3

Jessica Spiegel, Senior Executive Editor of the Boston College International and Comparative Law Review, BOSTON COLLEGE INTERNATIONAL & COMPARATIVE LAW REVIEW, Volume 24, Number 409, Spring, 2001, p. 410.

Sharks first appeared on Earth 400 million years ago and, after 200 million years of evolutionary trial and error, they have maintained their position at the top of the marine food chain. Today, more than 350 species of sharks swim the planet, ranging in size from less than one foot long (dwarf shark) to fifty feet long (whale shark). Until recently, sharks were not a major target of commercial or recreational fisheries. In the last thirty years, however, the shark industry has boomed in such an unexpected and frantic manner that many shark populations recently have become severely threatened. Shark finning is one of the leading causes of shark deaths around the world because of the high market value of the fins used in shark-fin soup. Shark finning is the practice of removing the fins from a deceased shark and dumping its carcass back into the ocean, or slicing the fins off of a live shark and then leaving the helpless shark in the ocean to drown, starve to death, or be eaten by other predators. This latter practice appalls conservationists the most because sharks cannot swim without their fins and, therefore, a majority of them drown because they need to stay in motion to flush oxygen-rich water over their gills in order to breathe. If a shark is not dead when it is finned, it dies shortly thereafter when the rest of the fish is thrown back into the sea.

2. SHARK POPULATIONS WORLDWIDE DECLINING AT ALARMING RATES

Second, sharks are particularly vulnerable to overfishing because of their slow growth (it can take thirty years for a large shark to grow to maturity), late sexual maturity, and production of few offspring. These biological limitations severely affect the ability of sharks to replenish themselves. Shark populations in many areas worldwide already have declined in alarming rates because they can not keep up with the mass slaughtering of their species. For example, in North American waters, shark finning, of blue sharks in particular, promotes the extirpation of a stock about which there is very little information. This practice is extremely risky, given sharks' inability to replenish their populations as fast as they are being exterminated, and it is misguided to proceed on the assumption that blue sharks are immune to overfishing.

3. GLOBAL SHARK POPULATIONS ARE IN DECLINE BECAUSE OF FINNING

Romney Philpott, Candiate for the Juris Doctor degree at the University of Colorado School of Law, COLORADO JOURNAL OF INTERNATIONAL LAW AND POLICY, Volume 13, Number 445, Summer, 2002, p. 446.

Most scientists, however, believe global shark populations are in decline. Several populations of large coastal sharks in the Atlantic plummeted by seventy to ninety percent from the 1970s until 1993, and these populations "have yet to show signs of rebuilding." Worldwide, scientists believe that some shark populations have been reduced by ninety percent. One of the species scientists are particularly concerned about is the Great White Shark, which has great economic value, particularly to shark-finners and trophy collectors. Protection of Great Whites requires international efforts, because it is a highly migratory species, and individual Great Whites spend at least some of their lives in international waters. The Great White also poses an occasional, but notorious, threat to humans. This paper examines the effect of human fear on efforts to protect the Great White.

APPELLATE COURTS MAY SUBMIT A WRIT OF CERTIFICATION TO THE SUPREME COURT

David O’Brien, STORM CENTER: THE SUPREME COURT IN AMERICAN POLITICS, 1996, p. 195.

Although most cases now come as certiorari petitions, Congress provides the appellate courts may also submit a writ of certification to the Court, requesting the justices to clarify or “make more certain” a point of federal law. The Court receives only a handful of such cases each term. Congress also gave the Court the power to issue certain extraordinary writs, or orders. In a few cases, the Court may issue writs of mandamus and prohibition, ordering lower courts or public officials either to do something or to refrain from some action. In addition, the Court has the power to grant writs of habeas corpus (“produce the body”), enabling it to review cases by prisoners who claim that their constitutional rights have been violated and that they are unlawfully imprisoned.

FISHING SUBSIDIES ARE GOOD

SUCCESSFUL WTO ACTION ON FISHING SUBSIDIES SETS A PRECEDENT FOR SUSTAINABILITY—FAILURE DESTROYS WTO ENVIRONMENTAL CREDIBILITY

TURNING THE TIDE ON FISHING SUBSIDIES, p. 12.

Disciplining fishing subsidies presents challenges that are at once straightforward and complex, and achieving a positive outcome at the WTO will require both creativity and technical skill. Above all, however, WTO members will need the political commitment to embrace environmental and developmental interests among the WTO’s core clientele. Governments can do this without weakening traditional trade disciplines. And they can do it without overstepping the WTO’s legitimate authority. If governments succeed at seizing this first concrete “win-win-win” opportunity, they not only will make a lasting contribution to the health of the world’s marine ecosystems, but they also will set a precedent for a better balanced and more productive WTO. If governments fail, threats to the world’s fisheries will increase, and skeptics will have solid reason to believe that the WTO is incapable of living up to its promises—and its mandate—to make a real contribution to sustainable development and the stewardship of natural resources. Now is the time for the WTO to prove it really can help turn the tide on harmful fishing subsidies.

SUBSIDIES ARE KEY TO ENVIRONMENTALLY RESPONSIBLE FISHING

Ramon Franquesa, Lecturer in Ocean Economics at the University of Barcelona, June 2002, INDUSTRIAS PESQUERAS, http://www.industriaspesqueras.com/debate5.htm, date accessed May 20, 2003.

I believe that the budgets aimed at the fishing sector should be maintained and even increased, if necessary, but with a totally different destination. If there is overcapitalisation in the sector, most resources should be aimed at stimulating the sector’s adjustment to fishing possibilities. This involves reducing financial assistance to new buildings, modernisation, etc., and beginning to generously finance the withdrawal of fishing vessels and the development of fishing-related activities that may create richness and sustainable employment. Activities such as marketing, aquaculture, processing and treatment, sea leisure must be economically stimulated. Extracting activities must be reduced to the effective possibilities of resources. In my opinion, this is not about obliging anybody to stop fishing, but moving economic stimuli in a different direction. It is not enough with biological reports telling us that fishing effort must be reduced by 40%, we need economic plans that will help 40% of the fishermen (if that is the actual figure) to understand that they can earn a better living with another activity and to eventually move investments and employment towards this new activity

ENDING FISHING SUBSIDIES IS A RESOURCE MANAGEMENT POLICY

World Wildlife Fund, TURNING THE TIDE ON FISHING SUBSIDIES, October 14, 2002, p. 6.

Of course, none of this implies that the WTO should start managing the world’s oceans. Since the WTO was created, WWF has joined many other citizens groups in criticizing the negative impact WTO rules have on conservation and sustainable development. Such negative impacts occur when the WTO oversteps its jurisdiction and core competence by passing judgment on environmental laws and policies. The fishing subsidies issue is an opportunity for the WTO to play a part—but only its proper part—in the stewardship of a vital natural resource. As discussed below, this effort will require the WTO to form new formal relationships with other relevant institutions to cooperate on this issue.

THE "FISHING INDUSTRY" ISN'T A UNIFIED STRUCTURE THAT CAN BE UNDERMINED

Christophe A. G. Tulou, Executive Director of the Pew Oceans Commission, SOCIOECONOMIC PERSPECTIVES ON MARINE FISHERIES IN THE UNITED STATES, 2003, p.2.

These diverse ecosystems give rise to distinct differences in marine life, regional fisheries, cultures, and communities. Across the regions, fishermen employ a variety of different fishing gear and vessels to catch different species. The character of fishing operations runs the gamut from small, family-owned businesses to multi-national conglomerates. Fisheries range from the highly industrialized Alaska offshore pollock trawl fleets to the day-boat lobster fleets of Maine to the traditional indigenous salmon fisheries of Washington, Oregon, and California. American fishing communities range from truly remote fishery-dependent areas such as St. Paul Island, Alaska - where 85 percent of the tax revenues come from fishing - to communities closer to urban population centers with a more diversified economic base. Though fishing occurs off the shores of every U.S. coastal state, diversity is the defining characteristic of U.S. fisheries.

ESTABLISHING NO-TAKE RESERVES IS CRUCIAL FOR SUSTAINABLE FISHING

John B. Davis, Editor, MPA NEWS: INTERNATIONAL NEWS AND ANALYSIS ON MARINE PROTECTED AREAS, July 2002, p. 4.

