Senate debates

Thursday, 18 November 2010

Questions without Notice

Whaling

2:18 pm

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I thank Senator Brown for his question. On 31 May 2010, the Australian government launched its application instituting proceedings in the International Court of Justice against Japan’s so-called scientific whaling. The decision to commence international legal action against Japan was taken after very careful consideration. Japan’s scientific whaling program is in breach of its obligations under international law, including under the International Convention for the Regulation of Whaling.

Australia’s case is being developed carefully. It would be inappropriate for me to comment further on the substance of Australia’s claims or on a legal strategy. To do so could prejudice our case. Our relationship with Japan is deep, longstanding, broad and multidimensional. Japan is an important trading partner, an export market and a close partner in security issues and in multilateral forums. The court has fixed the dates for both Australia and Japan to file written proceedings. Australia’s written memorial must be filed by 9 May 2011. Japan’s written countermemorial must be filed by 9 March 2012. After written pleadings have been filed and other procedural matters dealt with, an oral hearing of the merits of the case will take place in the court at The Hague. Past experience would indicate that the case would take a number of years before the court renders its final judgment.

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