Japan rejects 'rogue' status over whaling
Date
July 16, 2013
Andrew Darby
Japan claims to have been painted as a rogue state by its so-called friend, Australia, as it defends itself over scientific whaling in the International Court of Justice.
In a strenuous defence of its rights under the global whaling treaty, counsel for Japan, Payam Akhavan, said it stood before the court answering baseless allegations of bad faith.
Australia has told the court that Japan abused the treaty's article eight on scientific whaling to carry out commercial whaling, cloaked in the lab coat of science. More than 10,000 Antarctic minke whales have been killed under the program.
Professor Akhavan, of Canada's McGill University, said Australia's case was that Japan had lied systematically, as a matter of state policy, for almost 30 years.
''Needless to say, this is a serious accusation, an affront to the dignity of a nation,'' he told the court in The Hague on Monday.
Professor Akhavan said that Japan had decided that, rather than end the harassment, intolerance and insults by leaving the International Whaling Commission, it would stay because of its genuine commitments to the rule of law and peaceful dispute settlement.
''Australia comes before this Court to take advantage of that commitment,'' he said. ''To unfairly and unreasonably portray Japan as a rogue state at the IWC; to level accusations of bad faith against what it deems to be a friendly state that it can mistreat with impunity . . .''
He said that even while the case was under way, Australia's Attorney-General, Mark Dreyfus, was giving interviews in which he said that Australia would continue its campaign if the case was lost.
''The Attorney-General makes clear that (Australia) will persist in harassing and confronting Japan if this court does not give Australia the decision that it wants,'' Professor Akhavan said.
He was opening the final round of pleadings by Japan before the 16 judges sitting in the case brought by Australia in an attempt to halt the whaling program known as JARPA II.
Australia's final arguments were heard last week, when counsel James Crawford, called for Japan to be held to account for a program that was not science, but random hunting and gathering attuned to the Japanese market for whale meat.
Counsel for Japan, Yukiko Takashiba, said Australia had insisted that Japan thought it could do what it liked under article eight.
But Ms Takashiba said Japan had listened to the voices of other countries by deciding to abstain from catching humpback whales in the 2007-8 season
''Australia requested that Japan show goodwill . . . not to inflame the adverse reaction of the Australian public.
''It now refuses to acknowledge the decision of Japan in a proper light and instead mocks the JARPA II program because it is not proceeding in the manner in which it was originally designed.''
The court was told that Japan did not have to show its science was perfect, or beyond criticism.
''It is for Australia to prove that JARPA II is not a program of scientific research," said Alan Boyle, of Edinburgh University. ''It has not done so.''
''All it has proved is that scientists disagree about JARPA II, about methodology, and the results,'' Professor Boyle said. ''Much the same could be said about any scientific program.''
Vaughan Lowe, QC, of Oxford University, said JARPA II was not run by charlatans.
''Some may think it's bad science, or unnecessary science, but in our submission it is an absurd exaggeration to say that this is not scientific research at all,'' Professor Lowe said.
Japan's last word in the case will be heard on Tuesday, before the court adjourns to consider a decision, expected within four to six months.
Read more: http://www.brisbanetimes.com.au/federal-politics/political-news/japan-rejects-rogue-status-over-whaling-20130716-2q0ol.html#ixzz2ZCNE2xuQ
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