The designation of no-take marine reserves may be necessary for sustaining fishery yields over the long term, due to their ability to preserve genetic variation in the expression of fish size and growth rates, according to a study published in the 5 July 2002 issue of the journal Science. In their lab-based research on populations of Atlantic silversides (Menidia menidia), David Conover and Stephan Munch of the State University of New York at Stony Brook (US) wrote that their selective harvest of larger fish — a strategy often employed in fisheries management through minimum-size restrictions — eventually resulted in a population of smaller, slower-growing individuals. It also brought a smaller overall yield, compared to other selective harvest strategies. The researchers argue that similar evolutionary forces are at work in the wild. Because fecundity increases with size, reserves may therefore be necessary to protect larger fish, thereby maintaining population productivity, they said.

INCREASING FEDERAL OCEANS PROTECTION ESCALATES EROSION OF STATES RIGHTS Robin Kundis Craig, Associate Professor of Law, Indiana University School of Law, J.D. 1996, Lewis & Clark Law School; Ph.D. 1993, University of California; NORTHWESTERN SCHOOL OF LAW OF LEWIS & CLARK COLLEGE, Winter, 2003, p. np.

Finally, water quality regulation in the seas should inspire inverse-SWANCC federalism considerations because of the long and strong history of the Supreme Court's support for federal jurisdiction over the ocean and coastal waters. Ironically, a more intense federal focus on protecting ocean water quality may expand the federal interests in upstream, state-based pollution, potentially providing the federal government with a nearly unassailable (at least as far as federalism issues are concerned) reason for more closely supervising point and nonpoint pollution currently under state control.

SHARK POPULATIONS ARE RAPIDLY DISAPPEARING

Dean Beeby, NQA, TORONTO STAR, January 17, 2003, p. A7.

More than half the populations of most shark species - including the hammerhead, white, tiger, thresher, blue and oceanic whitetip - have disappeared in the last eight to 15 years, the study found. Only the mako shark had a less precipitous drop. The hammerhead's numbers, for example, have plummeted by 89 per cent since 1986. White sharks have declined by 79 per cent in the same period, and have disappeared entirely from some of their haunts along North America's eastern seaboard. The culprits, say the researchers, are fishermen who aren't even looking for sharks. Rather, they bait as many as 1,000 hooks on a trailing line - known as a longline - to catch tuna and swordfish. But they accidentally snare and kill sharks as well. Sharks are notoriously difficult to count. They swim too fast to be caught in government research nets normally used to sample marine populations, and they range broadly across vast expanses of the northwest Atlantic.

ALTERNATIVES FOR SAVING FISH

GENETIC ENHACEMENTS CAN OFFSET THE RISK OF OVERFISHING
Kenneth Weiss, NQA, LOS ANGELES TIMES, May 14, 2003, p. 1.

Raising salmon on less food is an important advance. It now takes about 2 1/2 pounds of wild fish ground into meal to produce one pound of farmed salmon. For that reason, feeding salmon on those proliferating farms contributes to the overfishing that is rapidly depleting the world's oceans. Entis said genetically enhanced fish are needed to feed a growing global population. He believes the risk of the fish escaping can be all but eliminated by containing them in inland tanks. He also proposes to make them sterile.

DIFFERENT FEEDING TECHNIQUES PROMISE TO REDUCE OVERFISHING

Marcia Wood, NQA, AGRICULTURAL RESEARCH MAGAZINE, December 1, 2001, p. 4.

At fish geneticist Ken Overturf's lab, research is indeed coming along swimmingly. Overturf, perhaps for the first time, has pinpointed families of captive rainbow trout that thrive on grain. This development could be a boon not only for fish farmers, but also for the environment. That's because most of today's trout feed relies on protein-rich fishmeal produced from marine species like anchovy, menhaden, jack mackerel, or herring. But substituting grain for fishmeal could help reduce the threat of overfishing of these ocean resources. And since grain is a less expensive source of protein than fishmeal, grain-fed fish should be cheaper to raise. Today, feed is producers' biggest expense.

MAKAH DEPEND ON WHALING

the makah indian tribe depends on the ocean for food, tools and clothing

Robert J. Miller, Assistant Professor, Northwestern School of Law of Lewis & Clark College, EXERCISING CULTURAL SELF-DETERMINATION: THE MAKAH INDIAN TRIBE GOES WHALING, American Indian Law Review, Winter 2001, p. 170.

The Makah Indian Tribe is located on its reservation on the northwestern tip of Washington State at Cape Flattery. The reservation is bordered by the Pacific Ocean to the west, and to the north by the Strait of Juan de Fuca, which separates the United States from Canada. The Tribe has been located here for thousands of years and has primarily looked to the ocean as its "land" and for its food, tools and clothing. 9 The Makah were first and foremost "a seafaring people" who lived close to the shore, were expert at sailing their canoes on the open sea, and took their livelihood from the ocean.

WHALING KEY TO EXISTENCE OF MAKAH CULTURE

Robert Miller, Assistant Professor at Northwestern School of Law of Lewis & Clark College, AMERICAN INDIAN LAW REVIEW, Volume 25, Number 165, 2001, p. 270.

The nearly five-year campaign to restore whaling and the 1999 and 2000 whale hunts will also continue to play a very large role in helping the Makah to preserve their existence, their culture and their traditions as a separate people. Bringing their cultural traditions out of "storage" and exercising them will energize new generations of Makahs to preserve and practice these traditions. This anticipated effect is demonstrated by the beneficial cultural response that was caused by the explorations of the Tribe's whaling history at Ozette Village, the building of the tribal museum at Neah Bay to hold the Ozette discoveries and, for example, by the use of the skeletons of the whales landed in 1995 and 1999.

MAKAH WILL APPEAL 9^TH CIRCUIT DECISION TO THE SUPREME COURT

Hal Bernton, Seattle Times staff reporter, SEATTLE TIMES, December 21, 2001, p. A1.

The ruling also might have broader implications for the application of federal conservation laws to tribes that fish for salmon or rockfish under treaties, according to John Arum, an attorney for the Makah tribe. "It's a very devastating decision if it stands," Arum said. "I think this case has implications that go way beyond whaling." He said the decision runs outside the mainstream of 30 years of Native American law and that the tribe probably will seek a review by an 11-member panel of the 9th Circuit. The decision also might be appealed to the U.S. Supreme Court.

MAKAH DO AND DON’T HAVE THE RIGHT TO WHALE

ALASKAN TRIBES DO NOT HAVE THE RIGHT TO WHALE

Robert Miller, Assistant Professor at Northwestern School of Law of Lewis & Clark College, AMERICAN INDIAN LAW REVIEW, Volume 25, Number 165, 2001, p. 223.

These exemptions for Alaska Natives are significant in the federal Indian law arena and to any analysis of the protection the United States owes under its trust duty to Indian tribes on cultural issues. This is because Alaskan tribes never signed treaties with the United States and, hence, do not have treaty rights such as the Makah whaling rights and the numerous treaty rights of other American Indian tribes. Thus, the exemptions which allow Alaska Native hunting of otherwise protected species is based solely on a congressional decision under its trust responsibility and the self- determination policy to protect the cultural rights of Alaska Natives and is not based on treaty rights. Consequently, when the trust responsibility and self- determination policy is added to treaty rights Congress owes a tribe, such as the Makah, the incentive to support those cultural rights is even stronger than in the Alaska Native situation.

MAKAH ONLY TRIBE THAT HAS A RIGHT TO WHALE

Robert Miller, Assistant Professor at Northwestern School of Law of Lewis & Clark College, AMERICAN INDIAN LAW REVIEW, Volume 25, Number 165, 2001, p. 190.

The right to whale, which the Makah Tribe reserved in its 1855 treaty with the United States, is one of the primary reasons the federal government supported the Makah application to resume hunting gray whales in the 1990s. The Makah Tribe was well aware of the treaty negotiations that had gone on in the Washington Territory in 1854 with other tribes and they knew roughly what the United States wanted when its representative came to Neah Bay in January 1855. The Tribe was also well aware what it wanted to reserve in any treaty it might sign with the American government. Consequently, the Tribe bargained for and retained its cultural, economic and religious rights and interests in the ocean around its lands. Indeed, the Makah Tribe's treaty of January 31, 1855 is the only Indian treaty with the United States that reserves to a tribe the right to whale. Thus, an understanding of the treaty is very significant to any discussion of Makah whaling rights.

GRAY WHALES ARE AND AREN’T THREATENED

GRAY WHALES RECOVERING FROM BEING ON THE BRINK OF EXTINCTION

Niels Nokkentved, Outdoors Reporter, THE OLYMPIAN, March 26, 2002, p. 8B.

