New Zealand law expert says Sea Shepherd was wrongly labeled as pirates by US

New Zealand law expert says Sea Shepherd was wrongly labeled as pirates by US

Karen Scott, a law professor at New Zealand’s University of Canterbury, has criticized the U.S. court that labeled the extreme activist group Sea Shepherd as “modern-day pirates,” and says the judge went too far. In deciding on a lawsuit from Japan’s whaling industry, which is currently struggling to conduct its annual hunt in the Southern Ocean, Judge Alex Kozinski of the 9th U.S. Circuit Court of Appeals said earlier this week that Sea Shepherd’s actions were inexcusable, regardless of what they consider to be honorable intentions.

Professor Scott says the ruling was outside the bounds of international law, and could result in “far-reaching implications.” She clarifies that a U.S. judge’s labeling of “pirates” could mean that any country would be allowed to board the activists’ ships, arrest them, and try them under local jurisdiction. Prosecution can take place in any state, even without a connection between that country and the pirates, the pirates’ vessel, or the perceived victims. “This arguably goes too far and cannot be supported under international law as it stands today,” Scott adds. The New Zealander also criticizes Kozinski for his dismissal of Australia’s sovereignty claims over Antarctic waters, pointing out that the country has attempted to take legal action against Japan in international courts for its whaling in Australian waters.

Meanwhile, Paul Watson, the Sea Shepherd founder and previous campaign leader, has rejected the U.S. court’s latest ruling, saying it is little more than a joke. He and his organization have previously ignored U.S. court orders, including an injunction issued in December that ordered their vessels to stay at least 500 yards away from Japan’s fleet while at sea. In a recent editorial published in the Guardian, Watson argued that Sea Shepherd’s Australian division is not subject to U.S. laws. He also stated that Japan’s whalers are violating Australian federal court rulings from 2008 that forbid them from killing whales in Australian Antarctic waters.

[via 3News]
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  • Far East

    I can see that the U.S. Chief Judge Alex Kozinski of the 9th U.S. Circuit Court of Appeals having no bias, but unfortunately it cannot be said the same of Professor Karen Scott ( http://www.laws.canterbury.ac.nz/people/scott.shtml ). Let alone, the huge difference in experience and seniority.
    Still it is interesting to get her point of view given the extensive articles she wrote on anti-whaling activities.

    • Think

      What, Alex ‘farmyard’ Kozinski is a hunt-supporting, donation-paying Republican Libertarian and has no expertise in Antarctic Law … therefore he has no bias … whereas Scott is an expert in Antarctic Law and supervises PhD and Masters theses in the areas of law of the sea, Anatartic law and policy, international environmental law … therefore she has a bias!?!

      Jeez, you guys get even more funnier every day this dispute goes on.

      The only think Alex Cockinski has a proven long term specialism is his interest in pornography. Perhaps if he had been carrying about the environment rather than jerking off to Playboy his mind and the world might be in a better state now. You choose your bedfellows well!

      What your connection to Japan, Far East?

      • Far East

        And yet all you can do is just smear Chief Judge Alex Kozinski…
        Professor Karen Scott does make a point that I was suspecting as well, which is that since there is a ruling of Sea Shepherd being ‘pirates’, they now fall under certain UN dispositions similar to the ones used against the Somalian pirates.

        As I said, I don’t like whaling activities and I don’t like self appointed avengers who break the law. No one has the right to do his own justice.

        • BNB

          Sea Shepherd “breaking the law” is yet to be proven. Karen Scott rightfully pointed out that Kozinski’s labeling of Sea Shepherd as pirates was completely out of line. Pirate ships are not flagged by Australia and the Netherlands – two very well respected first world countries. Heck, the Dutch postcode lottery donates over $1 million USD to Sea Shepherd. Sea Shepherd also works directly with the Ecuadorian government to provide security, supplies, even a ship to the Galapagos. I think the Dutch, Ecuadorians, and the Australians would disagree with Judge Kozinski.

          The United States does not rule the world, and especially not farmyard porno freak judge Kozinski.

          • Dan

            If they are pirates they are breaking the law. Piracy is jus cogens i.e. it is beyond ordinary customary international law or any treaties in existence. Whaling is only banned by treaty and there is an ongoing ICJ case to determine whether Japan is violating the treaty and Australia’s sovereignty.

