Stay in touch with the latest and widest range of Japan News with JapanToday's News Alert newsletter.
Up to the moment news in your inbox everyday. Subscribe now!
Already a JapanToday registered user?
Login to update your settings to subscribe to News Alert.
*Required
40 years too late it seems.
Posted in: TEPCO planned review of tsunami risk, but too late
Let's hope no reader needs help.
Posted in: Government home care scheme to be limited to 13 locations
Don't vote anyone who supported these people. The truth hurts! The only way to have change…
Posted in: Official defends secrecy over worst-case nuclear disaster scenario
Israel will be attacked first and not Iran.
Posted in: Noda urges Israel not to attack Iran
This is great. Experience in 14 foreign countries can give a writer experience. The students will…
Posted in: 180 students from disaster-hit Tohoku to have homestays in U.S.
0
OssanAmerica
Good choice by Japan. Millitary spending when living next door to to an aggressive giant is only wasteful if you have nothing to protect or lose.
Posted in: Japan likely to buy Lockheed Martin's F-35 fighters: media
-1
OssanAmerica
China will never land on the Senkakus nor will they deploy PLAN ships there for the simple resason that the United States has already declared the Senkakus to be wthin the US defense perimeter. Unless China wants to srtar a war with the United States, the country that has kept them from trying to take Taiwan for 50 years, thy will not dare.
Posted in: LDP's Ishihara wants base on China-claimed islands
0
OssanAmerica
Not only should the JSDF build a base there, the USMC from Futenma should be placed there as well which is easy since so many JSDF bases are shared now. I say the United States should be right in their faces.
Posted in: LDP's Ishihara wants base on China-claimed islands
2
OssanAmerica
Amerijap- SSCI is incorporated in and exists under rhe laws of the United States. That is sufficient to establish the jurisdiction of the US fEdral Court for the Southern District.. End of dicission.
<Moderator- why do you permit a user to have a sign-on name that contains a degrogatory word for Japanese people and is considered offensive especially by Americans and Canadians of Japanese descent? And no, the abbreviation for Japan was changed from JAP to JPN years ago.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
1
OssanAmerica
As stated please state where SSCI is located. That settles anyt question you may have about jurisdiction.
Completely wrong. US courts are riddled with actions brought by and defendended by foreign individuals, organizations and corporate entities.
Neither the rights of US citizens nor anyone's US immigration status have any bearing on this case whatsoever. You obviously have no experience with he US courts systems and the arguments you have posed are quite meaningless. I suggest you consult an attorney prior to posting further nonsense.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
1
OssanAmerica
You are completely incorrect. Foreign individuals, organizations and entities bring action in US civil courts all the time as the only requirement is that be a basis of jurisdiction. Now where is SSCS located?
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
0
OssanAmerica
And Article VIII of the same International Convention for the Regulation of Whaling, made by democratic decision, allows members to issue Scientific whaling permits. In addition, the establshment of the "Southern Sanctuary" was in violatuion of the IWC's own regulations requiring the creation of any sanctuaries to be based on the recommendations of the IWC Scientific Committee. The head of the IWC Scientific Committee quit in disgust over this.
Japan isabiding by Article VIII to the letter right down to comsuming the meat as required. How is that "abusing" Article VIII?
While it allows the Scientific whaling and exempts it from having to recognize any Moratoriums or Sanctuaries.
In fact, Japan continues to hunt several vulnerable and endangered species as well.
Australia's suit before the ICJ will fail miserably because Japan is in compliance with Article VIII and consequently set the anti-whaling movement back, as the United States and New Zealand (both anti-whaling nations) warned Australia.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
-1
OssanAmerica
Not really. Because Plaintiffs are not seeking any damages or renumeration, merely a judgement ordering SSCI to stop their violence. It does not even seek to stop anti-whaling protests. Lawyers are the winners in cases where money is the issue,
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
1
OssanAmerica
When you consider the relationship between Paul Watson/SSCI and people like Rodney Coronado (ALF), Craig Rosebraugh (ELF) and Alex Pacheco (PETA) one can also bet their whale steak that the FBI will be monitoring this suit very closely.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
2
OssanAmerica
The "Consttution" has nothing to do with a civil lawsuit. You are confusing this with somne high profile US Supreme Court case. Furthermore the "State court" has nothing to do with this either since the case has been submitted to a Federal Court. Citizenship of either party is irrelevant, the key here is that SSCS is n organizatyion incorporated and existing under the laws of thge United States and maintaining their place of buisiness there. This is what assures jurisdiction.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
4
OssanAmerica
On what basis? Every reason you've given so ar has been irrelevant to the complaint or the result of complete miscomprehension of how courts work. How "The U.S." feels about whaling is irrelavant. You are simply spouting wishful thinking with no rationale.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
3
OssanAmerica
And if you bothered to read the discussion forums of Animal Planet you'd see just how many American think Watson is a "douche" and SSCS are eco-terrorists. A great many Americans also make it no secret that if Sea Shephered ever did anything to a US fisheries vessel like they do to the Japanese they would be responded to with a 12 gauge, a common item found onboard US fishjing verssels. Not to mention that SSCS would be arrested by the USCG and charged with violating the Animal Enterprise Protection Act of 1992.
Vigilantism, ie; taking the law into your own hands without authority or jursdiction, is illegal in all 50 states of the United States. That is exactly what Watson and SSCI are doing.
How many times do I have to repeat that "Whaling" is not the issue in this legal action? How anyone feels about "whaling" one way or the other is irrelevant. Furthermore, The U.S., government's position is also irrelevant anyway as the Federal Court does not represent the U.S., governent's position on anything. It's a pretty much guaranteed thing that an injunction will be issued and that Watson and SSCI will ignore it in keeping with their criiminal nature.
