Japanese whalers win injunction against Sea Shepherd activists

[The Straight Story]

Japan whalers given Sea Shepherd injunction by US court

A US court has ordered conservation group Sea Shepherd to stay at least 500 yards away from Japan's whaling fleet in the Southern Ocean.

The US Court of Appeals for the Ninth Circuit banned the group from "physically attacking any vessel engaged by the plaintiffs".

The court was responding to an appeal by Japan's whalers, after an earlier case was rejected.

The injunction remains in force until the court formally rules on the appeal.

The ruling by the court also bans Sea Shepherd from "navigating in a manner that is likely to endanger the safe navigation" of any whaling vessel.

http://www.bbc.co.uk/news/world-asia-20778616

[catnhatnh]

1. From the story...

But Sea Shepherd vowed to continue its activities, questioning the legality of the ruling.


"It is a complex situation whereby a United States court is issuing an injunction against Dutch and Australian vessels carrying an international crew, operating out of Australia and New Zealand in international waters," it said in a statement on its website.

Why the hell is a US court helping Japan "research" these species to extinction???

[madrchsod]

3. they are our friends.......

[ProgressiveProfessor]

6. While I think Watson is a bozo, its not clear that the US court has jurisdiction

Last edited Wed Dec 19, 2012, 05:03 AM - Edit history (1)

However, if the injunction is recognized by the nations under whose flags he flies, that could be different matter.

[petronius]

2. Well, that settles that, then...

[flvegan]

4. Jurisdiction?

Define "physically attacking" and "engaged"

Who cares. Operation Zero Tolerance. Fucking deal with it, whale killers.

Godspeed, Capt. Watson and Sea Shepherd.

Sierra.
Ibsa I and II
Astrid
Susan
Theresa
LOL, Hvalur 6 and 7. Nothing short of artistry.
Nybraena
Senet

And the carnage from Agenda 21. Sweet, sweet carnage. Send 'em to the bottom, hurt no one just the instruments.

LOL!! Decades of FAIL continue on, whalers.

[DearHeart]

5. That's what I was thinking...why is this even being handled in a U.S. court?

We don't have jurisdiction in international waters, with an international crew and boats not registered to the U.S.

I hope they don't let up at all on those fuckin whalers! Drive the friggin whalers out of business for good!!!

[ProgressiveProfessor]

7. In the lead into every lawsuit there is a section which states why the plaintiff believes that the

court has jurisdiction. It might be useful to find the docs and see what they say. I too would be curious.

[DearHeart]

10. Would love to see those docs

Amazing how we never hear about any of this in the "news", but then again it's not so amazing, but rather typical!

[ProgressiveProfessor]

11. I assume some one here has access to the legal databases, I would love to see them too

[Xithras]

8. It could apply to the handful of Americans on the crew.

One of the smallboat captains is an American, as is their helicopter pilot. They could potentially face prosecution if they violated the injunction, but only if they did it themselves (a real danger for the smallboat captain). The rest of the Americans on the crews don't have any control over the ships, so it would be nearly impossible to prosecute them for simply being onboard when a "violation" occurred.

Watson is Canadian, none of his other captains are American, and none of his vessles are registered in the U.S. Since they aren't operating in U.S. waters, there's no other American interest here. The Japanese must know that, so there's clearly some other angle that we aren't aware of yet.

[MFM008]

9. sooooooooooooooo?????

An American court issues an order in the artic waters against an international crew? How does that work exactly? Sea Shepard, please proceed.

[Bodhi BloodWave]

12. that one is actually quite easy to answer

1: they are a public charity in the us(not to relevant but likely it gives the courts some authority)

2: they have one of their headquarters in Friday Harbor, Washington(and unless he has moved doesn't Watson live there himself?) (I'll admit this information might be out of date since I haven't double checked it and things obviously might have changed since I read something about that a while back). If the two parts above is accurate that likely would give the courts the required authority.