Greenpeace activist to be tried for piracy in Japan?

[avgas]

Works for me. Unfortunately, despite a great deal of international political effort, it doesn't seem to work for the Japanese and the Norwegians.

In their defence, the Kiwi's, Aussies and Americans think it is perfectly fine to do what ever they want there. Including tourism.
Since its international all all that - is kind of like saying its an open, free market - no tarrifs, no tax.

Reality of the matter is that is should be a global barrier. NO ONE SHOULD BE THERE.

[avgas]

I've spent a bit of time in Japan, not a great deal but enough to have eaten many many different types of seafood, but never once found whale on the menu. And no one I asked actually liked it, most had tried it but not all. Now the Japanese are very proud people, and don't like to back down. So as long as the groups like the SS keep pressure on them then they more than likely won't back down. Ignore it all, and you'll probably find that the number of whales killed will drop dramatically. I've heard there are surplus stockpiles of whale meat rotting in storage in Japan, how long could the market last?

I found it in a local 24/7 shop. Was aptly labelled "Big Fish". Was also cheap.
Apparently it wasn't 100% though as it was half squid.

[marty]

Boarding a vessel flying a foreign flag without express permission for starters...

Really? I can't find anywhere that makes that a crime. Needs to be something more than just boarding.

Please provide a link to your claimed offence.

[Oakie]

It is never right to abandon a fellow countryman for whatever reason. Giving aid and assistance is not condoning their actions. Would you abandon a fellow biker if he broke the law and crashed as a result? There is a fundamental flaw in this country and that is that we support our fellow kiwi’s only if we agree with them. Otherwise they can go to hell. Skyryder

I said it was reasonable for a government not to rush to the assistance of a lawbreaker. It should be a considered action and when assistance is finally given it should be delivered in such a way as to leave no doubt that the government does not support the illegal action. Rushing in to help may give the impression that the government agrees with the action which could be damaging.

[blossomsowner]

good on pete bethune for sticking up for what he believes in.

yes he is prepared to go to much greater lengths to achieve his goals than 99% of the population.

lets get him some support...........get him home again..........

and get him onto the "return acc to the woodhouse principles" action group.


don't knock the guy, he has achieved more than most people ever will

[Skyryder]

Really? I can't find anywhere that makes that a crime. Needs to be something more than just boarding.

Please provide a link to your claimed offence.

Nope boarding is all that it takes. Boarding a vessel on the high seas is akin to entering a country illegaly. You need permission for both.

I'll try and find a link.

Skyryder

[Oakie]

don't knock the guy, he has achieved more than most people ever will

What has he achieved? I don't mean what issues has he jumped up and down about ... I mean what concrete resolutiion to issues is he responsible for? Sorry, serious question and probably displaying my ignorance but I've never heard of him. (No disrespect meant to anyone ... just want to expand my knowledge)

[Mikkel]

Sure. Which ones do you think are conjecture?

For instance, I can't see how you can be happy to assert that the Japanese vessel rammed Ady Gil (i.e. deliberately and solely caused the accident). A collision occurred, we've all seen the videos - but what went before that short glimpse we don't know.

I do not know a lot about maritime law, but I doubt that the NZ government has got any special authority in international waters. Claiming that the government should act on behalf of Sea Shepherd because Ady Gil was an NZ registered vessel doesn't sound right to me. Neither does "the government should do something" in regards to an NZ national being apprehended for unlawful boarding of a maritime vessel in international waters.

[LBD]

Then there is this billboard outside a diner in Andenes...Lofthofen Islands, Norway I snapped July 08.....Just had dinner so was not hungry at the time otherwise....maybe.....????

[LBD]

I do not know a lot about maritime law, but I doubt that the NZ government has got any special authority in international waters. Claiming that the government should act on behalf of Sea Shepherd because Ady Gil was an NZ registered vessel doesn't sound right to me. Neither does "the government should do something" in regards to an NZ national being apprehended for unlawful boarding of a maritime vessel in international waters.

Maritime activities in international waters is governed by the IMO International Maritime organisation, a division of the UN...who also manage the Colregs...Collision Regulations, the rules by which the collision will be judged.

[Skyryder]

Really? I can't find anywhere that makes that a crime. Needs to be something more than just boarding.

