2 Jun 2010

Lawsuit against Japanese whaling seen as risky

5:29 pm on 2 June 2010

Australia's legal action against Japan over its whaling programme in the Southern Ocean is being described as risky business by environmental activists and law specialists.

Commercial whaling was banned under a 1986 international moratorium but Japan still culls whales for what it says is scientific research.

Australia is calling on the International Court of Justice (ICJ) to stop that activity, arguing that Japan is violating the International Convention for the Regulation of Whaling by killing whales for research purposes.

Joanna Mossop, a senior lecturer at Victoria University who specialises in the law of the sea, says it will be tricky to prove that Japan is violating the convention.

Ms Mossop told Morning Report it could take months or years for the case to end.

Risk of failure also worries Greenpeace

While Australia's case is strong, she says, losing would strengthen Japan's position and might give it a moral win that it could then use diplomatically when coming under pressure from anti-whaling nations.

Greenpeace says failing at the ICJ could put whale conservation efforts back years.

A Japanese government spokesperson has described Australia's action as extremely regrettable.