29 July 2010
Are the actions of t.v.'s Whale Wars PIRACY?
Article 101, U.N. Convention on the Law of the Sea:
Definition of piracy
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
So I've seen a few episodes of this Whale Wars. A Dutch-flagged hippie ship goes around harrassing Japanese ships, purportedly out hunting whales. The base questions I have are:
1. Are whales endangered? Subject to interpretation, I don't know what the definitive research says.
2. Is whale hunting illegal? Well, what is the standing and authority of the International Whaling Commission? Looks like it's being ignored.
3. Would I eat whale, given the opportunity? I really doubt it. [Sound of record needle swerving off record]. Kind of strikes me like how I might feel if I ate a dolphin. And the thought of such an immense creature suffering makes me cringe.
4. Are the Whale Wars crewmembers guilty of piracy? I think so. They foul propellers with giant steel cables, and in current episodes are attempting boardings of flagged vessels on the high seas, without being of any law-enforcement capacity.
5. What are the international laws outside of territorial waters/contiguous zones? Well, it's a different world. I'm no sea lawyer, but I think of the gambling barges that go just beyond our waters. It's no man's land. The UNCLOS is the only sea-going law I'm mildly familiar with. The U.S. accepts it as convention, but won't ratify it, presumably due to freedom of navigation and other concerns. The U.S. recognizes other international law in a similar manner. Piracy is piracy, the question becomes, "Who enforces against it?"
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