            Enforcing an as yet undetermined breach of a treaty does not justify piracy. Also notice how this Professor is focusing on the calamitous consequences for Sea Shepherd who could be prosecuted by any state anywhere on earth whilst not actually explaining why the definition of piracy does not fit. The 9th circuit has given their reason why Sea Shepherd are classified as pirates so let’s hear the Professor rebut their reasoning rather than wringing her hands in terror at the thought of poor anti-whaling activists getting in trouble.

          • ddpalmer

            And the Dutch Postcode Lottery is a private company with no ties to the Dutch government.

          • BNB

            I never claimed it was a public lottery. It’s one of the largest private charitable donors on the planet and while not public, it’s far and away a huge representation of the Dutch people. How it ties into the Dutch government, that depends how you define “ties” …

          • Think

            We’ve been over this with ddpalmer in detail. He’s seemingly a nigh full-time anti-Sea Shepherd troll whose been active over numerous discussion forums for the last 3 years.

            What you’ll not get out of him is why he is so motivated so as to spend his life supporting government welfare funded butchers and slaughtermen in Japan.

            Bizarre … unless he is getting paid for it.

          • ddpalmer

            It is not a representation of the Dutch people. It is a representation of committee that chooses the recipients.

            And I define ‘ties’ as the fact that the Dutch government has nothing to say about what legal charities receive the money.

          • Think

            Yes, and is back by figures like Nelson Mandela and Bill Clinton and has given away more than €3.5 billion for charities such as Amnesty International, Greenpeace, World Wide Fund for Nature.

            Or is that just more evidence that it is run by stinking liberals for stinking liberal and their damned do gooder, earth saving intentions which are getting in the way of the US corporations and Christian fundamentalists desire for End of the World and Rapture which will take them all back to Israel to be with Jesus?

            Jeez …

          • ddpalmer

            Thank you for supporting my claim that the Dutch PostalCode Lottery’s
            recipients do not represent the Dutch people, as neither Nelson Mandela or Bill
            Clinton are Dutch.

            And nice rant about a topic that has nothing to do with the discussion. Do
            you practice deflective rants or is it just your psychosis peaking out?

          • Think

            ddpalmer, what on earth motivates you to spend more than three years of your life supporting some butchers and slaughtermen in Japan, by trolling across numerous social media sites, in a language they don’t even understand?

            And you talk about “psychosis” ?

            Honestly, what is it? Are you doing it for the money or do you just hate the liberals and environmentalists you saw once on your cable TV?

            Really … there must be a good reason, let’s talk about it.

        • Think

          I guess I just look at it historically. Once upon a time, not so very long ago, there were no police or sheriffs or any other form of enforcement rather than self-appointed vigilantism. A need arose and someone just got up with a big stick or a gun and did it, “for the sake of common good”. The discussion as to what the “common good” was, was down to who ever was around at the time.

          Currently, there is basically still no enforcement on the high seas, especially where the targets of illegal actions are other species but, perhaps it too will emerge and the protection of the rights of other species is entering the discussion.

          It’s also an area where international laws are weak which is why I have scant regard for half-assed pronouncements like the one Cockinski made.

          Funnily enough, “the law”, let along individual judicial pronouncements is way down the list of priorities people have when it comes to “doing the right thing”. They tend to go by a gut instinct.

          Cranky old judges are notorious for being out of whack with the rest of society.

          • Far East

            This is all very nice, but any way you put it, the law is the law, and Sea Shepherd is breaking it, not upholding it, nor does it have a mandate to do so.
            Maybe it could seek to work in an international body that would have the mandate, and then I would respect it. Assuming of course, it would then stop resorting to such extreme actions that put human life in danger.

          • Hayashi

            Hi Far East, this is a bit off topic, but we’ve talked before about SS ‘effectiveness’, or lack of. Today i saw an article about this year’s estimated catch. SS gives a conservative estimate of under 100 whales. Im sure we will get the numbers from the other side soon, but considering that in the last 5 or so years, SS fleet has grown and tactics at sea have changed. (Interestingly this year, they did not use propfowlers or stink/acid.) And considering that the number of whales taken is obviously declining, and we can all admit, definitely not increasing. i think that anti whalers can make the argument that SS has been the only anti whaling effort ( out of greenpeace, or whatever other anti whaling npo’s) that has brought about any real result. i dont want to speculate about the future, as many will say that maybe SS tactics will bring about a greater failure in the future, no one can really predict, I am talking about the here an now. What do you think?

