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    Forums    Whale Wars    Whale Wars: Talk About the Show    Taking SSCS and AP to court
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Senior Member
Posted
why don't the ICW / Japanese government not taking SSCS and AP to court for property damage?

AP is making money on the show and encourage SSCS to more extreme behavior.

I personally think the board of directors for SSCS should be responsible financially since they have control of the organization.
 
Posts: 85 | Registered: 08-01-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
Which court under who's jurisdiction?
 
Posts: 561 | Registered: 07-17-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
Well SSCS would be taken to the IMO first of all.

AP and RIVR Media would be taken to an international court
 
Posts: 526 | Registered: 01-13-08Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
Actually, the whalers would take the SS to their own courts because the attacks by the SS were committed against their flagged ships. That's what international law allows.

The whalers would take the SS organization to US court as that is where they are incorporated. Along with AP and RIVR Media.
 
Posts: 357 | Location: The Soverign state of Oregon, US of A | Registered: 07-18-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
quote:
Originally posted by MikeE1434:
Well SSCS would be taken to the IMO first of all.
AP and RIVR Media would be taken to an international court


You are correct on one and incorrect on another. The Whalers and
the SSCS would come under the International Maritime Organization
for any actions committed against member state flagged vessels.

Read the Provisions of the CONVENTION FOR THE SUPPRESSION OF UNLAWFUL
ACTS OF VIOLENCE AGAINST THE SAFETY OF MARITIME NAVIGATION (SUA CONVENTION)

"According to the provisions of the Convention, any person commits an
offense if that person unlawfully and intentionally commits, attempts to commit,
threatens to commit, or abets the seizure or exercise of control over a ship by
force or threat of force or any form of intimidation; or commits any of the
following acts if it endangers or is likely to endanger the safe navigation of
that ship: an act of violence against a person on board; destroying a ship or
damaging a ship or its cargo; placing or causing to be placed on a ship a device
or substance likely to destroy the ship or cause damage to the ship or its cargo;
destroying or seriously damaging maritime navigational facili-ties or seriously
interfering with their operation; or communicating information he knows to be false.
It is also an offense to injure or kill any person in connect

source: http://nti.org/e_research/offi...ry/pdfs/maritime.pdf

I can certainly say that from what I have seen in this season alone suffices to
invoke the provision of SUA for IMO to act, if and only if, they actually had a
complaintant, something the Japanese will likely not do. No one else has proper
and legal standing to initiate such an actionable cause before the IMO.

As to AP and RIVR Media, there is no cause of action there upon which relief could be
granted. Simply producing and broadcasting on a subject matter does not give rise
to a claim of right or justiciable action for review by the Courts. As they are
U.S. entities, they will be protected by the broad reach of the 1st Amendment, so well
entrenched in American Jurisprudence that such a filing will be dismissed summarily
in pre-trial motions. Since Federal Courts have exclusive jurisdiction over maritime matters,
all the easier for dismissal.

Respectfully,
Mike
 
Posts: 59 | Registered: 07-19-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
quote:
I can certainly say that from what I have seen in this season alone suffices to
invoke the provision of SUA for IMO to act, if and only if, they actually had a
complaintant, something the Japanese will likely not do. No one else has proper
and legal standing to initiate such an actionable cause before the IMO.


I am curious as to why you say is is unlikely Japan will complain to the IMO.
 
Posts: 709 | Registered: 06-05-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
quote:
Originally posted by Gizwinkus:
quote:
I can certainly say that from what I have seen in this season alone suffices to
invoke the provision of SUA for IMO to act, if and only if, they actually had a
complaintant, something the Japanese will likely not do. No one else has proper
and legal standing to initiate such an actionable cause before the IMO.


I am curious as to why you say is is unlikely Japan will complain to the IMO.


The M.O. of the Japanese government has to been to work quietly behind the scenes to
effect change or alliances in their favor. The Japanese have quietly built an alliance
of several nations at the IWC. Court actions and legal maneuverings have not been part
of their actions to date which is why I say it is "unlikely" instead of a more definite
"will not". This change but their course of action thus far has been moderately
successful since the last vote on whaling was narrowly defeated. They will try again
after more alliance building.

Respectfully,
Mike
 
Posts: 59 | Registered: 07-19-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
quote:
Originally posted by Esquire122:
quote:
Originally posted by Gizwinkus:
quote:
I can certainly say that from what I have seen in this season alone suffices to
invoke the provision of SUA for IMO to act, if and only if, they actually had a
complaintant, something the Japanese will likely not do. No one else has proper
and legal standing to initiate such an actionable cause before the IMO.


I am curious as to why you say is is unlikely Japan will complain to the IMO.


The M.O. of the Japanese government has to been to work quietly behind the scenes to
effect change or alliances in their favor. The Japanese have quietly built an alliance
of several nations at the IWC. Court actions and legal maneuverings have not been part
of their actions to date which is why I say it is "unlikely" instead of a more definite
"will not". This change but their course of action thus far has been moderately
successful since the last vote on whaling was narrowly defeated. They will try again
after more alliance building.

Respectfully,
Mike


I see. Thank you for your reply and your posts. I find them quite refreshing.
 
