Courts, Not Corridors The Right Venue for Anti Whaling Case

January 27, 2005. Sydney: The Environmental Defender’s Office on behalf of the Humane Society International will continue to push for Australian law to be upheld in its case against a Japanese whaling company operating in the Australian Whale Sanctuary adjacent to Australia’s Antarctic Territory.

Japanese whalers are expected to resume operations in Australian waters from the middle of next month, despite the creation of an Australian whale sanctuary by the Australian Government in 2000.

The Federal Court is yet to rule whether the EDO, representing the HSI, has the go-ahead to bring a case against Kyodo Senpaku Kaisha Ltd.

However in its submission, the Australian government has expressed its preference for pursuing diplomatic channels, rather than legal ones.

The EDO is of a different view. “It is entirely appropriate to challenge whaling in our courts” says EDO Solicitor, Jessica Simpson. “The Environment Protection and Biodiversity Conservation Act has open standing provisions to enable these proceedings to be brought to enforce the law.”

“There are laws in place which recognise Australia’s sovereignty over Australia’s Antarctic Territory and which protect whales in Australian waters. Those laws should be upheld,” Simpson says.

For more information: Contact Jessica Simpson on (02) 9262 6989.