Since Calambokidis began studying them, gray whales have continued to recover from near extinction. The whales were on the original list of endangered species when it was enacted in 1973. Whalers began hunting gray whales in the mid-1800 and stopped about 1880. Whaling resumed in 1914. By 1946, they were on the brink of extinction. They were granted protection - with some exceptions.

EASTERN PACIFIC GRAY WHALE AN ECOLOGICAL SUCCESS STORY

Patti Epler, Reporter for the Phoenix New Times, KANSAS CITY PITCH WEEKLY, December 20, 2001, p. np.

The latest report continues to put the total number of Eastern Pacific gray whales at more than 26,000, an ecological success story considering that in the 1930s the population had dropped to fewer than 8,000, and the whales were put on the U.S. endangered species list in 1970. In 1937, the gray whales were protected from commercial hunting by international agreement, a ban that was formalized in 1946 with the advent of the IWC.

GRAY WHALE POPULATION THREATENED BY HUNTING

Eric Sorensen, Seattle Times science reporter, THE SEATTLE TIMES, May 18, 2002, p. A1.

The population of Eastern North Pacific gray whales has dropped in the past four years from an estimated high of more than 26,000 to less than 18,000, alarming environmentalists but drawing no major concern from federal scientists who monitor the once-endangered whales. Environmentalists see the drop as a sign that the whale's population is still threatened by hunting, pollution, climate change and dwindling food supplies. "If these numbers are correct, it's a very dramatic, very sharp decline in a short time period," said Michael Markarian, executive vice president of the Fund for Animals, which was in federal court this week, trying to stop the Makah tribe from hunting the whales.

SHARK FINNING IS A SERIOUS PROBLEM

FINNING HAS ALREADY EXTERMINATED CERTAIN SPECIES OF SHARKS

Florida has the largest and most active commercial shark fishery of any Atlantic or Gulf coastal state, and accounted for 4.8 million pounds (round weight), or 48%, of the commercial landings in 1996. Other major

shark-fishing states include North Carolina (ranked second), Louisiana (third), and New Jersey (fourth), all with commercial landings over 500,000 pounds (round weight). Together, they accounted for 40% of the 1996 landings. Texas, South Carolina, Maine, and Virginia have moderately large commercial shark fisheries and, combined, contributed 8% of the landings. The remaining ten Atlantic states combined accounted for only 4% of the 1996 landings. Most of the New England states, except for Maine and Massachusetts, have minor shark fisheries. Despite its comparatively small shark fishery, the Massachusetts' commercial fishery single-handedly leads the extermination of the spiny dogfish, a small and slow-growing coastal shark.

LOSS OF ONE SHARK OF ANY SPECIES HAS ENORMOUS AFFECT ON ENTIRE POPULATION

PENN STATE ENVIRONMENTAL LAW REVIEW, Volume 10, Number 13, Fall, 2001, p. 20.

With regard to their reproductive capacity, sharks have been considered to be similar to marine mammals and large land mammals. Therefore, since sharks cannot reproduce like bony fish, the loss of one shark of any species will have an enormous affect on the population of that species. Gregor Cailliet of Moss Landing Marine Laboratories has stated that "top predators (like sharks) are not used to mortality threats and (therefore) do not respond rapidly."

GREAT WHITE ATTACK VICTIMS HAVE BECOME ADVOCATES FOR THEIR PROTECTION

Romney Philpott, Candiate for the Juris Doctor degree at the University of Colorado School of Law, COLORADO JOURNAL OF INTERNATIONAL LAW AND POLICY, Volume 13, Number 445, Summer, 2002, p. 471.

On an optimistic note, victims who survive an attack by Great Whites often become advocates for their preservation. The best example of this is Australian Rodney Fox. A Great White attacked Fox during a spearfishing tournament with such violence that Fox required 462 stitches. Since the attack, Fox has dedicated his life to studying and protecting the Great White, and is one of the pre-eminent voices in Great White conservation. Likewise, the sponsor of AB 522 received a letter of support for the bill from a surfer who had been mauled by a Great White. If people who have actually been attacked by Great Whites can overcome their fear and support conservation, surely the rest of us can.

HUNDRED MILLION SHARKS KILLED EACH YEAR BY HUMANS, WHILE SHARKS KILL ONLY FIFTY

PENN STATE ENVIRONMENTAL LAW REVIEW, Volume 10, Number 13, Fall, 2001, p. 15.

The exact number of sharks that humans actually kill each year is not known. The United Nations Fishery and Agriculture Organization (UN/FAO) has released figures stating that humans kill approximately twelve million sharks annually. Other accepted estimates range as high as one hundred million sharks killed each year by humans. Sharks, however, on average attack only fifty humans a year worldwide and kill only six.

AFRICA IS IMPOSING A BAN ON SHARK FINNING

South Africa recently has declared the great white shark a protected species and has imposed a ban on fishing them and selling their jaws and other parts. The law does not expressly prohibit finning, although "other parts" could be interpreted to ban selling of shark fins. In addition, the recent report of The Shark Trade in Mainland Tanzania

and Zanzibar formally has called on Tanzania to impose strict controls on shark fishing, including finning.

FLORIDA’S OCEAN WATERS ARE GOOD

FLORIDA’S OCEAN WATERS ARE UNDER INCREASING THREAT WITHOUT A COORDINATED, ECOSYSTEM-BASED APPROACH

Lenore Alpert, President of the Florida Ocean Alliance, 2002 STATE OF FLORIDA’S OCEANS, Accessed May 28, 2003,

http://www.floridaoceanalliance.org/documents/FOA%20State%20of%20Florida%20Ocean%20-%20Executive%20Summary.pdf, p. 1.

Florida faces intense pressures because of increased development and the concomitant demand on ocean and coastal resources. We must develop policies and programs supporting efforts that include an ecosystem approach, focused research, increased public/private partnerships, and committed effort to educate Floridians about the ocean’s importance.

FLORIDA COULD SOON SEE MILLIONS OF GALLONS OF POLLUTION DUMPED IN THEIR WATERS BY THE GOVERNMENT

Jerry Maygarden, NQA, PENSACOLA NEWS JOURNAL, March 30, 2003, p. A16.

At this very moment, the state of Florida is actively seeking an emergency federal permit to dump millions of gallons of polluted water from a bankrupt phosphate plant into the Gulf of Mexico. Under the state plan for ocean dumping, the water will be treated and loaded onto barges for delivery to a watery grave. One plan would dump the water off the coast of St. Petersburg Beach; another would dribble the water continuously between Florida and New Orleans. For crying out loud! When will we ever learn? Florida should rethink this simple-minded methodology for ridding the Tampa Bay area of a potential hazard. Does it make sense to dispose of this pollution in a body of water surrounded by numerous nations that depend on it for food and recreation?

HAWAII OCEAN ISSUES

BEST STUDY CONFIRMS POLLUTION IS DESTROYING HAWAII’S MARINE ECOSYSTEMS

Frank Bridgewater, Editor, HONOLULU STAR-BULLETIN, August 28, 2002, p. np, Accessed May 28, 2003, http://starbulletin.com/2002/08/28/editorial/editorials.html.

The five-year survey, conducted in about 60 countries, counters the commercial fishing industry's contention that damage to the ocean ecosystem isn't due to its harvesting, but primarily to pollution, near-shore development and poor fishery management. Although pollutants and increased sediments from runoff also contribute, the study points the finger directly at overfishing. At least four species hunted for food or aquariums are on the verge of extinction. When species that normally keep algae growth in check decrease, the algae smothers coral and kills entire reefs, damaging biodiversity and sending ripples through the ocean environment.

CURRENT PROTECTIONS SOLVE HAWAIIAN CORAL PROBLEMS

Jan TenBruggencate, Science Writer, THE HONOLULU ADVERTISER, January 23, 2003 , p. 1B.

Members of the advisory council for the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve tried to argue that the sanctuary process should simply adopt protections already in place, but at a Waikiki, meeting yesterday they failed to convince people who ultimately control the process. A key to the process is understanding the difference between the coral reef reserve and a national marine sanctuary.

