[SaintessHeart]

Sea Shepherd Stinkbombs Ship
Sorry, couldn't resist the alliteration.

This is pretty bullshit. Both sides are at fault and none of them want to take responsibility. And to clarify some facts :

1. Butanoic acid is not harmful. Just don't be stupid and keep them away from your eyes, lips and sensitive areas.

Reason : Butanoic acid (C3H7COOH) is monoprotic (1 mole of that dissociates into 1 mole of RCOO- and 1 mole H+), has a pKa value of 4.82. At its pure state, its molar value is 10.9. Supposedly the pirates attack with 625ml glass bottles of that stuff in pure, the pH of the solution would be :

pH = pKa + log ([A-]/[HA]) = 4.82 + log (10.9 M x 0.625 dm^3) = 5.65

The neutral level of pH as set by pure water is 7.0, and battery acid, which can dissolve skin, has a pH close to 0. Coffee is between 4-5, orange juice is between 3-4. Use these as a gauge and see if they are really correct.

Wikipedia describes the acid as “corrosive to skin and mucous membranes, and hazardous to marine life.”

Yeah, at 0.0000000000001 ppm, butanoic acid can kill many fishes. And pepper spray can burn people too.

2. Sea Shepherd is not an UN recognised organisation nor a state, therefore, under the Law Of The Sea which quotes

All States enjoy the traditional freedoms of navigation, overflight, scientific research and fishing on the high seas; they are obliged to adopt, or cooperate with other States in adopting, measures to manage and conserve living resources;

They did not go through their state for such activities, thus under Article 101 where :

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).

and under Article 73 where

1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.

This took place in the Southern Ocean, and the AustralianNZ government should actually send their ships to help. If the place is outside of the 200 nautical mile limit, of course, this will be a private dispute because nothing in the entire bloody Part 13 of the UNLOS stated anything about research in international waters.

But SeaShepherd's acts are still considered piracy.

3. There is such a thing as the 1959 Antarctic Treaty, which Japan is a signatory (an an original too!).

Unless they don't meet the guidelines under Articles 61 - 65, Part V of the UNLOS, within the guidelines of Article 6 of the treaty

The provisions of the present Treaty shall apply to the area south of 60° South Latitude, including all ice shelves, but nothing in the present Treaty shall prejudice or in any way affect the rights, or the exercise of the rights, of any State under international law with regard to the high seas within that area.

Hatoyama will be required to go to a coffee session with the rest of the UN.

I doubt this will be solved anytime soon because under Article 59 of the Law Of The Sea :

In cases where this Convention does not attribute rights or jurisdiction to the coastal State or to other States within the exclusive economic zone, and a conflict arises between the interests of the coastal State and any other State or States, the conflict should be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole.

This means, despite all the words : Take it to the ICJ.