Friday 20 August 2010

Will Migaloo survive glacial pace of legal proceeding at The Hague in Australia v Japan?


As Migaloo the adult male white Humpback Whale makes a welcome annual appearance on the east coast of Australia, many are wondering how long he will be able to avoid the harpoon of any overeager Japanese whaler operating in the Southern Ocean.

Because so far it has only been sustained public pressure which has seen Japan draw back from its intended inclusion of humpbacks in annual catch targets since 2007.

The matter of Japan's activities is currently before the International Court of Justice in Australia v Japan.

On 13 July 2010 The Court determined that Australia has until 9 May 2011 to lodge it pleadings and Japan until 9 March 2012 to lodge its counter pleadings.

Unfortunately this would leave more than enough time for any incoming Coalition Government to withdraw from these proceedings. Opposition Leader Tony Abbott being less than enthusiastic in the past and clearly implying a willingness to consider abandoning proceedings in The Hague should he win government on 21 August 2010:

''Coalition policy is not to take Japan to the international court. We are against whaling, but we wouldn't seek to advance [the cause] in that particular way......
we don't want to needlessly antagonise our most important trading partner, a fellow democracy, an ally......
There are limits to what you can reasonably do, and taking war-like action against Japan is not something that a sensible Australian politician ought to recommend.''

ABC News photograph of Migaloo 14 August 2010 off the Queensland coast near Cairns

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