CURRENT OCEAN POLICIES ARE WEAK

CURRENT OCEAN POLICY IS INADEQUATE

Kate Naughten, press director of the U.S. Commission on Ocean Policy, “Serious Trouble for Our Oceans,” September 24, 2002, U.S. Commission on Ocean Policy Webpage, Accessed May 7, 2003, http://oceancommission.gov/newsnotices/sep24_02.html

Management of coastal areas is inadequate. Dramatic increases in population and pollution along shorelines clearly indicate that the nation’s capability to manage our coasts is inadequate and yet more critical today than it was 30 years ago when Congress enacted the Coastal Zone Management Act … but what would be required to enhance that capability? The depletion of fish stocks continues. Marine fishery management has an uneven, and often poor, record. Scientific advice has been ignored all too often at the expense of fisheries and the long-term sustainability of the fishing industry. Reform is needed . . . but what kind?

total ocean expenditures are only half of 1 percent of the u.s. budget

Judith Kildow, USC Wrigley Institute for Environmental Studies, Federal Marine Expenditures, 1970-2000, National Ocean Economics Project at USC, March 6 2003, p. np, accessed 5/29/03 <http://biology.usc.edu/NOEP/Data/federal_expenditures.html>.

The raw budget numbers are aggregated and converted to constant year 2000 dollars. A series of graphs illustrates the results. Federal marine expenditures from 1970 to 2000 have been fairly constant around $100 billion per year. Of this, about 80% is Navy expenditures and another 12% is the Marines. The Coast Guard accounts for 4%, and other civilian expenditures make up the remaining 4%. The total federal marine expenditures accounted for about 12% of the total federal budget in 1970. This percentage dropped to just over 5% by 2000. Civilian federal marine expenditures accounted for as much as 1.5% of the total federal budget in the early 1970s; this fraction decreased to about 0.5 percent in the late 1990s.

Dolphins and Sea Lions

THE RESILIENCE OF DOLPHINS WILL NOT HOLD OUT FOR MUCH LONGER

GREENWIRE, May 28, 2003, p. np.

The scientists say cetacean species have so far withstood human activities that drive species to extinction. But their resilience may not hold out for much longer. The action plan, the third in a series by cetacean specialists at IUCN, states that there may be no more than a few dozen Yangtze dolphins in existence. "It seems unlikely that the baiji will still be around when the next new action plan is formulated eight or 10 years from now," said Perrin, who has worked on previous IUCN reports.

THE SEA LION IS ONE OF THE MOST APPEALING ENDANGERED SPECIES

Shi-Ling Hsu, Professor of Law at the George Washington University Law School, HARVARD ENVIRONMENTAL LAW REVIEW, Volume 26, Number 33, 2002, p. 51.

The ESA has galvanized environmentalists, most of whom believe in the importance of the ESA and perhaps the need to strengthen it. Environmentalists have rallied around the ESA for several reasons. First, the ESA taps into a

fairly widespread belief that the present generation owes a duty to future generations to leave them the same ecological quality that currently exists. Environmentalists have apparently convinced the American public, at least abstractly, of the idea that preserving biological diversity is a critical component of ecological quality and that the ESA is necessary in accomplishing this. Second, the ESA taps into another widespread belief of the American public that humankind has an ethical duty to other species, particularly when it has the power to extinguish them so easily. The ESA recognizes the need to constrain that power. Finally, the ESA has protected species that have great aesthetic appeal, and environmentalists have paraded the most appealing endangered species before the American public to engender sympathy that translates into political support. These species include the manatee, sea lion, bald eagle, and Florida panther, and have been pejoratively dubbed "charismatic megafauna," referring to their size and attractiveness.

STELLAR SEA LIONS ARE THREATENED AND DECLINING

ANCHORAGE DAILY NEWS, May 19, 2002, p. A1.

Steller sea lions: prey Largest of the eared seals Length: Males 11 feet; females 9 feet Weight: Males, 1,250 pounds; females 580 pounds Behavior: Gregarious. Gather on haulouts and rookeriesprimarily in coastal watersto eat fish, squid and shrimp. Distribution: Coastal waters from California to the Aleutians Islands Status: Threatened and declining.

GLOBAL WARMING AND THE LONDON DUMPING CONVENTION

gEvidence of global warming exists in Canada

Tore Brevik, United Nations Environmental Programme spokesperson and director of communications and public information, “Explorers in Antarctica Find Fresh Evidence of Global Warming,” UNEP PRESS RELEASE, February 2001, p. np. Accessed May 31, 2003, http://www.unep.org/gc_21st/nr2001-19.doc

David Anderson, President of the 21st session of UNEP's Governing Council taking place in Nairobi, Kenya, and Canada's environment Minister, echoed Mr Toepfer's remarks. "As a circumpolar country, we in Canada are acutely aware of the impact of climate change. In Canada's north, we are seeing dramatic changes that effect permafrost and sea ice, the latter of which has major implications for species on which the traditional Inuit life depends, such as polar bears and seals. This, in turn, has an impact on the traditional lifestyles of our Northern peoples. For Canada, this underscores the urgent need to take action on climate change. We are taking action domestically, but we need awareness and movement on the international front as well.

the london dumping convention ensures all pollutants are neutralized

Eric V. Hull, Barry University, Dwayne O. Andreas School of Law, Barry Law Review, Fall 2002, p. 71.

Today the intentional dumping of wastes into the ocean from vessels is primarily governed by rules promulgated under the London Dumping Convention. 92 Under the provisions of this Convention, signatory nations agreed to prohibit the discharge of pollutants into ocean waters unless the pollutants are rapidly rendered harmless by physical, chemical or biological processes in the sea. The act specifies that the dumping must not "make edible marine organisms unpalatable...or endanger human health or that of domestic animals...." Annex I of the convention proscribes the dumping of toxic pollutants including bio-accumulative substances such as organohalogen compounds, mercury and mercury compounds, cadmium and cadmium compounds into the ocean.

TRADE ORGANIZATIONS WORKING TO RESOLVE DISPUTES

LATIN AMERICA IS WORKING TO RESOLVE TRADE DISPUTES WITH THE U.S.

CARIBBEAN & CENTRAL AMERICA REPORT, May 6, 2003, np.

Central American countries want the US to reduce agricultural protectionism: US sugar and textile industries are fighting to prevent the abolition of tariffs. The presidents also appealed to Bush to put the US back into the International Coffee Organisation (ICO) in order to help confront the global coffee crisis which has been felt so acutely in the sub-region.

THE WTO IS THE FORUM FOR ENVIRONMENTAL TRADE DISPUTES

John Barlow Et al, professor of law, “Public International Law,” THE INTERNATIONAL LAWYER, Summer 2002, np.

At the World Trade Organization, Members both prepared for and launched new global trade talks on a broad range of issues, including the environment, at the fourth Ministerial Conference in Doha, Qatar. Significant developments took place in sector-specific negotiations, under the WTO dispute settlement procedures, and in the Committee on Trade and Environment.

ECO TOURISM

USAID HAS ENDORSED PARTICIPATORY DEMOCRACY IN ITS PROJECTS

The United States Agency for International Development (USAID), “USAID & the Environment:

What We Do: Promoting Sustainable Natural Resource Management,” USAID ONLINE, No date, p. np., accessed May 29, 2003, http://www.usaid.gov/environment/promsust.html

In Tanzania, USAID’s environment program has assisted the government in strengthening wildlife institutions’ ability to strategically plan and address degradation issues in and around game reserves where population pressures are serious. These efforts resulted in the completion of an assessment, both internal and external, of the economic opportunities available within the wildlife sector. Other Agency efforts in Tanzania, under the coastal resources management program (CRM II), launched the nation’s national coastal policy initiative, a pioneering effort in East Africa that is shaping regional dialogue. Using a participatory democracy approach, the program works with local communities to identify issues impacting coastal management policy and preservation and provides training on better management of coastal resources.

ECONOMY CARD

Consumer spending is key to avoiding recession

Michael Kanell, NQA, Atlanta Journal and Constitution, September 14, 2002, p. 1F.

With business investment still moribund, the languid economic recovery is almost totally dependent on consumers. So the disconnect between confidence and spending is critical, because a consumer collapse would likely spin the economy into another recession -- a double-dip.

JAPAN COUNTERPLAN EVIDENCE

U.S. AND JAPAN USE COMPETING STRATEGIES FOR ASSISTANCE, MAKING THEM MUTUALLY EXCLUSIVE

Thana Poopat, staff writer, “SE Asia Must Toss Between Japan and US,” THEN NATION (THAILAND), July 31, 1999, p. np.

