@msolga,
msolga wrote:You appear to be saying that it's OK for Japan to conduct commercial whaling in one of the few existing sancturies in the world because it was outvoted at the IWC.
No, I'm saying that there is no real authority for 5 countries to declare a whale sanctuary and that calling out violations of this sanctuary ignores its nature.
For example, if I decide today that Australia is a sheep sanctuary you wouldn't think it were much of a "violation" if an Australian farmer killed a sheep because you know I have absolutely no authority to do so.
Same with this whale sanctuary. It is declared by 5 members of an organization whose membership is voluntary and whose charter happens to forbid this kind of thing. This organization's charter says it is supposed to protect whaling interests and create such sanctuaries based on scientific evidence that it is needed to protect an endangered population.
This sanctuary was declared in what is as hypocritical a twisting of the IWC mission as the "scientific research" pretext the Japanese are guilty of. Dr. Douglas Butterworth said it is a "transparent attempt to prevent the resumption of whaling on the 750,000 strong Antarctic Minke population for reasons which have nothing to do with science."[1] His argument isn't very revelatory, this is clearly a way to try to extend the moratorium on whaling to cover non-endangered whale species.
The IWC refuses to perform an analysis of the legality of the sanctuary because there is no procedure to do so, and because under its charter its would be tough to defend.
So the bottom line is that a voluntary organization declared a sanctuary that Japan claims violates the very groups charter (and quite frankly, they have a strong case for this) and that they quite reasonably believe was made specifically to try to prevent them from whaling the Minke population regardless of the sustainability of doing so. I know you say you don't care about these details but it matters. This is an arbitrary sanctuary that 5 countries decided on specifically to try to prevent the Japanese Minke whaling. This kind of thing does matter when it's later bandied about as if it were a sanctuary with any real authority.
Quote:I agree with you that Japan should leave the IWC if it refuses to play by it's "rules". But instead, it wants to have the "respectability" of belonging, while at the same time flouting that organization's rulings.
I don't Japan is not in the IWC because of "respectability" but because of economic pressures and the fact that sustainable fishing and whaling is very much in their interests given their dependence on the seas for food resources.
Quite frankly, it's probably a public relations positive for them to withdraw altogether and eliminate all legal claims against them. That way there would be even less basis for the vigilante claims of stopping "illegal" whaling and they'd get to drop the science pretext. There's really no respectability in it for them to be a part of the IWC. And this is one of my qualms with the more inclusive anti-whaling positions, it makes the middle ground position less attractive to Japan and undermines the more straightforward species conservation positions.
Quote:Not exactly an honorable position. You know, I couldn't care less how the Southern Whale Sanctuary came into existence. The fact that it exists at all is to be applauded.
I get that completely, it's a goal you share so you like it. It's origins don't matter on that level. But I'm sure you can also understand that the process though which authority is granted can't be so whimsical. It can't just be because you like it and agree with it's principles.
For example, the genesis of the Great Australian Sheep Sanctuary in 2010 has such little claim to authority that it isn't a very good legal instrument to try to enforce restrictions on the behavior of others.
And that's what it ultimately is, and it doesn't matter if you like it or the Japanese don't so much as it matters that it's simply not a legal instrument that can achieve the goals you want due to the way it came about. You can agree all you want with the principles, but the way it came about is hugely relevant to the basis on which other countries will ignore it.
Quote:The Antarctica & surrounding waters are one of the few remaining (fingers crossed!) areas of protected wilderness left on the planet. If the Japanese choose not to respect that, then I believe they're being extremely insensitive.
I think the Japanese are being hugely insensitive. The public relations cost to them and their culture is already too high for this to be worth it to them in my opinion. Unfortunately there are some principled reasons that make them reject this, and I think they have a good point. It's like a free speech argument to me where I find the content of their speech offensive but happen to agree with their right argument. And essentially it's that you need better reasons than really liking an animal to demand that another country give up a food resource.
Species conservation was such a good reason, they signed on. Now the sanctuary was created to prevent Minke hunting, which isn't a conservation goal as much as your no-whaling goal.
They aren't violating some natural preserve, they are violating a rule that was made specifically to prevent them from whaling Minke there. The sanctuary was created as a legal instrument to prevent whaling of a thriving Minke population. That is the be
Quote:The charge of "cultural insensitivity" is often leveled at any nation that objects to their whaling activities during this whaling moratorium. They also often claim that whaling is a "traditional" Japanese activity to justify their position. However, whaling the waters surrounding the Antarctic was not one of their traditional hunting grounds. They are there because they have depleted their own immediate marine resources by over-fishing. Something that doesn't give many of us a great feeling of confidence.
Yeah, but I don't really care about the cultural sensitivity thing that much in cases like this. If they were whaling endangered whales and had a billion-year history of doing so I'd still have no compunction about calling for its end on the basis of that argument.
I do care very much about over-whaling. But you and I both know that this is
not what is happening now, and is
not what you are actually opposing here. That's a goal that the IWC has actually worked well for and that annual quotas would continue to be able to control. This is very much about taking an organization that was founded to "make possible the orderly development of the whaling industry" and turn it into an organization with the aim of opposing the eating of whales.
That these moratoriums and sanctuaries are the result of a couple of countries deciding that whales are an inedible mascot is hugely important to Japan's ability to continue to ignore the strident opposition. If you get enough support to make better legal instruments (e.g. UN resolutions) you'll have a way to bludgeon Japan into stopping. Otherwise a hi-jacked whaling organization and a couple of Western states deciding what to eat is probably not going to fly.
[1] Institute of Marine Research (1988). A Programme to Study and Monitor Northeast Atlantic Minke, 1988-1992. Paper SCIENTIFIC COMMITTEE/40/Mi7. Presented to the SCIENTIFIC COMMITTEE in 1988. (unpublished).