Please provide a link to your claimed offence.

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA


Article110\
Right of visit
1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:
(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109;
(d) the ship is without nationality; or
(e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration.
3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained.
4. These provisions apply mutatis mutandis to military aircraft.
5. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

http://www.un.org/Depts/los/conventi...s/closindx.htm


Further to the above.

Under the United Nations Convention on the Law of the Sea, which for the most part codifies the law of the sea even for non-parties to the Convention, vessels on the high seas are subject to the exclusive jurisdiction of their flag state and ordinarily may not be boarded by anyone from a foreign naval ship. [1] An exception exists, however, if the boarded ship is without nationality. [2] A vessel that flies no flag and is not otherwise clearly identified with a state of registration is considered a ship without nationality. Consequently it appears that the boarding of the cargo vessel, in and of itself, did not violate international law.

From

http://www.asil.org/insigh94.cfm

Best I can do.

[LBD]

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA


Article110\
Right of visit
1. Except where acts of interference derive from powers conferred by treaty, a warship which encounters on the high seas a foreign ship, other than a ship entitled to complete immunity in accordance with articles 95 and 96, is not justified in boarding it unless there is reasonable ground for suspecting that:
(a) the ship is engaged in piracy;
(b) the ship is engaged in the slave trade;
(c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109;
(d) the ship is without nationality; or
(e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.
2. In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat under the command of an officer to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination on board the ship, which must be carried out with all possible consideration.
3. If the suspicions prove to be unfounded, and provided that the ship boarded has not committed any act justifying them, it shall be compensated for any loss or damage that may have been sustained.
4. These provisions apply mutatis mutandis to military aircraft.
5. These provisions also apply to any other duly authorized ships or aircraft clearly marked and identifiable as being on government service.

http://www.un.org/Depts/los/conventi...s/closindx.htm


Further to the above.

Under the United Nations Convention on the Law of the Sea, which for the most part codifies the law of the sea even for non-parties to the Convention, vessels on the high seas are subject to the exclusive jurisdiction of their flag state and ordinarily may not be boarded by anyone from a foreign naval ship. [1] An exception exists, however, if the boarded ship is without nationality. [2] A vessel that flies no flag and is not otherwise clearly identified with a state of registration is considered a ship without nationality. Consequently it appears that the boarding of the cargo vessel, in and of itself, did not violate international law.

From

http://www.asil.org/insigh94.cfm

Best I can do.

I shouldnt have mentioned the IMO/UN Huh?

[Skyryder]

For instance, I can't see how you can be happy to assert that the Japanese vessel rammed Ady Gil (i.e. deliberately and solely caused the accident). A collision occurred, we've all seen the videos - but what went before that short glimpse we don't know.

I do not know a lot about maritime law, but I doubt that the NZ government has got any special authority in international waters. Claiming that the government should act on behalf of Sea Shepherd because Ady Gil was an NZ registered vessel doesn't sound right to me. Neither does "the government should do something" in regards to an NZ national being apprehended for unlawful boarding of a maritime vessel in international waters.

The NZ Government or any othe for that matter do not have any authority in international waters.

On hte other two points that you raise.

Article91

Nationality of ships

1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.

2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.



A New Zealander has been detained on a foreighn vessel. The Government has an obligation to offer assistance to it's nationals where applicable reguardles off the offence.

Skyryder

[Mully]

A New Zealander has been detained on a foreighn vessel. The Government has an obligation to offer assistance to it's nationals where applicable reguardles off the offence.

I thought (and I could be wrong, of course) that the Government was supposed to provide consulate assistance to any citizen who has been detained. It's not unreasonable to say that while he's at sea, there's no NZ Consulate to assist (in fact, in international waters, whether the NZ consulate could assist would be interesting)

So if he jumped on the ship in international waters, the Japs are probably entitled to take him to Japan in order to 'Detain" him - at which point, he should get assistance.

Actually, weren't SS saying at one point that he was refusing to leave.

[Swoop]

Can't we all just sit down with some Whale 'n Chips and get along??

I guess you'd need a bloody big tank bag to ride home with that takeaway!



A bit weird trying to conduct a "citizens arrest" on the high seas. The end result should be entertaining.