          • Far East

            I think that the resolve of the whaling companies is strong, and that in all those years, they have not stopped. Sea Shepherd has put human lives in danger and broken the law. Taking those 2 basic facts in balance, I am not impressed. Rather, I keep thinking they should be jailed as no one has the right to do justice themselves. This is rather an organization that is fighting the symptom instead of the root cause of the problem. Pretending to try to increase the cost of doing business of the whalers seems to me a weak argument considering the consumers are ready to pay a premium for this product. So, no, all in all, I would say they continue to fail in permanently ending whaling activities.

          • hayashi

            i realize the critical points of putting lives at risk, i am exploring a pure consequentialist perspective, in that if i only look at the results, if i ignore the risks, and the violence, and justice and only look at the number of whales caught, i see a decline. I agree we cant say SS has been successful in permanently stopping anything. Thats not what im talking about. If an anti whaling person wants to donate money to fight whaling, they have so many organizations they can support, but SS seems to be the only one that is getting results. When i say results, i don’t mean, changing people’s minds, or swaying public opinion, or legislation i mean only one thing……prevention of actual whales from being killed, which is easily measured, i.e. one carcass equals one whale kill.

            About the whaling companies being strong, i realize that Japanese have a history of stubbornness. If one understands this one realizes that minds cannot be swayed, or discouraged, but this is only a good thing if it leads to victory. In an increasingly globalized community, if the majority of the world is against whaling and serious enough to fight for it, at worst Japan cannot win, at best it will be a pyrrhic victory. If Watson is eventually jailed, i think SS would still continue, and if it were destroyed, there would be some other organization as long as people keep donation coming to support it.

            Where i live, people who are in support of whaling simply say “yes is it sa good thing, it is our culture and should be preserved”
            But in foreign countries, people who are anti whaling, often dont say much, but they donate money and lots of it, they volunteer their time and risk their lives to stop whaling, its kind of what i think Japanese people should do if they really want whaling, a couple of rich people paying a premium for a few plate of whale isnt going to be enough to stop the will of the majority.
            i think the only thing that is being entrenched in Japan is the casual opinion of people who dont really care, no one here is actually going to volunteer on a whaling ship, or donate to pro whaling efforts.

          • Far East

            You said 2 important things in your comment:
            1) “In an increasingly globalized community, if the majority of the world is against whaling and serious enough to fight for it”
            And that’s the thing where Sea Shepherd is doing poorly, ie being trustworthy in order to then communicate to change people’s mind. At the contrary, Sea Sheherd has a bad reputation of lying constantly. 
            2) “people who are anti whaling, often dont say much, but they donate money and lots of it”
            Yes, and as the saying goes “follow the money”. I think that those stunts, and Sea Shepherd making lots of noise is geared at keeping the momentum, and thus the cash flowing. 

          • Hayashi

            I think you misunderstand what I am saying, please have another look at what I wrote in the first paragraph. If the goal is only to save whales, I say that I am seeing a decline in whales caught, year after year, the numbers appear to be decreasing. I am not asking you or anyone to like SS, I’m just saying that for all the bad PR, the ramming, the lies, the money made, the money loss, at the end of each season can you disagree that whales are surviving in greater numbers than before SS intervened? I invite all to weigh in on this one, I am just confirming if we are all seeing the same thing here.

            I believe you can lie about who rammed who, and what laws are being broken, but you can’t lie about the number of whales caught, I.e. 1 carcass equals to 1 kill, it’s countable and not debatable, am I wrong?

            Other NPO’s that some of you like better cannot boast the same results, they are peaceful, “law abiding”, follow “proper channels” but in the last 30 years have not significantly reduced whale kills.

            It may be that all the bad PR and risk to human lives may be the price we as a global community have to pay to save each whale, by virtue of the fact that this is the only successful means the world has seen to date.

            Or to sum is up, love the SS or hate them, you can’t argue with the numbers.

          • Think

            Far East and the paid or habitual ICR trolls.

            It is the idea that if the protestors “asked nicely”, or performed whatever special dance the Establishment/whalers wanted, they would be successful.

            It’s not true. It’s utterly false. It’s a waste of time. It’s been done and tried. It continues to be done and tried. It’s a lie.

            In Japan, this is exaggerated even further. The act of slaughter and raping of the oceans is defended … because the protestors are deemed to have “been rude”. Be rude … that worst of all sins, never mind crimes, in Japan. They “offended” someone in power, an elder, so now they must pay for eternity.

