IBT News Blog

http://www.economist.com/world/asia/displaystory.cfm?story_id=10566770&CFID=9914703&CFTOKEN=15c79c6e8b1008f-47EAFB6E-B27C-BB00-012BC0DBEB17B3DF

Salty shepherds

This article discusses a dispute concerning whaling in the South Sea. The controversy seems like it is slowly brewing between Australia and Japan. Japan intends to kill 900 minke and 50 fin whales near Antarctica by mid-April for, so called, scientific reasons. Japanese whaling ships, however, have faced substantial protests by anti-whaling groups and the Australian people. What is interesting in this story is that the whaling is taking place in an Australian sanctuary, which is only recognized by only four countries. Even though a court in Australia has ruled against the whaling by Japan, the Prime Minister of Australia, Kevin Rudd, is finding it hard to follow the court. First, there are several other considerations for him before he can pressure Japan. The article mentions a free-trade agreement that is intended to calm Japanese nerves in the face of Chinese influence in the region. Second, of course, could be the fact that Japan does not recognize the sanctuary and considers it international waters.

In class, we have been recently talking about the extent of national jurisdiction and extraterritoriality. It is, therefore, interesting when a court rules against a party that is operating in a disputed or internationally governed region. The waters off Antarctica are probably not as intensely disputed as, for example, Kashmir or Kosovo. The fact remains, however, a foreign entity or corporation can always defend its activities by claiming that the region is disputed and the no national court has a jurisdiction. Therefore, it seems as if a national court would always find it difficult to implement any of its rulings against illegal activities in a disputed region. The Japanese government and its whaling ships, for example, do not consider the Federal Court of Australia as the proper arbitrator for any disputes concerning whaling. The article also mentions that there is distrust between the two countries, which would make things even more complicated. In such a scenario, an international arbitration panel that both countries are signatories to would be the proper venue for dispute resolution. Here, the International Whaling Commission could be approached if Australia is completely willing to implement its court’s ruling and argue that Japan’s whaling is not for scientific purposes.

submitted by: Mohammad Siddiqui

This article discusses the current attempts to create a French television station similar to the BBC. What does this suggest about technology and communications as a growing area of international trade? See http://www.iht.com/articles/2008/02/22/technology/pubcasters.php

Much attention has been focused on the rising price of gold, especially in light of the recent instability in international markets. This article discusses the recent pricing trends in sugar. See http://www.iht.com/articles/2008/02/24/business/rtrinvest25.php