Shiraishi stressed that the crisis marked a historical turning point in the evolution of the postwar regional structure, because it made it abundantly clear that Japan and the US had engaged Asian economic dynamism differently, leading to divergence in Japanese and US interests in the region. "This divergence was starkly demonstrated during the crisis. While Japan drove Asian economic dynamism with its direct investment, government aid and market-opening measures, the US rode on it with its short-term investments," he said. Shiraishi explained that this was due to changes in the nature of the US economy and welfare. "With the great majority of Americans investing their savings in stock and bond markets in the US and abroad, US national interests are now primarily defined in financial terms and are deeply embedded in the US stock market, hovering high in the stratosphere."

U.S. AND JAPAN USE COMPETING STRATEGIES FOR ASSISTANCE, MAKING THEM MUTUALLY EXCLUSIVE

THE NATION (THAILAND), “Many Voices But One Mission,” August 2, 1999, p. np.
"Asia: back to what basics?" asked Prof Takashi Shiraishi from Kyoto University. He said the choice for the crisis-hit Southeast Asian countries in their process of recovery lies not just at home but also in deciding which of the two dominant economic superpowers to follow -- Japan or the United States. This, he said, is part of the struggle for hegemony between the two countries. The crucial decision would not only direct the course of recovery for Southeast Asia but also ultimately tie its fortunes with either Japan or the US. Dr Cho Khong from London-based Shell International provided scenarios on the future for Asia through a looking glass at a special dinner talk on Thursday night. He said Asia will emerge from the crisis under two possible scenarios -- one based on a rather chaotic "people's power" or under "the new game" of rules-based stability. "Asia is at a transition point. There is no turning back to the past but we must move to the future," he said.

U.S.-JAPAN JOINT LEADERSHIP WILL BE DETRIMENTAL AND WILL FAIL

Hideo Sato, former professor of international political economy at the University of Tsukuba in Japan, “Japan’s Role in the Post Cold War World,” CURRENT HISTORY, April 1991, p. 146.

But the shift to a joint leadership system will not be easy. The United States would have to reject hegemony and refrain from projecting its own foreign policy onto the rest of the world. It would also have to consult and coordinate closely with key countries when making decisions that concern others. Of course, the other members of the joint leadership system would have to be more willing to share burdens and responsibilities, making necessary policy changes despite domestic opposition. Japan would be no exception.

JAPAN COUNTERPLAN EVIDENCE CONTINUED

CULTURAL FACTORS PREVENT EFFECTIVE COOPERATION

Karen M. Holgerson, professor at Pasadena City College, THE JAPAN-US TRADE FRICTION DILEMMA, 1998, p. 257.

Chapter Three offered an interpretative essay on the ways in which cultural factors have shaped American and Japanese national life, normative values, and behavioral patterns. It was shown how these cultural differences fostered uniquely American and Japanese approaches to work-related activities as well as uniquely American and Japanese styles of communication, decision-making, and negotiation. Such differences have fostered and supported the evolution of institutional, structural, and sectoral issues of bilateral trade contention. They continue to complicate and impede American and Japanese communication and negotiation processes and bilateral efforts at finding mutually acceptable solutions and compromises.

ONLY THE COUNTERPLAN, AND NOT THE PERMUTATION, CAN BOOST JAPANESE LEADERSHIP IN THE AREA OF OCEAN POLICY

Maddock T. Rowland, senior lecturer in the department of international politics at the University of Wales in Aberystwyth, “Japan and Global Environmental Leadership,” JOURNAL OF NORTHEAST ASIAN STUDIES, Winter 1994, volume 13, issue 4, p. np.

Knowledge of superior strategies does not of itself guarantee that they will in fact be pursued. Indeed a central problem in international political economy is the fact of, and therefore how to overcome, structural limitations to cooperation. Effective leadership therefore requires more than the articulation of a superior set of paradigms, norms, or calculations. It requires also the expenditure of real resources to translate superior possibilities into actual collective strategies. Leaders must therefore be able to transform the structural constraints and opportunities facing actual or potential followers[18] through economic plenitude, technological dynamism, or organizational innovation. The transfer of wealth, technology, and entrepreneurial skills is costly, and structural as opposed to purely cognitive leaders must be in a position to transmute structural power into bargaining leverage. This is most easily achieved if the leader can generate and mobilize a surplus beyond the immediate and legitimate demands of domestic society. (Authoritarian governments may and have squeezed a leadership surplus by holding down welfare, but in the long term this road to leadership must undermine the effectiveness of the demonstration effect.) The surplus not only facilitates the mobilization of domestic resources for foreign policy purposes, but enables the gains that derive from collective decisions to be distributed in proportions quite different from initial distributions. The exercise of structural power may take the form of a reward for cooperation or a penalty for noncooperation; access to or denial of markets, aid, technology, or innovation. It is especially critical for the supply of international public goods such as the environment where the incentive to defect is particularly pervasive.

THE JAPAN COUNTERPLAN SOLVES BETTER THAN THE AFFIRMATIVE PLAN

1. ASIAN COUNTRIES RESENT WESTERN INFLUENCE AND WON’T LOOK TO THE U.S.

Takayuki Kumura, Japanese Ambassador to Jordan, THE PROCESS OF JAPANESE FOREIGN POLICY, 1995, p. 44.

This recent economic growth has given the leaders and the peoples of Asia confidence in their future. They now believe that history is on their side. The past economic record proves their policies were right. The threat of communist insurgency is gone and the communist theory of political domination through foreign capital was not borne out. Many Asian leaders believe that the ‘Asian way’ works better in that part of the world for economic development and political order. They are critical of ‘the breakdown of civil society’ in the West and are firm in maintaining ‘Asian values’ in their countries. This is partly a reflection of their fear of social instability associated with unchecked modernization. However, the belief that economic development should come before political development, that economic success will lead to political progress, is widely shared in the region. Thus faith in the ‘Asian way’ is shared by most leaders of the region, with Singapore’s Lee Kuan Yew and Mahatir being its most vocal supporters. The excessive confidence and nationalistic pride of Asian leaders have not been satisfied by the attitude of the West, especially of the United States. They feel that though East Asian economies are growing as large as those of North America or Europe, the United States does not treat Asia with the same respect as it does Europe. They feel they are treated as people with inferior values who need to be taught Western values. The US government has repeatedly spoken out about human rights, citing extreme violations, but has seldom acknowledged that there might be an Asian way which could work better in the present Asian context.

2. ASIA PREFERS JAPANESE ACTION

Ezra Vogel, national intelligence officer for East Asia and the Pacific at the National Intelligence Agency, THE UNITED STATES, JAPAN AND ASIA: CHALLENGES FOR U.S. POLICY, 1994, p. 159.

Now, some argue that Japan should return to its Asian roots. Study groups on Asia have recently expanded, and Asian specialists within the government have begun to challenge the dominance of the Western specialists. Many Japanese business leaders now feel more comfortable dealing with Asians than with Westerners. When Europe or America show signs of protectionism, Japanese leaders seek to ally with Asian leaders against their Western counterparts. When Westerners talk of European and North American economic blocs, some Japanese talk of Asian blocs. When the United States beings imposing its version of human rights on Asian nations, Japanese find kindred souls among other Asian leaders who have a different set of priorities. Japanese leaders are more prepared to work with other Asian nations with which the United States has human rights quarrels: China, Vietnam, and even Myanmar.

3. JAPAN IS UNIQUELY SUITED TO SOLVE OCEAN POLLUTION PROBLEMS

DEUTSCHE PRESSE-AGENTUR, “Japan, Malaysia to Check Pollution in Malacca Strait,” February 18, 1998, p. np.

Experts from Japan and Malaysia will conduct a survey on marine pollution in May in the Strait of Malacca between Malaysia and the Indonesian island of Sumatra to check environmental damage caused in part by spills of oil and heavy metals, the Japan International Cooperation Agency (JICA) announced Wednesday.
Scientists from Japan's Kagoshima University and the University of Putra Malaysia are to take part in the survey. The survey is aimed at collecting basic environmental data and drawing up guidelines for the preservation of the environment of the strait, the officials added. The experts will study the ecological system of coral and fishery resources and pollution caused by spills of heavy metals, agricultural chemicals and oil, they said.

JAPAN IS SUPERIOR FOR OCEAN POLICY

1. JAPAN CAN SOLVE OCEAN-RELATED PROBLEMS

Charles Overby, professor at Ohio University, “A Quest for Peace,” JAPAN QUARTERLY, April/June 1994, p. 155.

