Eco-Warriors: An Invisible Line?

• Author: Jackson Lee Brown
• Position: Jackson Brown is currently completing his LLB and BEcons qualifications at Murdoch University. The author wishes to give credit and express his thanks to Kate Lewins for her assistance with this paper
• Pages: 152-162

(2012) 26 A&NZ Mar LJ

152

ECO-WARRIORS: AN INVISIBLE LINE?

Jackson Brown*

1 Introduction

One of the most controversial environmental issues in the Southern hemisphere is the Japanese whaling in

Antarctic waters. What was once an acceptable practice has become a divisive issue, and has at times strained

diplomatic relations between the Australian and Japanese Governments.

1 There is little chance that an avid

follower of current affairs can avoid wh aling news throughout the whaling season , given the level of public and

media interest.2 Prominent in the news regarding whaling are the clashes between the Japanese whaling fleet and

the Sea Shepherd Conservation Society.3

In the past, the Australian Government has been slow to respond to the Japanese whaling in waters that the

government considers part of Australia’s dominion. The government has been moving on this issue more

decisively of late,4 yet legal proceedings are moving at a rate that is far too slow for environmental activists.5

The slow pace of administrative action has led to environmental advocates taking the law into their own hands.

In particular, the Sea Shepherd Conservation Society has been consistently harassing the Japanese whaling fleet

in an attempt to disrupt the maiming and killing of whales.6

The purpose of this paper is to examine the techniques employed by the Sea Shepherd Conservation Society,

and to determine the legality of the role that the environmental organisation has taken upon itself. In order to do

this, an overview of whaling will first be discussed, with emphasis placed on diplomatic and legal attempts to

end the practice. Following this, the environmental protestors will then be discussed, along with the techniques

they use. The legality of all techniques and a discussion on how far the eco-warriors can go before action is

taken will then be considered in the context of the Navigation Act 1912 (Cth) and the Cr imes Act 1961 (NZ). A

brief discussion of the Japanese Fisheries Agency will conclude the body of the paper, outlining recent

developments within that government department. The focus of this paper is not on the legality of whaling, but

rather the consequences the Sea Shepherd Conservation Society face if they continue to employ the techniques

they use.

The intention of this paper is to give the reader an understanding of the boundaries that exist for environmental

activists. It would appear on first glance that the line itself is invisible, to both the Japanese whaling fleet and the

Sea Shepherd Conservation Society.

2 Overview

To be able to understand the underlying reasons for environmental activists employing controversial and

potentially illegal techniques to stop whaling, an overview of Japanese whaling must first be discussed. The

Japanese have been whaling for over one thousand years, with evidence that the first emperor of Japan, Emperor

Jimmu, had whale meat in his diet.7 Traditionally, the Japanese would use the whale to gain many resources,

* Jackson Brown is currently completing his LLB and BEcons qualifications at Murdoch University. The author wishes to give credit and

express his thanks to Kate Lewins for her assistance with this paper.

1 Coopes, A, ‘Australia Sues Japan Over Whaling’, The Sydney Morning Herald (online) 28 May 2010

news-world/australia-sues-japan-over-whaling-20100528-wkz0.html>.

2 Ibid. Also see any newspaper during the whaling season.

3 Edwards, M, ‘Japan Calls on Australia to Stop Sea Shepherd’, ABC News (online) 18 February 2011

02-18/japan-calls-on-australia-to-stop-sea-shepherd/1949078>.

4 Kelly, J, ‘Environment Minister Says International Legal Action Still an Option’, The Australian (online) 17 February 2011

an-option/story-e6frg6nf-

1226007626272>.

5 AFP, ‘Anti-Whaling Environmentalists Blamed for Suspension of Ocean Hunting’, The Australian (online) 16 February 2011

of-ocean-hunting/story-e6frg6n6-

1226007097118>.

6 Sea Shepherd Conservation Society, Who We Are (2011) < http://www.seashepherd.org/who-we-are/>.

7 Japanese Government, History of Japanese Whaling (2011) Facts About Japan < http://www.facts -about-japan.com/whaling-

history.html>.