan, Australia’s arguments are threefold. Firstly, the use of whale catchers and factory ships, secondly, a clear breaching of the 1986 moratorium on commercial whaling and thirdly, a violation of the Southern Ocean Sanctuary specifically with regard to fin whale catches.

MOL Comfort disaster (follow up)
Information notice N°6

The aft part of the MOL Comfort just sank at 46°26” North and 66°26” East; 750 km from the Indian coast. According to the owner, she still contained 1,700 containers; the others have already fallen into the sea, drifting and presenting a danger to navigation. She also contained 1,500 tonnes of fuel oil that will pollute waters abundant with tuna, sardines, sharks, and crustaceans.

The fore part is currently being towed to the Sultanate of Oman.

MOL Comfort disaster (follow up)
Information notice N°5

The MOL Competence, sister ship of the giant container ship that snapped in two in the Arabian Sea on June 17, is still in the vicinity of the port of Le Havre, France. She is looping around in circles.

At the same time, as a precautionary measure, the ship-owner Mitsui OSK Lines (MOL) has decided to strengthen the hull structure of the container ships of the same serie as soon as possible. The ships will be temporarily taken out of service and the rotations of the MOL container ships will obviously be rearranged

Only in French.

Information note n°1
Whales at the International Court of Justice

Today, Australia is voicing out the cry of the whales by defending them against so-called Japanese scientific whaling. Over the next 3 weeks, public hearings in the case concerning ‘Whaling in the Antarctic’ (Australia v. Japan: New Zealand intervening) will be heard in The Hague at the International Court of Justice. The judgment is expected to be delivered within 4 to 8 months. Australia is hoping that a decision be taken within the next four months, before the next whaling season in the Southern Ocean.