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July 02, 2013 | By:  Kate Whittington
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The Japanese Whaling Controversy – a Collision of Science, Commerce, and Culture

The media spotlight has been hovering over The Hague in the past week as Australia made its case against Japan's scientific whaling practices, accusing Japan of trying to "cloak its ongoing commercial whaling in the lab coat of science." Today, Japan began their defence. But whilst the International Court of Justice seeks to reconcile the case on the basis of legality rather than morality, it cannot be denied that, beyond the courtroom walls, emotions, culture and ethics play a significant role in wider whaling discourse.

When it comes to topics such as resource management and wildlife conservation, science and culture are often unavoidably intertwined. And whilst scientific recommendations should not be influenced by emotions, once it comes to translating that science into policies, culture, traditions and strong public opinion can sometimes significantly shape the decision-making process.

Given the widespread criticism of the science3,5 (or lack thereof, depending on your views) of Japan's whaling practices, it is difficult to decipher why Japan continue to support commercial whaling in the face of such fierce international opposition. Regardless of whether Japan's whaling practices are for science, commerce or both, one thing is for certain - they aren't showing any signs of stopping. So could it be that culture and emotions are also a key driving factor for their continued harvest?

I will discuss some views on this, but first, a very brief background on the IWC, the scientific whaling clause dispute (including a diagram which demonstrates just what a convoluted and controversial topic this is!):

The International Whaling Commission was established in 1946 under the International Convention for the Regulation of Whaling to "provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry".

Amid concerns over the notable depletion of whale stocks (due to a history of over-harvesting in the whaling industry), as well as the scientific uncertainty surrounding estimates of stock abundance, a "precautionary principle" was adopted and the moratorium on commercial whaling was introduced in 1986.

Since the ban, the issue with whaling has grown from concerns over scientific certainty of population estimates and sustainable practice, to an international issue of scientific, political and ethical complexity. Nowadays the dispute is less about the sustainable management of whale stocks and more about whether whales should be exploited as a resource at all.

SCIENCE VS. COMMERCE

Japan has always been open about its intention to continue commercial whaling if/when deemed feasible (i.e sustainable). Launched in 1987, (following the moratorium) the stated purpose of the Japanese research program was to "resolve the scientific uncertainties and pave the way for the resumption of sustainable whaling".

The killing of whales for research is allowed under the 1946 ICRW which states that: "any Contracting Government may grant to any of its nationals a special permit authorizing that national to kill, take and treat whales for purposes of scientific research subject to such restrictions as to number and subject to such other conditions as the Contracting Government thinks fit, and the killing, taking, and treating of whales in accordance with the provisions of this Article shall be exempt from the operation of this Convention." (Source)

However, the suspicion, as exemplified by the current court case, is that this is merely a front for continued commercial whaling, as whale meat obtained as a by-product of "scientific" whaling is sold on the Japanese market. There are also concerns that data is being gathered purely to justify the lifting of the moratorium by proving an abundance of stocks exists to support a return to commercial whaling.

This is where it gets tricky - the further reading list below is merely a snapshot of the vast range of journal articles, letters and news items which openly (and rather heatedly) debate the science of Japan's research program. As it's not the primary focus of this post to unpick the myriad voices for and (moreso) against Japanese whaling, I've attempted to give an impression of the scale and range of opinions in this mindmap below.

Diagram 1. Mindmap of the scientific debate over Japan's research program. Green = justifications/arguments for, red = criticism/arguments against. Key arguments are highlighted in bold.

Unsurprisingly, a main cause of controversy is the use of lethal methods3,5 - for example the use of explosive grenades to gather data (p.21). Japan's research proposal states that the study of parameters related to age and stomach content surveys can only be obtained using lethal methods (p.20). However, there are now a range of non-lethal alternatives for data collection. See the latest Saltwater Science blog for more informatio.

The majority of negative discourse regarding Japan's research program revolves around the criticism that it does not answer any meaningful questions in relation to the IWC's objectives, and that there is a "lack of testable hypotheses or performance measures".

This has lead to decades of dispute between opposing SC members as to the validity of Japan's research practices, the most recent being from the 2013 Scientific Committee report whereby those sceptical of the research objectives sought to "reiterate the view that the special permit programs conducted by the Government of Japan...have not provided results relevant to the IWC and are unnecessary for the conservation and management of whales." (Annex P3). But perhaps the more telling point was that made by other members in defence, highlighting the fact that "the political controversy surrounding the Special Permit programs has been making the scientific discussions at the IWC Scientific Committee unnecessarily difficult and confrontational" (Annex P4).