Posts: 709 | Registered: 06-05-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
Check out sagebrush57 topic Flares? Naughty naughty

The bottom link shows pictures that I believe will land the morons on the SS in jail. My suggestion to Captain Terrific and his merry band of cult followers is to start watching another reality show titled “Locked Up Abroad“. This may give you a clue as to what you may be in for after you are arrested. And yes my starry eyed anarchists you will be arrested. When you are in some h ll hole of a prison you can all cry to your mommies and ask the US government to intervene on your behalf. Now that would make a great show. Whiney Sea Sheppard eco terrorists not happy with food choices or their new cell BFF .
 
Posts: 167 | Registered: 06-20-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
quote:
Originally posted by USMC ORDNANCEMAN:
Actually, the whalers would take the SS to their own courts because the attacks by the SS were committed against their flagged ships. That's what international law allows.

The whalers would take the SS organization to US court as that is where they are incorporated. Along with AP and RIVR Media.


interesting i will look up more on this topic and confirm with my resources.

i think financial bankrupting this people is a good way to stop the eco-terrorist and their leader.
 
Posts: 85 | Registered: 08-01-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
thank you, Mike. what about civil court?

quote:
Originally posted by Esquire122:
quote:
Originally posted by MikeE1434:
Well SSCS would be taken to the IMO first of all.
AP and RIVR Media would be taken to an international court


You are correct on one and incorrect on another. The Whalers and
the SSCS would come under the International Maritime Organization
for any actions committed against member state flagged vessels.

Read the Provisions of the CONVENTION FOR THE SUPPRESSION OF UNLAWFUL
ACTS OF VIOLENCE AGAINST THE SAFETY OF MARITIME NAVIGATION (SUA CONVENTION)

"According to the provisions of the Convention, any person commits an
offense if that person unlawfully and intentionally commits, attempts to commit,
threatens to commit, or abets the seizure or exercise of control over a ship by
force or threat of force or any form of intimidation; or commits any of the
following acts if it endangers or is likely to endanger the safe navigation of
that ship: an act of violence against a person on board; destroying a ship or
damaging a ship or its cargo; placing or causing to be placed on a ship a device
or substance likely to destroy the ship or cause damage to the ship or its cargo;
destroying or seriously damaging maritime navigational facili-ties or seriously
interfering with their operation; or communicating information he knows to be false.
It is also an offense to injure or kill any person in connect

source: http://nti.org/e_research/offi...ry/pdfs/maritime.pdf

I can certainly say that from what I have seen in this season alone suffices to
invoke the provision of SUA for IMO to act, if and only if, they actually had a
complaintant, something the Japanese will likely not do. No one else has proper
and legal standing to initiate such an actionable cause before the IMO.

As to AP and RIVR Media, there is no cause of action there upon which relief could be
granted. Simply producing and broadcasting on a subject matter does not give rise
to a claim of right or justiciable action for review by the Courts. As they are
U.S. entities, they will be protected by the broad reach of the 1st Amendment, so well
entrenched in American Jurisprudence that such a filing will be dismissed summarily
in pre-trial motions. Since Federal Courts have exclusive jurisdiction over maritime matters,
all the easier for dismissal.

Respectfully,
Mike
 
Posts: 85 | Registered: 08-01-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
oh i think it will be so fun when they have a cross over: Whale War X Lockup Aboard.

imagine it will be so much to see the SI crew vs a bunch of ultra nationalistic yakuza in the prison.


quote:
Originally posted by SPIKE THE SEA SHEPHARD:
Check out sagebrush57 topic Flares? Naughty naughty

The bottom link shows pictures that I believe will land the morons on the SS in jail. My suggestion to Captain Terrific and his merry band of cult followers is to start watching another reality show titled “Locked Up Abroad“. This may give you a clue as to what you may be in for after you are arrested. And yes my starry eyed anarchists you will be arrested. When you are in some h ll hole of a prison you can all cry to your mommies and ask the US government to intervene on your behalf. Now that would make a great show. Whiney Sea Sheppard eco terrorists not happy with food choices or their new cell BFF .
 
Posts: 85 | Registered: 08-01-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
yes, they basically in essence trying to perform arson on the Japanese fleet.

first they toss flammable chemical on the ship, and then they follow up with shooting flare at the fleet.



quote:
Originally posted by SPIKE THE SEA SHEPHARD:
Check out sagebrush57 topic Flares? Naughty naughty

The bottom link shows pictures that I believe will land the morons on the SS in jail. My suggestion to Captain Terrific and his merry band of cult followers is to start watching another reality show titled “Locked Up Abroad“. This may give you a clue as to what you may be in for after you are arrested. And yes my starry eyed anarchists you will be arrested. When you are in some h ll hole of a prison you can all cry to your mommies and ask the US government to intervene on your behalf. Now that would make a great show. Whiney Sea Sheppard eco terrorists not happy with food choices or their new cell BFF .
 
Posts: 85 | Registered: 08-01-09Edit or Delete MessageReport This Post
Senior Member
Posted Hide Post
quote:
Originally posted by TORA TORA:
thank you, Mike. what about civil court?


I was speaking of Civil Courts. The IMO
has no jurisdiction in criminal matters as
prosecution for a crime against a criminal
defendant is an action brought on behalf
of a member state (country) whereas civil
actions are between individuals connected to
some civil wrong(a TORT) with the government acting as a neutral magistrate or court.

Respectfully,
Mike
 
Posts: 59 | Registered: 07-19-09Edit or Delete MessageReport This Post
Junior Member
Posted Hide Post
bump
 
Posts: 31 | Registered: 10-20-09Edit or Delete MessageReport This Post
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