Chaff Launch

Thursday, January 25, 2007

Latest ONI Worldwide Threat to Shipping (to 17 Jan 07)



Latest ONI Worldwide Threat to Shipping (to 17 Jan 07) here:

Lots of robberies in port, some attempted boardings at sea.
And anti-whaling terrorism:
1. ANTARCTIC ANTI-WHALING EFFORTS: According to a 23 Dec
Sea Shepherd news release, The (FARLEY MOWAT) is expected to arrive
in the whaling area during the first week of Jan, where the flagship will
rendezvous with the organizationís newly acquired second ship, code-named
LEVIATHAN. The two ships, with over 60 international volunteers, a
helicopter, and numerous smaller vessels, will confront the Japanese whalers
on the high seas. According to a statement from the International Merchant
Marine Registry of Belize, the (FARLEY MOWAT) was deregistered on
Dec 29, after only ten days of issuance, citing concerns the vessel would be
used as part of an organized attempt to sink whaling ships. A Sea Shepherd
news release dated 05 Jan confirmed the vessel is now officially operating
without a flag. However, the Sea Shepherdís president told reporters that he
had no intention of endangering lives. Additionally, the Greenpeace ship
(ESPERANZA) arrived in Auckland, New Zealand on 09 Jan and is expected
to depart in two weeks to take part in efforts to stop whaling as well. This
year, the Japanese Fisheries Agency plans to hunt 935 minke whales and
10 endangered fin whales. ONI Comment: Last season, dangerous hull-to-hull
contact (both accidental and intentional) was reported between protest vessels
and whaling vessels. While this does not pose a threat to merchant shipping
in general, vessels and regional rescue authorities should be aware of the
possible need to render emergency assistance if operating in the vicinity of
the Ross Sea from now to the end of the whaling season, which last year ended on March 20 (ONI, GP, LL, seashepherd.org, LM: The Age, Sydney
Morning Herald).
More on "Sea Shepard" at their site. Note the pirate flags on the ships. Given that international law treats pirates rather rudely...

See here at UNITED NATIONS CONVENTION ON THE LAW OF THE SEA:
Article 100

DUTY TO CO-OPERATE IN THE REPRESSION OF PIRACY

All States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.
Article 101

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).
Article 102

***

DEFINITION OF A PIRATE SHIP OR AIRCRAFT

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.
Article 104

RETENTION OR LOSS OF THE NATIONALITY OF A PIRATE SHIP OR AIRCRAFT

A ship or aircraft may retain its nationality although it has become a pirate ship or aircraft. The retention or loss of nationality is determined by the law of the State from which such nationality was derived.
Article 105

SEIZURE OF A PIRATE SHIP OR AIRCRAFT

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith.
UPDATE: Of course, Sea Shepard asserts that it is enforcing UN Conventions. See here, too.

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