Japanese Whaling in Whale Sanctuary Illegal under Australian Law
On January 15 in a landmark decision the Australian Federal Court ruled that whaling in the Southern Ocean Whale Sanctuary was illegal under Australian law in a civil case brought by Humane Society International Inc. It is the first time a court of law has determined the legality of whaling.
In the landmark decision in the case - Humane Society International Inc v Kyodo Senpaku Kaisha Ltd, the operator of the whaling fleet - the court found that Japanese whaling in the Southern Ocean Whaling Sanctuary contravenes Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth of Australia.:
1. THE COURT DECLARES that the respondent has killed, injured, taken and interfered with Antarctic minke whales (Balaenoptera bonaerensis) and fin whales (Balaenoptera physalus) and injured, taken and interfered with humpback whales (Megaptera novaeangliae) in the Australian Whale Sanctuary in contravention of sections 229, 229A, 229B and 229C of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), (the "Act"), and has treated and possessed such whales killed or taken in the Australian Whale Sanctuary in contravention of sections 229D and 230 of the Act, without permission or authorisation under sections 231, 232 or 238 of the Act.
2. THE COURT ORDERS that the respondent be restrained from killing, injuring, taking or interfering with any Antarctic minke whale (Balaenoptera bonaerensis), fin whale (Balaenoptera physalus) or humpback whale (Megaptera novaeangliae) in the Australian Whale Sanctuary, or treating or possessing any such whale killed or taken in the Australian Whale Sanctuary, unless permitted or authorised under sections 231, 232 or 238 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Japan does not recognise Australian jurisdiction in the Southern Ocean Whale Sanctuary. The Humane Society International called the decision historic in that it is the first time the Japanese whalers have been taken to court and it confirms that the hunt is illegal. HSI will serve the order that the hunt be stopped at the company’s headquarters in Tokyo immediately and have called on them to abandon the hunt immediately.
HSI also called on the Australian Labor government to live up their pre-election commitment to enforce the Federal Court injunction against the whalers immediately so that no more whales are killed in the Australian Whale Sanctuary this summer.
The International Fund for Animal Welfare (IFAW) reiterated that the only way to permanently stop whaling by the Government of Japan is through international courts. According to three separate panels of independent, international legal experts (commissioned by IFAW) Japan’s whaling program breaches the United Nations Convention on the Law of the Sea, the Antarctic Treaty System and the Convention on International Trade in Endangered Species (CITES) and the International Convention on the Regulation of Whaling.
"The world’s best legal minds have made the case. Japan’s whaling is not just cruel, it’s criminal," IFAW Campaigns Manager Darren Kindleysides said.
"If there is to be a permanent end to whaling in the Antarctic then the burden for action rests with the Australian Government and other conservation minded governments worldwide to challenge the Government of Japan through international courts." said Kindleysides.
Sources:
- Humane Society News, Jan 15, 2008 - Australian Federal Court orders stop to Japanese whale hunt
- Federal Court Decision, Jan 15, 2008 - Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2008] FCA 3
- IFAW Press release, Jan 16, 2008 - Japan's whaling - more sushi than science