            Let’s look at it the other way, if Sea Shepherd had combed their hair and put on nice suits, taken a gift (cash works best) and gone and bowed lowly and correctly to ICR/MAFF, spoken in super polite hushed tones, empathized wholheartedly with the whale slaughterers, and just so much as “hinted” it might be a good to stop … would it have worked? Would it have stopped them?

            You have to be joking. They have no intention of stopping, so what is your ‘Plan B’, Far East?

            Now, in many cases, such a Taiji, we are far beyond asking nicely. It has been done and tried. That is what all the work at the IWC was and finally it was agreed that commercial whaling would stop. Unfortunately, the anti-whaling lobby could not have anticipated the Japanese whalers next move or circumventing the moratorium under the guise of self-appointed “science”.

            So, what is your ‘Plan C’?

            There is ‘accept defeat’, work slowly building up consensus (which is very difficult in a nation where the media is not free and even more of a State owned vehicle than anywhere else except, say, N Korea or China), or attempt to deliver a knock out blow obstructing the Japanese commercial activities via direct action and making unprofitable for them.

            To gamble on working slowly, one has to be willing to stand back and witness the slaughter carry on. It’s like say, “well just have to accept their gassing Jews because it’s against the law to go and kill Germans, let’s try diplomacy again”.

            OK, I lose according to Godwin’s Law but I think the case is clear.

            The whaling issue is made much more difficult because of the cultural and linguistic barriers. The Japanese Establishment that supports the whalers have a virtual firewall protecting their position of control within Japanese society, so where words cannot pass, actions are all that is left.

            And, yes, the more money SSCS gets to buy more boats the more likely it is they will stop whale slaughter. If Paul Watson were to be taken to prison tomorrow, it would only turn him into a Mandela-scale or Luther King scale martyr. If he were to die in a Costa Rica jail … which I would agree is a real possibility … Japan would only find its opposition increase many times, so what are they going to do … spend millions pursuing SSCS through every nation’s legal system?

            I think your theory is fine, Far East, within normal society but in this case (and I am broadening it out to include dolphin hunting, shark finning industries and other poachers too) one is not in “normal society”.

            You are going up against people who would literally murder to carry on their trade.

            As sloppy and as self-defeating as the Sea Shepherd inner circle can be, different rules apply in that world and being as visible as possible helps. Playing by the Establishment’s rules is a waste of time because, if push comes to shove, the Establishment won’t play by them. It will use any hook, crook or device purchasable to carry out its will.

          • Far East

            What’s heading toward you guys since there is now a judgment ruling Sea Shepherd as ‘pirates’ is that the Japan Self Defence Force could escort those vessels in International waters (although Australia claims them, they are still international waters).
            And then what? more fighting? Maybe, but the wrong fight. Not that you care to really end up the whale killing though….

          • Hayashi

            Honestly I think the fight is on two fronts, the ocean and in the courts.
            So I don’t think Japan SDF would board SS vessels yet. They are smart and very careful. The SS lawyers will fight back and other countries will weigh in. But the main thing is this upcoming trial at The Hague.

            However if the Japanese do board SS vessels it would be their chance to get Paul. Again I cannot say this season has been boring.
            With this happening who needs to watch variety shows and dramas anymore!

          • Far East

            I really hope that the UN finally outlaw the killing of whales, and I equally wish Sea Shepherd be disbanded and its activitis put in jail, as this sets a very bad example for others to decide they have the right to take actions and do whatever they feel is right.

          • Think

            No, Far East, I was not putting you the same group as the paid or habitual trolls I was simple address both of you in the one post. Due to the limitations of the software (no quotations, a lack of threading or indentations), it is a little difficult to carry on a multi-threaded conversation.

            Kangaroos with whales are not comparables. It’s a homily that often comes up with Japanese on this issue, “The kill kangaroos, why cannot we kill whales?” but when one thinks it through, it a really dumb comparison … and it fails on the usual, “We, Japanese … You, Gaijin …” equation.

            It’s not the same people who are killing the kangaroos who are trying to save the whales!

            Why are kangaroos not comparable to whales? Think it through, there are many reasons …

            They are terrestrial and non-migratory and spend their entire lives in Australia and so can clearly be called Australian and Australia’s issue. They don’t fly down from Hokkaido for the summer to feed in the outback, there is no international element to their existence.

            Secondly, there are gaijin NPOs (e.g. THINKK) who are questioning their culling and others (e.g. Save the Kangaroo) who are campaigning against it. If Japanese want to set up Save the Kangaroo NPOs then they will be welcomed by them.