There are many alternative service activities requiring no military force that can be taken by an economically powerful conscientious affirmation nation to promote peace and justice. For example, Japan might experiment with and practice preventive diplomacy and reconciliation as did Norway in the summer of 1993 when it brought together the Palestinians and Israelis for mutual discussions. Or Japan might allocate more of its resources to (1) overcome world hunger and poverty; (2) defuse the population bomb; (3) preserve natural resources and reduce environmental degradation; (4) design, manufacture, and market “green technology” to aid environmental efforts; (5) reduce human rights violations; (6) reduce nuclear arsenals; (7) stop international trade in conventional weapons; (8) cope with massive refugee problems; (9) assist sustainable economic development; and (10) educate for nonviolent action and conflict resolution.

2. JAPAN HAS THE ABILITY TO TRAIN OTHERS IN ANTI-PIRACY TECHNIQUES

Santo Darmosumarto, analyst of Southeast Asian security issues, “Japan Offers Counter-Piracy Program,” THE JAKARTA POST, April 5, 2000, p. np.

Japanese Prime Minister Keizo Obuchi revealed the proposal at a regional summit in Manila last year, where it received positive responses from countries in the Association of Southeast Asian Nations (ASEAN). Some even claim that the idea may have originally come from Indonesian President Abdurrahman Wahid, whose archipelagic country hosts the highest number of piracy attacks in the world. Yet officials either in Jakarta or Tokyo have not confirmed this. Despite viewing it as an important foreign policy item, Japan intends on keeping a low profile on the issue for fear of raising alarm over the possibility of increased Japanese involvement in regional security. Further discussions on the proposal are set for late April in Tokyo. Japan's suggestion comes at an opportune time as piracy statistics continue to rise and coordinated relief efforts among Asian governments remain severely lacking.

3. JAPAN HAS THE ABILITY TO TRAIN OTHERS IN ANTI-PIRACY TECHNIQUES
Santo Darmosumarto, analyst of Southeast Asian security issues, “Japan Offers Counter-Piracy Program,” THE JAKARTA POST, April 5, 2000, p. np.
The IMB claims that piracy trends have demonstrated record levels of violence, with more sailors murdered, injured or taken hostage during attacks. Sustained levels of piracy threaten not only merchant sailors' lives, but also, as experts have elaborated, the region's trade patterns and marine environment.
Japan's proposal follows the 1995 National Defense Program Outline (NDPO), which envisages an increased military role in responding to unconventional security threats such as natural disasters, terrorism and maritime piracy. And to meet this new challenge, the NDPO also addresses the need to develop more streamlined, efficient and flexible maritime capabilities.

4. JAPAN HAS SOPHISTICATED ANTI-PIRACY TECHNOLOGY
Santo Darmosumarto, analyst of Southeast Asian security issues, “Japan Offers Counter-Piracy Program,” THE JAKARTA POST, April 5, 2000, p. np.
To get around the problem, Tokyo has suggested that its participation be limited to its coast guards and the Maritime Safety Agency (JMSA), which exists outside of Japan's military structure. The capacity of the 12,000-strong JMSA, however, should not be easily underestimated, as it is well equipped with fast, high-tech coastal and offshore vessels. Additionally, its maritime surveillance capabilities, which consist of sophisticated helicopters and planes, probably dwarves even those employed by some navies in the region. Transition toward an expanded scope should not pose a seriously difficult challenge considering the agency's successful role in securing Japan's territorial waters from piracy and other forms of unconventional maritime threats. Warm responses from ASEAN members, especially Indonesia, Malaysia and Singapore, probably spring from a realization of the severity of Asia- Pacific piracy problem. These three countries recognize the merit of joint counter-piracy operations because they have carried out similar efforts in the Malacca Strait with relative success.

JAPAN HELPS ON FISH PROBLEMS

1. JAPANESE AID HELPS OTHER COUNTRIES FISH PROBLEMS

XINHUA NEWS AGENCY, “Japan Gives Loan to Sri Lanka’s Fishing Industry,” October 7, 1998, p. np.

The japanese government will grant 5.68 million u.s. dollars for the development of the sri lankan fishing industry, the official newspaper daily news reported wednesday. This is a sequel to fisheries and aquatic resources development minister m. rajapakse's recent visit to japan to seek its expertise and technology to develop sri lanka's fishing sector. Rajapakse tuesday evening told the paper that part of these funds would be spent on a project to develop the fisheries harbor at tangalle on the country's southern coast. The project envisages upgrading the existing harbor facilities and adding new features such as a supermarket, hostel, fuel and cold room facilities, the report quoted the minister as saying. a specialized training program will also be inaugurated with these funds for local fishermen soon, Rajapakse said. He was hopeful that japan would increase assistance to sri lanka, the minister said, adding that a fisheries cooperative society in japan had agreed to provide a two-year training course for sri lanka's fishermen in handling modern equipment.

2. JAPAN SOLVES FOR FISHERIES PROBLEMS

Micheline Beaudry-Somcynsky, Senior Adviser on Relations with Japan and Other Asian Donors with the Canadian International Development, and Chris Cook, works in the Asia Branch of the Canadian International Development Agency, JAPAN’S SYSTEM OF OFFICIAL DEVELOPMENT ASSISTANCE: PROFILES FOR PARTNERSHIP, September 1999, http://www.idrc.ca/books/focus/883/04-chp03.html

Grant aid for fisheries is intended to foster the development of fishing industries in developing countries. This type of aid funds construction of fishery-training and research centres, fishery-training ships, fishing ports, other facilities, and materials and equipment to promote fisheries in developing countries. Grant aid for fisheries received 10 billion JPY (8.2 million USD) from the grant-aid budget in fiscal year 1997 (of the total grant-aid budget). (See Appendix B10 for the procedure for implementing grant aid for fisheries.)

3. JAPAN CAN SOLVE FISHERIES PROBLEMS

Hironobu Hashiguchi, senior general manager of the Technology Group and Chair of the Marine Development Board of the Japan Federation of Economic Organizations, “The Grand Plan of Our Oceans for the 21^st Century,” SHIP & OCEAN NEWSLETTER, August 20, 2000, Institute for Ocean Policy, SOF, Webpage, Accessed April 23, 2003, http://www.sof.or.jp/english/letter/ssp.pdf, p. 3.

If the area in which this fishing industry is cultivated could be extended to the full 200-mile limit of the EEZ, fisheries resources could be used as a renewable resource, leading to a significant increase in the volume of resources. This development would also contribute significantly to the solution of Japan’s food supply problem, as well as the problem of feeding the earth’s swelling population. Thanks to recent technological developments, the technology required to fix large-scale structures in remote-sea locations is being established. Moreover, renewable energy sources such as solar and wave power can be used to enrich sources of nutrients. By raising clean, cold water from the ocean depths to the surface, new fishing grounds can be formed.

JAPAN CAN SOLVE WHALING ISSUES

1. STOPPING WHALE HUNTING WILL IMPROVE JAPANESE IMAGE TO OTHER NATIONS

THE YOMIURI SHIMBUN, “Japan-U.S. Whaling Dispute Simmers,” 2000, http://www.usagainstwhaling.org/japan.htm

When U.S. Secretary of State Madeleine Albright met Foreign Minister Yohei Kono late last month, she hinted at the United States imposing sanctions on Japan and called for a halt to Tokyo's so-called experimental whaling. Some fear the issue may trigger a new conflict between the two nations. According to the Fisheries Agency, Japan will catch 10 sperm whales and 50 Bryde's whales in addition to the 100 minke whales that it has been catching for research purposes in the northwestern Pacific Ocean for the last six years. It will be the first time in 13 years that sperm and Bryde's whales have been caught. Six whaling vessels left for the Pacific on July 29. The agency expanded the types of whales to be caught after fishing industry experts pointed out that sperm whale numbers had increased and supplies of the fish that they feed on had fallen as a result. The agency decided to expand the range of whales to be caught to conduct research on the whale's habitat, assist the nation's fishing industry by estimating the numbers of each type of whale in the Sea of Japan and neighboring areas, and conduct general research on the ecosystem of whales. The United States and Europe oppose this policy and have expressed serious concern over the matter. According to the Foreign Ministry, after Japan reported its plan to expand research-purpose whaling in mid-April to the International Whaling Commission, several countries protested that Japan should never be allowed to expand its whaling practices. In particular, people in the United States are strongly opposed to hunting sperm whales--the same kind of whale that was featured in U.S. author Herman Melville's novel "Moby Dick."