Culture and Emotions

The fact that Japan has been accused of flouting international law is newsworthy enough, but throw in one of the most iconic animals of the environmental movement and the media interest is bound to soar.

Scientific disputes aside, it is clear that both culture and emotions play a key role in this debate (regardless of whether they should). There are also many political reasons regarding international relations, reputation and trading which influence Japan's decision to continue whaling under the ICRW clause rather than leaving the IWC altogether or whaling under objection as Norway does.

When defending their rights to whaling, Japan often cites their traditional whaling culture as a key policy driver. Masayuki Komatsu (Executive director of the government funded Marine Fisheries Research and Development Department) states that whaling has been conducted in Japan for "more than 400 years", although, arguably, it only became commonplace across Japan after World War II when whale meat was used to feed the impoverished population7. Before this, however, whaling has been a tradition for a number of small coastal communities and Japan therefore views its continued whaling as its "natural right" as a sovereign state (p.807). Japan have also requested on several occasions to be granted Aboriginal Subsistence Whaling - but the "commercial element" of their coastal whaling is seen to over-ride cultural arguments for these permits.

Food for thought

Beyond the sphere of the IWC there are forces at play between "pro" and "anti" whaling countries - nations that consider whales as consumptive resources, and those that do not - creating a "cultural gulf" between whaling and non-whaling countries.

This reveals yet another facet of the whaling controversy - the perceived "cultural imperialism" of the West, and the refusal of Japan to bow to western pressures as to what they should and should not eat8. Clearly this is an ethical issue of when (if ever) it is acceptable to impose restrictions on the diet and cultural practices of another nation. If sustainable harvest is achievable then Japan sees no reason to prohibit the use of whales as a food resource. But should guidelines for sustainable practices be agreed upon, one has to wonder - will "anti-whaling" countries ever really be comfortable with the concept of commercial whaling again?

Anti-anti-whaling?

As a counter-argument to the purported cultural value of Japan's whaling practices, many cite whaling as a "minor industry" and there are even claims that a lot of the whale meat from scientific whaling remains unsold, stockpiled in cold stores4.

This seeming lack of demand for whalemeat from the Japanese populace, combined with the strong influence of pro-whaling rhetoric from the Government of Japan (GOJ), has lead to the theory that, rather than the majority of the Japanese public being "pro-whaling", they are instead "anti anti-whaling"*1, 11, with the main push for commercial whaling being driven, in truth, by a small, vocal pro-whaling minority8.

The Future of Whaling in the Antarctic

A return to legal commercial whaling (via the lifting of the moratorium) seems highly unlikely within the foreseeable future. Some even argue that the current practice in Japan - obtaining whale products through scientific whaling - is actually the best scenario for them11,12. This may soon be set to change, however, as both Australia and Japan have agreed to abide by whatever decision is reached by the ICJ.

The conclusion of this case will have a huge impact on the future direction and practices of the IWC, as well as on international perceptions and acceptance of whaling. Whilst it is the science which is under scrutiny at the ICJ, the conclusion of this case will have numerous political, cultural and ethical impacts. With so much else hinging on a debate around sound scientific practice, this case highlights the importance of ensuring the effective communication of science to inform the policy-making process.

Updates from The Hague: You can follow media releases from the court case here with written materials relating to the various hearings being released as they are covered in court. It runs until the 16th July but a final judgement is not expected for several months after this.


References:

  1. Bowett, J. & Hay, P. Whaling and its controversies: Examining the attitudes of Japan's youth Marine Policy 33, 775-783 (2009)
  2. Catalinac, A. L. & Chan, G. Japan, the West, and the whaling issue: understanding the Japanese side Japan Forum 17, 133-163 (2005)
  3. Clapham, P. J. et al. Whaling as Science BioScience 53, 210-212. (2003)
  4. Clapham, P.J., et al. The whaling issue: Conservation, confusion and casuistry. Marine Policy 31, 314-319 (2007)
  5. Gales, N. J., et al. Japan's whaling plan under scrutiny Nature 435, 883-884 (16 June 2005)
  6. Government of Japan Plan for the Second Phase of the Japanese Whale Research Program under Special Permit in the Antarctic (JARPA II) - Monitoring of the Antarctic Ecosystem and Development of New Management Objectives for Whale Resources
  7. Hamazaki, T. & Tanno, D. Approval of Whaling and Whaling-related Beliefs: Public Opinion in Whaling and Non-whaling Countries Human Dimensions of Wildlife: An International Journal 6,131-144 (2001)
  8. Hirata, K. Why Japan supports whaling. Journal of International Wildlife Law & Policy. 8, 129-149 (2005)
  9. Hogg, C. The forces that drive Japanese whaling BBC News June 15, 2006.
  10. Holt, S. Letter: Scientific Whaling Marine Pollution Bulletin 19 184-185 (1988)
  11. Ishii, A. & Okubo, A. An alternative explanation of Japan's whaling diplomacy in the post moratorium era. J. Int. Wild. Law Policy 10, 55-87 (2007)
  12. Ishii, A. Japan and the whaling issue: A viewpoint based on a review of "Whaling in Japan: Power, politics and diplomacy" by Jun Morikawa Ocean & Coastal Management 54, 274-276 (2011)
  13. International Whaling Commission History and Purpose
  14. International Whaling Commission Commercial whaling catch limits
  15. International Whaling Commission Aboriginal Subsistence Whaling
  16. International Whaling Commission International Convention for the Regulation of Whaling (1946)
  17. International Whaling Commission Report of the Scientific Committee Annex P: Scientific Permits 2013
  18. McCurry, J. "Australia censures Japan for 'scientific' whaling" The Guardian. June 26, 2013
  19. Morishita, J. Multiple analysis of the whaling issue: Understanding the dispute by a matrix Marine Policy 30 802-808 (2006)
  20. Rudd. A. Seven Alternatives to Scientific Japanese Whaling (That Can Save The Whale) Scitable (2013)

Photo Credits:

Protest photo: by Takver on Flickr
Minke whale: by Len2040 on Flickr

* In the words of Junko Sakurai, a former Greenpeace Japan campaigner, the Japanese citizens who are said to be ‘‘pro-whaling''are largely ‘‘anti anti-whaling'' in reality.J.Sakurai,e-mail communication with A.Ishii 31 July 2006. Cited in Ishii, A. & Okubo, A. An alternative explanation of Japan's whaling diplomacy in the post moratorium era. J. Int. Wild. Law Policy 10, 55-87 (2007)

[Edited 2013-07-03 to amend reference list]

3 Comments
Comments
July 03, 2013 | 04:55 PM
Posted By:  Kate Whittington
...That's not to say that I approve of Japan's actions (in fact I'll take this opportunity to state, as a disclaimer, that I really don't), BUT, having been perceived as a "hippy" for much of my Environmental Sciences degree, I always strive to delve to the heart of these issues and try to understand the "opposing" side before reaching my own conclusion. This is what I sought to do with this post. As we've seen from some of the conversation on twitter, many people have already made up their minds on this and have strong views against Japan's actions, but I wanted to explore the possible explanations for Japan's actions beyond the argument of whether it's true "scientific" whaling or not.

I definitely plan to cover the final decision in some way. We'll see what else the case reveals as it progresses...
July 03, 2013 | 04:55 PM
Posted By:  Kate Whittington
Thank you Khalil - it was a tough topic to try and summarise. It's always difficult to strike a balance between presenting both sides of an argument without giving equal weight to both when one of them clearly has a stronger case. I like to tackle these kinds of issues as, especially where the treatment of animals is concerned, media coverage and activist actions/propaganda can sometimes over-simplify the true debate and sometimes make matters worse when trying to reach a workable conclusion for all parties involved. For example - it's been suggested that the work of the Sea Shepherd organisation actually serves to exacerbate what I described in my post as "anti-anti-whaling" as it intensifies the feelings of victimisation in Japan.
July 03, 2013 | 12:41 PM
Posted By:  Khalil A. Cassimally
This will quite possibly be the most unproductive comment ever but what a TERRIFIC piece, Kate. Looking at this whaling debate from the Japanese's point of view is primordial but sadly too often the West looks to impose rather than comprehend.

I hope you keep us abreast of the Hague developments in the coming weeks and months.
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