            Not so many right wing Americans or Japanese are aware of the NPOs, due to the lack of a ‘Kangaroo War’ cable series, but they exist and probably in a greater number than SSCS members.

            Thirdly, SSCS’s remit is marine only and Kangaroos are not a marine creature. The ‘enemy’ in the kangaroo issue is the same ‘enemy’ in the whaling issue, i.e. butchers and slaughtermen. The butchers and slaughtermen who want to grow environmentally disastrous sheep and cows instead of leave alone Australia’s native flora and fauna, and the butchers and slaughtermen who kill and sell kangaroos.

            (Like whales and dolphin in Japan, kangaroos often end up in pet food. Domestic cats and human beings are their only predators).

            Fourthly, there are human made populations problems which have led to species imbalances (smaller species extinct, larger species over bred) which now, arguably, need management unlike whales which have yet to recover from C19th decimation.

            Lastly, Australians really do do REAL science on kangaroos, i.e. science without killing and eating them afterwards unlike the Japanese whalers. That emerging science does not support the view that kangaroos are over abundant in open landscapes nor competitive with livestock except during droughts. Arguably, culling at such a time is actually kinder than leaving them to die slow deaths.

            As for where SSCS are going, I think in the years to come, legislated and authorized international environmental “policing” agencies will finally emerge and, in time, history will look back and see the Greenpeace and Sea Shepherd activists are the original roots of them just as, say, sheriffs and posses are the root of present day police departments in the USA.

            Unfortunately, they will probably arrive too late for many species.

            Greenpeace Japan, and others, have already taken the role of passive education but it is shutting down commercial avenues and supply which is having the greatest effect. When we look back at the death of the whaling industry it will look similar to the Home Rule for India movement. People might think first of Gandhi but, in fact, his strategies were strengthen by the activists at the other extreme who were blowing up British infrastructure and facing down their cavalry and troops.

            The other interesting thing about Home Rule movement is that it was also instigated by and with the help of foreigners and so I see other parallels there.

            The whales are not Japan’s or the Japanese’s therefore they should lay off them.

          • Think

            * Sorry for the typo … simple address = simply addressing.

          • Far East

            I am not making comparison between Kangaroo and Whales, so your comments is more for people who try to justify whale killing by using the Kangaroo argument. I am saying that both should not be butchered, and that Australians should be consistent in respecting animal life. Kangaroos are also great intelligent animals who are massacred, and this should stop as well, and should be recognized or Australia risk losing credibility in its fight to end whaling activity.

          • Hayashi

            Agreed

          • Think

            I don’t know for sure right now but I suspect it will take more than a judges of summing up in the Ninth Circuit to establish that all of Sea Shepherd’s operation is “piracy”.

            I suspect such a question would have to go to the UN’s Security Council.

            I’m a little bit offended. I put in some effort to discuss the issue as a whole and in detail and the best you can do in return is accuse me of being Sea Shepherd, which I am not, and that I do not care about the slaughter of whales. I would also say, for sure, that all Sea Shepherd supporters are motivated by that care.

            You might argue that that care is then misled by its leadership, but that is another question altogether.

            What I can say, from having followed this area for some time, outrightly criminal acts such arson, theft, trespass and criminal damage have stopped animal abuse and raised discussion which has led to a wider discussion of the issues and, in some cases, positive legislative change. In other cases it has raise caused even more State suppression, intervention and repressive laws.

            It’s a big gamble but a gamble that some individuals have chosen to get up out of their seats and stake their lives on, just as during the wars against slavery and imperialism of the past.

            OK, are you’re saying that a soft and diplomatic approach would more productive? Could you estimate how long would it take, how many resources, what costs, and to what end would it achieve?

            As someone’s whose family, as a whole, had paid far too much tax to the Japanese government I am absolutely unhappy at any tax money at all being wasted propping up such an industry … but do I believe that asking nicely or manipulating the market would stop or change that? Not at all. Not ever.

            Consequently, I am quite open to the idea of direct action placing such a financial and bureaucratic burden on the affair in the hope it collapses under it.

            Do I think SSCS have handled themselves well in Japan or communicated what they are doing well to Japanese? Not at all … but, again, that is another question.

            Do I care what an American judge has to say about the matter? No at all. No more than I care about what some lowly Caribbean civil servant who has been bought off by some cheap whores and cash from the ICR thinks.

