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Australia is launching legal action to stop Japanese whaling in Antarctic waters.

The federal government promised to do this before the last election, but had recently deferred action until November 2010 at the earliest.

But on Friday, Foreign Minister Stephen Smith said the government would lodge a formal application in the International Court of Justice in The Hague next week.

"Australia will initiate action in the International Court of Justice, seeking to prevent Japanese whaling in the Southern Ocean," Mr Smith told reporters in Sydney.

Mr Smith said he spoke to his counterpart in Japan before the announcement and both of them agreed the case would not disturb the country's international relationship.

Federal Environment Protection Minister Peter Garrett joined Mr Smith for the announcement and said Japan's so-called `scientific' whaling program must end.

"We want to see an end to whales being killed in the name of science in the Southern Ocean," Mr Garrett told reporters.

Mr Smith was resolute that both countries had agreed to quarantine the legal action from the international relationship with Japan - one of Australia's biggest trading partners.

"The agreement between Australia and Japan is that we will treat this matter in a calm, responsible and mature way," he said.

"Both nations adhere to the jurisdiction of International Court of Justice and we will treat this matter effectively as an independent legal arbitration of a disagreement between friends."

Mr Smith rejected the suggestion that the government has done a backflip on its previous stance.

"The cabinet came to the conclusion that we should initiate legal action and we should announce it today," Mr Smith said.

"We have said consistently that if we came to the conclusion that our objectives could not be met by diplomatic means, whether bilateral or multilateral diplomatic efforts through the IWC (International Whaling Commission), then we always reserved the right to initiate legal proceedings and that's what we've announced today."

MSN

MSN is one of the worst news reporters, they have some crap on that site.

I dont think it will stop the Japs regardless

Come - on - such negativity.

This government has to do something they said they would.

Why not an expensive long drawn out court case, in the 'international court' the outcome of which is then enforced not by the 'international' but by Australia and Japan.

The decision will be hailed by both sides as a victory and nothing will change.

Anyway what exactly is Australia's charge to the Japanese ?

Just heard Peter Garrett talking about the announcement - he said - 'all whaling must stop, including scientific'.

Now, I assume the only cases Australia has is that Japan is cheating on the internationally permitted 'scientific' whaling and actually whaling commercially, which is banned under the IWC. Japan is a signatory to the IWC and therefore bound by its decisions.

Or, they are whaling in Australian territorial waters / exclusion zone.

If Peter Garrett is going to an international court to say 'stop whaling' it will be thrown out, then he will be. Stop whaling is not a court case. Somebody breaking the law is.

Until the IWC bans all whaling and (Japan remains a member) you won't stop whaling in the courts. You might stop commercial but you won't stop what the IWC permits.

Just after Garrett was a story about Rudd's 2007 100% cast iron guarantee that all Government advertising would go through a review by the Attorney General to ensure it is not party political.

The $38 million advertising campaign against the anti-supertax campaign of the mining companies has just been made exempt from the Attorney General's review. Exemption granted by Rudd.

A lengthy international whaling court case means they can say they are doing something, so they don't have to do anything else. Do nothing else - 'as we will persue the legal avenues through the international courts'

If the IWc can't reach a consensus and conclusion after 60 years, do you think the court case will be a quick, clear cut open and shut case ?

Has there ever been a more media orientated back flipping do nothing government ??

The greatest moral challange of our time ? - maybe it is political integrity ?

Just remember folks - they promised to stop whaling, lets see what they claim to have promised when the court's verdict is handed down.

"Australia will initiate action in the International Court of Justice, seeking to prevent Japanese whaling in the Southern Ocean," Mr Smith told reporters in Sydney.

Mr Smith said he spoke to his counterpart in Japan before the announcement and both of them agreed the case would not disturb the country's international relationship.

Yeah. The meeting went something along the lines of:-

"Now listen mate, we have to put on a show for the punters. We have a pretty good relationship with you guys on the trading scene with all the kickbacks etc. If we don't put on a good show of looking like we are doing something, the punters might vote the other lot in and they will be a lot tighter with the purse than us.

Now don't worry. It won't cost you guys a cent because we have already blown multi billions of the punter's money so they won't miss another billion. We will pay for the whole show and you guys can continue with the slaughter.

We have blown nearly all of our pre-election shots and we are starting to scrape the bottom of the barrel, so just go along with us on this one so we can at least get the greenies on side,......please......mate???