2. CURRENT JAPANESE WHALING POLICY ENCOUNTERS OPPOSITION FROM THE U.S.

Philip Reeker, deputy spokesperson for the US Department of State, “U.S. Objects to Japan’s Lethal Whaling Research Program,” US DEPT OF STATE PRESS STATEMENT, August 16, 2000,

http://secretary.state.gov/www/briefings/statements/2000/ps000816a.html

The Government of Japan has confirmed that it has taken one sperm whale, four Bryde's whales and six minke whales as part of its expanded scientific program in the North Pacific. Japan had recently informed the United States of its intention to expand its lethal research program to include Bryde's whales and sperm whales in addition to minke whales. The United States, along with other nations, has expressed at the highest levels its objection to the expansion of Japan's lethal research program. The International Whaling Commission, following review by its Scientific Committee, adopted a resolution in July urging Japan to refrain from undertaking this program. The United States strongly opposes Japan's action in taking the whales and reiterates its support of the international community's call on Japan to cease its lethal research program.

3. GLOBAL COMMUNITY OPPOSES JAPANESE WHALING

Norman Mineta, U.S. Secretary of Commerce, THE RECORD (BERGEN COUNTY, NJ), August 30, 2000, p. L9.

In defiance of international pleas from President Clinton, Britain's Prime Minister Tony Blair, and other leaders, Japan has gone beyond hunting smaller minke whales to include the larger sperm and Bryde's
whales.

4. BANNING WHALING WILL BOOST JAPANESE MARITIME LEADERSHIP

Robert Braile, staff writer, THE BOSTON GLOBE, August 27, 2000, p. 7.
"If Japan wants to become a respected political player on the world stage, they should be showing they can live up to both the spirit and intent of international agreements," Karen Steuer, the fund's director of commercial exploitation of animals, said last week. "That is the message being delivered today by these powerful nations in protest of Japanese whaling. We hope the government of Japan is listening."

JAPAN CAN SOLVE FOR CORAL REEFS

1. JAPANESE ASSISTANCE EMPIRICALLY CAN PROTECT CORAL REEFS

ANTARA – THE INDONESIAN NATIONAL NEWS AGENCY, “Australia Helps Protect Indonesia’s Coral Reefs,” February 24, 2000, p. np.

The Australian project is part of a broader coral reef management program co-financed by the World Bank, Asian Development Bank (ADB), the Japanese International Cooperation Agency (JICA) and the Indonesian government. Indonesia's coral reefs are vital ecological and productive assets. The protection and management of these reefs is central to fisheries, tourism, natural heritage conservation and shoreline protection. However, these reefs are under threat from pollution and destructive fishing practices.

2. JAPAN DOES CORAL REEF EDUCATION PROGRAMS

Kulachada Chaipipat, staff writer, “China Wants to Focus on Development,” EMERGING MARKETS DATAFILE, November 26, 1996, p. np.

"Japanese Prime Minister Ryutaro Hashimoto said educating people about the environment was vital and that Japan will host a seminar in Okinawa on the preservation of coral reefs," Severino said.

3. JAPAN’S CORAL REEF PROTECTION PROGRAMS ARE THE BEST IN THE WORLD
THE DAILY YOMIURI, “Japan to Promote Reef Preservation,” January 27, 1996, p. 10.
Starting in fiscal 1996, Japan will assist protection programs in Asian regions by separating development districts from conservation areas. Thanks to a rigid conservation program, Japan's coral reefs are said to be the best in the world in terms of quality and quantity. The Japanese government prohibits coral collection in designated conservation areas and sea parks, and it also regularly conducts hunts for crown-of-thorns starfish, a main predator of coral.

4. JAPAN CAN ENGAGE IN CORAL REEF STUDIES

THE DAILY YOMIURI, “Japan to Promote Reef Preservation,” January 27, 1996, p. 10.

Japan has already conducted a study of the Tubbataha Reefs in the Philippines, which have been designated as one of the world's natural heritage sites. It also invited officials in charge of coral reef protection from five developing nations, including the Philippines and Tonga, to train them on how to conduct surveys of coral habitats. During the new fiscal year, Japan will hold an Asian regional meeting to discuss a comprehensive conservation plan and each country's role in the program. Japan will also draft a manual for the management of designated conservation areas. Each country will be asked to draw up a management program based on the manual to suit its own situation. The Marine Parks Center of Japan, an Environment Agency auxiliary organization, is charged with conducting research at the Tubbataha Reefs Ocean National Park and drafting a management plan for the park.
JAPAN CAN SOLVE FOR OCEAN POLLUTION

1. JAPAN CAN SOLVE OCEAN POLLUTION AND WASTE DUMPING ISSUES

THE DAILY YOMIURI, “Govt to Coordinate Effort to Handle Coastal Flotsam,” August 22, 2000, p. 2.
The government has established a liaison council of officials from several ministries and agencies to address the problem of flotsam and waste in the ocean and on the nation's shores, government sources said Monday. Previously, each ministry and agency handled the problem separately, but the government has realized the importance of making a cooperative effort. It also plans to conduct joint research with neighboring countries. After examining the research results, the government plans to carry out a campaign to prevent discharge of waste into the seas and establish legal restrictions. The council consists of officials from the Construction, Transport, Agriculture, Forestry and Fisheries, International Trade and Industry and Health and Welfare ministries, the Meteorological and Environment agencies and the Japan Coast Guard.
According to the sources, each ministry and agency at first will engage in an exchange of measures and then subcommittees will be set up to deal with specific issues.

2. OTHER COUNTRIES SEEK JAPAN’S EXPERTISE IN OCEAN POLLUTION CLEAN-UP

Kevin G. Hall, staff writer, “Japanese Pollution Experts Advise Mexico’s Ports,” JOURNAL OF COMMERCE, November 14, 1995, p. 1B.
As part of a long-term effort to provide maritime assistance abroad, Japanese transport officials and private-sector representatives are conducting special marine pollution seminars for Mexico. The seminars on marine pollution are important because many of Mexico's ports, particularly those involved in oil and chemical pollution, are dreadfully polluted. Coatzacoalcos, the site of most chemical shipments, and oil port Salina Cruz are frequently mentioned as examples of marine environments destroyed by neglect from government and industry. Three days of seminars in the port city of Veracruz wrap up this week, following three days of similar lectures in Mexico City last week. Three Ministry of Transport officials and a private-sector oil transport expert have been discussing marine pollution and disaster prevention. "Through these seminars, we transfer know-how and experience in the maritime area so that Mexican experts gain from it," said Seigi Hinata, deputy chief of mission at the Japanese Embassy in Mexico City.

3. JAPAN HAS EXPERIENCE IN SOLVING OCEAN POLLUTION AND DUMPING

Tomohiro Shishime, assistant director of the Water Quality Bureau of the Environment Agency of Japan, “Promoting a Plan for a Marine Environment Monitoring Network in the North Pacific,” ESENA Workshop, July, 1998, http://www.nautilus.org/papers/energy/ShishimeESENAY2.html

To date, Japan’s monitoring efforts have focused primarily on water pollution, not marine ecosystem protection. Japan's coastal prefectures have implemented marine monitoring programs in keeping with Article 15 of Japan’s Water Pollution Control Law ("Suisitsu Odaku Boushi Hou"). Also, as mandated by Article 46 of the Law Relating to the Prevention of Marine Pollution and Maritime Disaster ("Kaiyou Osen oyobi Kaijou Saigai no Boushi nikansuru Houritsu"), the Marine Safety Agency and the Meteorology Agency have conducted various scientific surveys. The Marine Safety Agency has, for instance, carried out a Marine Pollution Survey to investigate levels of pollution in waste dumping areas and shipping lanes.

4. JAPAN HAS SUPERIOR WATER POLLUTION CONTROL EXPERIENCE

Japan's exceptional performance in reducing emissions and improving water quality can be traced to a unique mix of regulation and economic incentives such that by the mid-1970s it had in place one of the world's most comprehensive environmental legal systems. Japanese firms have allocated up to 14 percent of industrial investment to pollution control, a proportion described by one expert as "staggering."[29] Japan has installed over 2,000 desulphurization and denitrification plants, almost 75 percent of the world total. In the energy sector this huge investment was partly a function of high prices in the 1970s and early 1980s.

