Comments on the Judgement by the Federal Court on the case of HSI vs Kyodo Senpaku Kaisya

Japan recognises that the judgement made by Federal Court on January 15, 2008 is based on the premise that Australian domestic law is applied within a 200 nautical mile Exclusive Economic Zone (EEZ) which Australia had established on the coast of the Antarctic Continent based on its claim to territorial sovereignty in Antarctica.

However, Japan as well as considerable number of sovereign states have taken the position regarding the issue of sovereignty in Antarctica that any state’s territorial sovereignty shall not be recognised. Recalling Article IV of the Antarctic Treaty, Japan does not recognise any state’s rights of or claims to territorial sovereignty in Antarctica and consequently does not recognise any state’s rights over or claims to the water, sea-bed, and subsoil of the submarine areas adjacent to the continent of Antarctica, including the establishment of EEZ. Since the judgement is not in concordance with the principle of the exclusivity of the Flag State, Japan cannot accept the judgement.

Japan reaffirms that its research whaling conducted on the high seas is legal under international law including the International Convention for the Regulations of Whaling.