You may want to read this, from a site that has nothing to do whatsoever with the whaling issue, one way or the other. http://activistcash.com/organization_overview.cfm/o/347-sea-shepherd-conservation-society
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
3
OssanAmerica
YuriOtani, is SSCS an organization incorporated in the United States or in Japan? This is what determines the forum of any action to be brought, the jurisdiction of the Defendant. .
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
4
OssanAmerica
This isn't a criminal casek, it;s a civil law suit so the "burden of proof is basically a cakewalk. Plaintiff can fulfill nearly all of it with material taken right off Defendants website, own statements made to the media anmd youtube. And for the icing mayber testimony from the Canadian. Norwegian and Icelandic Coast Guards. The very same evidence will convince any court that SSCS are a threat the Plaintiffs as well as the welfare of their own members. There is no requirement for any plaintiff regardless of nationality to "provide their cultural connections" whatever that means, Nor, in a civil action is there any requirement for Plaintiff's intrerests to be the subject of U.S. interests or whether it harms to local/national interests. You appear to be confusing this civil action with a Federal prosecition on criminal charges where the plaintiff represents the People of the United States.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
5
OssanAmerica
If the US Federal court issue an injunction ordering Watson and SSCS to cease their activities against the Whalers until the case is heard, and that order is ignored, an arrest warrant will be issued for Watson for contempt of court. If the case is heard and the court rules that Watson/SSCs must cease their activities and Watson ignores it, again an arrerst warrant will be issued for contempt of court. The Whalers are not in the same position because they are not a U.S. based entity as SSCS is. Taking into account Watson's past behavior with other countries, it is likely that the US court will adjudicate against Watson and SSCI and Watson will simply avoid ever entering US territory again. I'm sure Australia will be happy to take him in.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
2
OssanAmerica
ignoranttolerance, I have explained to you that the vast majority of Americans, regardless of their position on whaling, abhor unauthorized vigilantism and acts of violence, the very issue that this suit is about. In addition most Americans consider Pasil WAtson and his SSCS to be eco-terrorists, sometying which we have little tolereance for. The "cause" does not justify violent unlawful acts, be it ramming ships or crashing planes into buildings. There is absolutely no question of jurisdiction because SSCS is incorporated as an NPO and exists under the laws of the United States. And whilst I have already attempted to explain this to you, the answer to your question is yes. If a US company owns a ship registered under a foreign flag. any court orders, injunctions or judgements against the US company apply to the foreign flagged company asset. This case will not be dismissed as it is far from frivolous as Watson is pretending it is. The cost of defense alone will but a big dent in SSCS' operations.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
5
OssanAmerica
No that is completely incorrect. In fact, there are few if any "emotional" arguments anyone can use to support whaling. It is the anti-whaling faction that relies entirely on "emotion" due to the inability to present any objective rational argument based on fact or law. That, plus denial of facts and law to suit their position.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
9
OssanAmerica
Yes it does. SSCS is registered and exists under the laws of the United Startes, maintaning their head office in Washington State. This of course is no secret.
The word you are looking for is "registered", ie; flying the U.S flag. Ships throughout the world are owned and operated by one-ship shell corporations. In must cases such owning companies are of a different country and the vessel's flag of registry is another country, It is a relatively simple procedure to prove a direct relationship between the vessels and their actual controlling interests. This is all the more so in the case of SSCS which proudly declares these vessels as their "fleet" on their website and in their literature.
If an injunction is ordered by the Federal Court for SS to cease its activities pending the outcome of this case, the SSCS vessels no matter where they are would be subject to arrest and detainment. because such an order would be recognized by a court of another country on the basis of comity. Just recently the Tuna fishermen of Malta filed an acition against SSCS in a Maltese court and were able to arrest a SSCS vessel in a UK port. In other words, unless the SSCS vessels intend to remain out at sea in international waters indefinitely with no port calls for replenishment of fuel and provisions, they will eventually be arrested and detained.
You are barking completely up the wrong tree. The complaint has NOTHING to do with whaling, research, commercial or otherwise. It has to do with acts of violence at sea. Therefore a judge and the court is not going to waste time addressing issues not in the complaint. Likewise any defense arguments going on ad infinitum about "whaling" will be disregarded.
In cases where the evidence is overwhelming, Yes it is. SSCS has a long history of violence at sea and proudly sell a Sea Shepherd T-shirt listing the ships they have sunk or damaged. SSCS also has a long history of run-ins with law enforcement agencies of other countries.
I have already addressed all of those issues and you are simply repeating your utterly unlearned wishful thinking. Therefore please refer to my previous answers.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.
-1
OssanAmerica
Being members of the IWC they are obviously aware that it is the IWCs regulations under Article 8 that allows Scientific permit whaling and allows it to be exempt from sanctuaries. So why are they urging a country that is abidinbg by the regulations. Shouldn't they be spending theirtime anmd efforts to change the regulations? Or does that make too much sense?
So what is the point of "rejecting" the plans that are in accordance with the IWC regulations and are conducted in international waters? How does that save any whales?
Posted in: Latin American nations urge Japan to stop whaling
5
OssanAmerica
"How do you think that Japan's case will hold? Sea Shepherd is violent? If you don't remember, the Japanese whalers threw brass bolts, golf balls"
Fortunately, in a court of law, the party that approaches the other with the declared intent to harass and interfere with their operations and takes the first hostile actions will be looked upon as the aggressor, All of the acts that the Whalers are accused of qualify as self defense, because they are not the ones approaching the SS vessels. Their only interest in in approaching the whales, a subject which is not part of this law suit. It's about time that the frothing-at-the mouth uneducated SS sheep with no concept of law and order get a lesson in growing up.
Posted in: Japan whaling authorities sue Sea Shepherd in U.S.