            Of course, on the other hand, if you were to say the biggest change and the biggest challenge to the dolphin and whale slaughtering industry in Japan will come about in the next 10 to 15 years as the last of the current generation of whale eaters dies off, then I would probably agree with you.

          • Far East

            You may be offended that I think you work for Sea Shepherd, and I am equally offended that you claim I am part of ICR. Quoting you in your previous post: “Far East and the paid or habitual ICR trolls”

            As I wrote in several other posts, I think energy, money and attention need to be put in educating the people the soft way. Those confrontation at sea certainly galvanize the people in Australia, but achieves little more, and certainly not where it really mattes, ie in Japan. At the contrary, it entrenches and radicalizes opinion in Japan. Japanese people love animals, and many of those people do not want to sit with Sea Shepherd on this, because of its confrontational attitude and the approach to smear and attack Japan as a whole.

            So, I am sorry, but you and your friends at Sea Shepherd are certainly having fun with the money you collected, but in effect, you are not working where it really matters, which is 1) the legal ground and 2) communicating to put pressure on the consumer demand.

          • Far East

            Obviously, I think it is really good that there are less whales killed. I think it is regretable it is done the wrong way.
            So good for the whales, but bad for Sea Shepherd that is nothing more than a rogue organization of outlawed. No respect for those guys, sorry. They need to fight it where it really matters and I don’t see THAT happening.

          • Hayashi

            As I said, it may be “the wrong way” but so far there doesn’t seem to be any other way. I’m not asking anyone to respect them. I am just saying that you cannot deny that whaling has been significantly reduced. I think it’s sad that it has come to this. In an ideal society people would have shared values and respect for one another and arguably respect for life in general.

          • Far East

            I don’t deny it, and I welcome the decrease!
            I also think that the Australians should stop massacring the Kangaroos. They are also great and intelligent animals.

          • Hayashi

            I guess you are waiting for “Land Shepherd”
            Ha ha!

          • Far East

            I am expecting consistency, but then again I may be expecting too much… Or maybe the whole thing is just a scam?

          • ddpalmer

            “As I said, it may be “the wrong way” but so far there doesn’t seem to be any other way.”

            Yeah too bad someone wouldn’t make a proposal for a compromise in the IWC. You know using legal and political means rather than violence and law breaking.

            Well except the one that was proposed but Australia and others rejected.

          • Hayashi

            To add to that thought, the law remains the lowest common denominator of humanity. If people lived ethically, laws would be unnessasary. However laws originaly derived from ethics, now seem to be derived from money and politics. As we see the ninth circuit court constantly reverse their positions , it represents the political and monetary tug of war between two groups, the way I see it, true justice seems very irrelevant here. In the end it only matters who wins, whoever has more money and support. The loser then becomes the lawbreaker. So it’s too early to say.

  • Ryohei Uchida

    Well huzzah, they’ve dug up some anti-whaling academic to ‘refute’ the unanimous declaration of three US federal court judges. lol

    • RP

      This is not academic masturbation, this is about International and Australian law which the 9th circuit US court has no authority or jurisdiction over.

      To allow any US court to undermine International, Australian and New Zealand Law and sovereignty is pure folly and arrogance on the part of Judge Alex Kozinski.

      It is clear Japan is poaching for commercial gain and produced ZERO research paper or studies of any scientific merit. This is all about crony politics to use Japanese tax payer Yen to fund a long dead industry that cannot be justified on any level.

      The challenge stands for anyone to produce any one to produce any scientific studies or published papers in a scientific journal of Internationally accepted accreditation.

      If Japan were serious about preserving their whaling culture and history, why are Japanese whalers using Norwegian harpoons, whale killing methods that have no history or cultural relations to whaling traditions of Japan?

      • Ryohei Uchida

        Oh come come. Australia law has nothing to do with this. This is to do with a unanimous declaration from the judges of a federal court of the United States confirming the illegality of Sea Shepherd’s violent acts of piracy under United States and international. It was damning in the extreme.

        Of course, Sea Shepherd don’t like it and make all sorts of ridiculous claims about jurisdiction and even try to smear the character of the judges, but it doesn’t change a thing. The writing isn’t just on the wall, it’s on US federal court letterhead.

        Japan’s legally sanctioned and sustainable whaling operation has nothing to do with this. This is about Sea Shepherd and its illegal and violent crimes. That’s all.

        • Think

          What’s your connection with Japan anyway, Ryohei Uchida?

          By “smear” do you mean mentioning that Kozinski is some whack-job, libertarian, farmyard porno freak, raccoon hunter?

