Whale warriors need legal eagles

This article was published in The Australian 8 January 2010

Following the devastating collision between the Sea Shepherd's Ady Gil and the Japanese Shonan Maru 2, Paul Watson of Sea Shepherd claimed: "We now have a real whale war on our hands."

If so, we might finally have the harbinger for change that is needed in addressing the long-standing dispute over Japan's so-called scientific whaling in Antarctic waters. Australia should act before further lives - of protesters or whales - are put at risk.

The jury is out as to who is to blame for the collision, and anyone looking at the available video footage will reach their own conclusion.

As a matter of international law, both vessels could be accused of failing to show due regard on the high seas and for jeopardising the safety of life at sea.

Claims of acting in self-defence or necessity may be advanced. Japan could assert it was taking necessary and proportionate counter measures in the face of the Ady Gil's unlawful manoeuvres.