How much do we really care about whales? How much are the Australian people and its Government really willing to put on the line in our relationship with Japan to stop the killing of our sonar speaking cousins?

Tony Abbott has gone some way to answering this question by saying he doesn’t think it’s worth taking Japan to the International Court of Justice or International Tribunal for the Law of the Sea. In Abbott’s summation it’s just not worth pissing off the Japanese and risking a legal fall-out with our number one trade partner.
“We don’t like whaling. We would like the Japanese to stop,” he told Macquarie Radio yesterday. “On the other hand, we don’t want to needlessly antagonise our most important trading partner, a fellow democracy, an ally.”
The Opposition’s position is somewhat confused by statements made by Greg Hunt today that the Rudd Government should follow through with its promise to take Japan to court over whaling. Abbott hasn’t quite ruled it out either.
So the Opposition has Greg Hunt with his green hat on demanding the Government come good on its election promises to take Japan to court, and then we’ve Tony Abbott in brown muttering under his breath that that will happen when hell freezes over.
Acting Environment Minister Penny Wong’s pointed out it’s a contradictory position, and she’s right. But in Opposition contradictions are a luxury you can afford if it means tripping the Government up.
Despite the muddy consistency of the Opposition position Abbott’s point yesterday was actually a pretty honest one: no Australian Government is ever going to take Japan to either the International Court of Justice or International Court of Justice over whaling.
Not only would it be a disaster diplomatically but legally it we don’t have much going for us either.
Right now there is a political argument going on about taking Japan to court outside of the legal reality that any case would be unlikely to succeed.
Dr David Leary is the director of international law programs at the University of NSW.
Dr Leary told The Punch that any move by Australia to exercise it’s jurisdiction of its Antarctic waters could well mean a violation of our obligations under the Antarctic Treaty.
“Under the treaty countries agree to put territorial claims on hold in favor of collective management.
“If Australia seeks to enforce its laws in the area it regards as its exclusive economic zone adjacent to the Australian Antarctic Territory… Japan would likely raise the argument that we do not have jurisdiction or sovereignty as it does not recognise our territorial claims nor do many other nations.”
Furthermore The Punch understands that legal advice drawn up by Department of Foreign Affairs for the Government on the issue is similarly of the opinion that we are unlikely to win any case before either international court.
Of course there are other international legal experts who think otherwise, but does anyone really think that we’d risk a diplomatic fall-out with our largest trading partner by taking them to an international court with a 50-50 case over whaling?
Returning to my first question, how much does the Australian Government really care about whales? You can bet that Kevin Rudd is never going to care that much.
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