          But those are the facts.

          Japan’s commercial whaling is not “sanctioned” by anyone but themselves. No one else in the world buys the bogus scientific research.

          To be honest, as much as the American legal system is a source of amusement and entertainment for us, the rest of the world is sick of America laying its laws down on others outside of its jurisdiction.

          • RP

            Ryohei Uchida and Far East are likely staff members of The Japan Daily Press or members of the ICR who’s job is to dispense propaganda to bend the facts and help individuals believe what they want to believe..

          • Far East

            Sorry to disappoint but no, I work in a very different business. I am just sensitive on issues regarding Japan and on violation of the law, and for the record, I am NOT in favor of whaling. However, I condemn self appointed vigilante that break the law.

        • Duck

          Its got everything to do with this. This is happening in Australian waters. In fact its the *only* country with a court that can rule on the matter. And its ruling is that Japan is breaking the law.

      • Dan

        Piracy is jus cogens i.e. it is beyond ordinary customary international law or any treaties in existence. Whaling is only banned by treaty and there is an ongoing ICJ case to determine whether Japan is violating the treaty and Australia’s sovereignty.

        Enforcing an as yet undetermined breach of a treaty does not justify piracy. Also notice how this Professor is focusing on the calamitous consequences for Sea Shepherd who could be prosecuted by any state anywhere on earth whilst not actually explaining why the definition of piracy does not fit. The 9th circuit has given their reason why Sea Shepherd are classified as pirates so let’s hear the Professor rebut their reasoning rather than wringing her hands in terror at the thought of poor anti-whaling activists getting in trouble.

      • Hayashi

        You ve been trolled. Google Unchida’s name you will find quickly understand. If you want to have real discussion, there are some articulate and civil minded people on both sides of the argument here. But ICR lackeys wouldn’t fall into that category.

    • Duck

      He’s a lawyer not an academic. And he’s right. The US can’t just hand-wave away the fact its courts have no juristiction in australia. The australian police are simply going to ignore a US judges order and the US police are not going to invade an allied country to enforce a ruling that would be swiftly overturned by the US supreme court on grounds of juristiction anyway.

  • AnimuX

    Sea Shepherd’s actions are not acts of piracy — and labeling them as pirates for the purpose of leveraging charges is contrary to the intent of anti-piracy laws — like prosecuting street protesters for acts of vandalism as terrorists.

    Kozinski reasoned that he could expand the meaning of ‘private ends’ to include environmental protest.

    This has been addressed before — contrary to Kozinski’s opinion.

    For example:

    “Likewise, the ‘private ends’ criterion seems to exclude acts of violence and depredation exerted by environmentally-friendly groups or persons, in connection with their quest for marine environment protection. This seems to be clearly a case in which the ‘private ends’ criterion seems to be excluded.”

    THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW
    Vol 18, No 3, 378 – 379
    Protection of Foreign Ships against Piracy and Terrorism at Sea: Legal Aspects
    H.E. Jose´ Luis Jesus
    Judge, International Tribunal for the Law of the Sea, Hamburg

    • RayLCC

      “violence and depredation”… Yeah, I think you summed SS up pretty well in that Argument. Good Job!

      • AnimuX

        The use of direct action tactics to disrupt poaching on the high seas can be called many things but even ITLoS judges don’t think it should be called ‘piracy’.

        • http://www.facebook.com/finocks Dingo Finocks

          Don’t get wrapped up in their paid Propaganda. Cut and paste bandits of the 21th century just out of nappies who actually think they are doing something positive with their education!
          WW II tactics at play and we all know how that work out!

    • ddpalmer

      Well as opposed to your reliance on a paper the 9th Circuit Court cites two actual court cases: Harmony v. United States, 43 U.S. (2 How.) 210, 232 (1844)
      (“The law looks to [piracy] as an act of hostility . . . being committed by a vessel
      not commissioned and engaged in lawful warfare.”). Belgian courts, perhaps the
      only ones to have previously considered the issue, have held that environmental
      activism qualifies as a private end. See Cour de Cassation [Cass.] [Court of
      Cassation] Castle John v. NV Mabeco, Dec. 19, 1986, 77 I.L.R. 537 (Belg.). This
      interpretation is “entitled to considerable weight.”

  • Henry Marx

    How can the ruling be “outside the bounds of international law” when it is based on international law??? The ninth circuit court based it’s decision on the SUA convention, UNCLOS and COLREGS. All of which are international law.

    Why would the Ninth Circuit court consider Australia’s case before the ICJ??? First, that case deals with the issue of scientific whaling, NOT safety at sea. Second, Australia is alleging that the ICR is in breach of the ICRW in regards to the provision for scientific whaling. Their case is NOT based on Australia’s sovereignty claims in the Antarctic. So, why would they consider a case that has nothing to do with the case before them???

    As the Ninth circuit court pointed out in their ruling: “But enjoining piracy sends no message about whaling; it sends the message that we will not tolerate piracy.” And “Refusing the injunction sends the far more troublesome message that we condone violent vigilantism by
    U.S. nationals in international waters.”
    So, the question isn’t whether you support whaling or not. The question is whether you support illegal violence on the high seas or not. If you support SS, you support illegal violence. That’s all there is to it.

    • Think

      OK, where do I send the money to buy them some torpedo?

      Honestly, who gives a shit what America says. It is the most persistently environmentally damaging, human rights eroding, animal abusive, terrorist state on the planet.

      Keep your noses out of our issues.

      If Sea Shepherd are the bastard children of that terrorist state, then at least they’ve come out and put their familial tendencies to a good use. Long live Sea Shepherd Australia and Sea Shepherd Netherlands.

      I’ve been reading recently about unaccountable right wing conservative forces within the USA pumping 100s of millions of dollars into environmentally damaging and rights eroding causes, including covert PR campaigns being waged across the social media, through vehicles such as ‘Donors Trust’.

      The more I look at this issue the more I am forced to question if there are elements of it at play here as I find it difficult to believe all these people really give a damage about Japan as a whole, never mind a few tens or twenties of butchers and slaughtermen who make up the whaling industry within Japan.

      • RP

        Violence results only in more violence. If any ships were harmed by the Sea Shepard, Japan and the world would have a media festival using that as proof against them. By doing what they have done, the Sea Shepard have made a mockery of the Japanese whaling fleet and the world knows who the real terrorist, pirates and arrogant cruel poachers really are.

        The Japanese whaling fleet have already made a fool of themselves on the world stage by ramming and bombing sea Shepard ships. Regardless of what the Japanese wants to believe, they are have prove themselves as arrogant, aggressive and cruel poacher with no respect for International law.

        There will come a time when Japan will come to seriously regret the actions take by the ICR and all else involved with that corrupt branch of Japanese government.

    • RP

      Ya lack any understanding of International law or what International restriction of whaling are… and Japan did sign on to this International agreement on whaling.

      When ICR is claiming scientific research without publishing anything of scientific value or merit and it is clear based on hard facts that Japan runs a whale meat processing ship that has ZERO to do with science, this is very plain and simply FRAUD and a BIG FAT

      Thanks to Agriculture, Forestry and Fisheries Minister Yoshimasa Hayashi proclamation that the Japanese Kill, Poach whales for cultural and commercial reasons with no intent or interest for science. How much clearer or factual does the fact Japan is in violation of an International agreement they signed and in total violation of International law governing ship and re-fueling and types of fuel used in that area of the world..

    • Duck

      Because its in Australian waters, and therefore australian laws apply. The US can’t just invent international laws and then apply them in other peoples countries. Well they can claim to, but it doesn’t mean anything.

  • Hayashi

    If we consider the upcoming trial at the Hague regarding the internationally accepted status of Japanese whaling, the American ruling can been seen as a doubling down on American support of Japanese whaling. And so if Japanese whaling is found to be illegal. There could be some embarrassment for the American court, at least for Judge Kozinski. It does seem strange to me that the America would rule in favour of foreign interests, it does hint at politics behind the scenes, i seriously doubt that any true justice is in anyway related to what’s happening here.

  • ddpalmer

    So in short Professor Scott is a liar. Australia explicitly is NOT taking Japan
    to the ICJ over whaling in Australian waters. Their claim is that Japan is in
    violation of the ICRW.

    The US judge’s labeling is based on the UN CLOS
    and it’s plain wording and would allow any country to board, arrest and try them
    under international law. How can following international law not be supported by
    international law?

    So not much of an expert and apparently not a very
    good law professor if she can’t even get a simple case correct.

    • Think

      As if you know, or care to be accurate …

      • ddpalmer

        Yes I do know. And anyone with a working brain knows. The ICJ case filings are accessible to anyone with an internet connection and a simple reading shows that Australia makes no claim about Japan violating their waters. Thus Professor Shorts statement is a clear lie.