JAPAN HAS THE ABILITY TO ESTABLISH AN OCEAN POLICY

1. JAPAN HAS THE CAPACITY TO CONDUCT AN OCEAN POLICY

Tsutomu Fuse, Director-General of the International Ocean Institute in Japan and a professor of International Law at the Yokohama City University, “Some Observations on Mechanisms for Decision-Making and the Execution of an Integrated Ocean Policy in Japan,” in Ocean Governance: Sustainable Development of the Seas, edited by Peter Bautista Payoyo, 1994, http://www.unu.edu/unupress/unupbooks/uu15oe/uu15oe00.htm#Contents

Some scholars hesitate to affirm the existence of a so-called "integrated ocean policy" in Japan. From a legal point of view, there is no independent ministry with the authority to formulate such a policy. Neither is there any unified code of laws in force regulating a national ocean policy. However, if we look at it in another way, it becomes apparent that there exists a system established by custom which does in fact perform this integrating function. As "ocean policy," broadly speaking, covers matters involving to some degree almost all ministries and agencies of the government, some kind of coordinating system is inevitable. For that reason, the Ocean Science and Technology Council was set up in 1961 to advise the prime minister.¹¹ On the recommendation of the Council, the "Marine Science and Technology Centre in Japan" and the "Marine Science and Aquaculture Development Centre Japan" were established in 1971. Later, the Council was reformed as the Ocean Development Council, and expanded its brief to include all aspects of ocean development including the conservation of marine resources. After careful deliberation the newly constituted Council issued several reports, two of which command our particular attention. These are "Fundamental Concepts and Measures for the Promotion of Ocean Development in Japan" (1973), and "Long-term Perspectives on Fundamental Concepts and Measures for Ocean Development" (1990).

In these reports, the following four principles are expressed as prime guidelines of ocean development: i. Ocean development must contribute to the social development of Japan. ii. Ocean development must contribute to the long-term economic development of Japan. iii. Ocean development is to be pursued in the national interest in conformity with international interests. iv. Ocean development must contribute to the interests of the inter national community. It can be said that these reports established the basic guidelines for future ocean policies.

1. JAPAN LACKS ADEQUATE MONITORING SYSTEMS TO PROTECT MARINE ECOSYSTEMS

Recent developments inside and outside Japan have shown that there is a growing need for more comprehensive monitoring programs. Domestic monitoring in Japan and international monitoring in the Northwest Pacific are insufficient with regards to marine environment protection in the region. It will be imperative to implement monitoring activities in a systematic fashion and utilize the data to formulate better marine environment management policies.

JAPAN IS NOT A GOOD COUNTERPLAN

1. JAPAN IS NOT THE BEST AGENT TO SOLVE GLOBAL OCEAN POLICY

The Japanese decision-making process has worked comparatively well. However, its function has been mostly to facilitate the coordination of different interest groups. It is not, therefore, always adequate to tackle the very difficult problems of conservation or, in some cases, the creation of a sound marine environment in a global perspective.²¹ In conclusion, it is necessary to take positive steps to put into practice the new concepts of "eco-development" and "sustainable development."²² For this, the existing policy-making process in Japan is not appropriate, at the very least, an independent agency should be established to integrate and create a new ocean policy on a global scale.

2. OTHER COUNTRIES OPPOSE JAPAN’S PIRACY PROGRAMS, THEY ARE PERCEIVED AS OFFENSIVE MILITARY INITIATIVES

Santo Darmosumarto, analyst of Southeast Asian security issues, “Japan Offers Counter-Piracy Program,” THE JAKARTA POST, April 5, 2000, p. np.

Faced with immense difficulties in finding solutions to the problem, Asian governments are now pondering Japan's offer to sponsor a joint counter-piracy program involving its coast guards. If this proposal is accepted, it will be the first time since the end of World War II that Japan's maritime forces are deployed beyond their limited, self-defense scope. Although the plan provides an admirable attempt at boosting regional cooperation in the long run, its success could prove to be challenging, as opposition is strong within Japan as well as among some countries in the region, especially China.

3. THE U.S. AND JAPAN CAN COOPERATE ON CORAL REEF PROTECTION

THE DAILY YOMIURI, “Japan to Promote Reef Preservation,” January 27, 1996, p. 10.
Faced with the grim prediction that most of the world's coral reefs will be driven to the edge of extinction during the next century, the Environment Agency has decided to take part in a joint conservation project with the United States and Australia.

4. JAPANESE LEADERSHIP CONSTRAINED BY PAST ATROCITIES

Daniel Sneider, staff writer, “Global Alliance Leans on Japan to Settle Past,” CHRISTIAN SCIENCE MONITOR, December 10, 1996, Alliance for Preserving the Truth About the Sino-Japanese War Webpage, Accessed April 27, 2003, http://www.sjwar.org/news1210.htm

Fueled by fresh documentation and revelations from long-silent witnesses, some 30 organizations are filing lawsuits and campaigning to get Japan to fully admit the extent of forced prostitution and alleged war crimes, such as medical experiments, committed against American, Asian, European, and other prisoners of war. The issue takes on heightened geopolitical resonance today as Japan and China vie for dominance both in the region and beyond. Japan's ability to carve out a global leadership role in the future, some diplomats say, could be hampered by nagging doubts about its past.

JAPAN IS NOT GOOD FOR POLICY LEADERSHIP

1. JAPANESE POLICY REINFORCES “US/THEM” DISTINCTIONS

Fumitaka Furuoka, lecturer of economics and business at the University of Malaysia in Sarawak, “Challenges for Japanese diplomacy after the end of the Cold War,” CONTEMPORARY SOUTHEAST ASIA, April 2002, p. np.

To analyse characteristics and trends in Japanese diplomacy, a key Japanese socio-psychological concept of uchi and soto is employed here. This concept was effectively used by Takeshi Ishida in his analysis of Japanese society in 1984. The dimensions of uchi and soto might be effective in discussing not only Japanese domestic societal relations, but also international relations. According to Ishida, "uchi" means "in" or an "in-group" and "soto" means "out" or an "outgroup".8 In the Japanese psyche, there is a sharp demarcation between "we" and "they". Thus, while the Japanese have a strong sense of attachment and loyalty to their in-group, they feel some antagonism towards perceived outsiders. According to Ishida, an in-group (uchi) is composed of those who share the feeling of "we" and among whom the behaviour associated with dependency (amae) is allowed. At the same time, confrontational measures are taken against an out-group (soto), and no concessions are made to it. Distinguishing between an in-group and out-group is not peculiar to Japan. However, the unique Japanese trait is that "the scope of the in-group depends on the situation: thus, the area considered to be an in-group on different occasions tends to form concentric circles".9

JAPAN SHOULD LEAD

1. JAPAN IS UNIQUELY ABLE TO BE A GLOBAL LEADER

Akiko Fukushima, senior researcher at the National Institute for Research Advancement, JAPANESE FOREIGN POLICY: THE EMERGING LOGIC OF MULTILATERALISM, 1999, p. 169.

Indeed, the era of passive Japanese foreign policy has come to an end. Japan is now expected to play a substantial, if not leadership role, in helping to create post-Cold War international order and institutions. Japan in the twenty-first century faces both the responsibility and promising challenge, at long last, of conducting foreign policy.

2. JAPAN SHOULD INCREASE ITS FOREIGN POLICY ASSERTIVENESS IN OCEAN POLICY

Makiko Kitamura, a student at Yale College, “Japan’s Quest for a New Role,” THE YALE INTERNATIONAL FORUM, Spring 1997, Yale International Forum Webpage, Accessed April 21, 2003, http://www.yale.edu/iforum/Spring1997/JapanSpring97.htm

Certainly, Japan should broaden its realm of international contribution, but at present, Japan seems to be limiting its definition of such contribution to the military sphere. A plethora of other global concerns are in need of attention aside from PKO, such as nuclear arms reduction, environmental protection, human rights, and economic development. Japan has the capacity to contribute to these goals, and doing so should quell criticism of its overall military role.⁷

3. JAPAN CAN ASSUME GLOBAL ENVIRONMENTAL LEADERSHIP

Japan is poised to take on the responsibilities of environmental leadership. The environment is a "new" issue and the assumption by Japan of an activist role will not provoke unease in Asia about Japanese intentions or be viewed in the United States as a challenge to its global hegemony. Japan more than any other country appears to have broken the link between economic growth and ecological degradation. It offers a cognitive model to other nations, especially its East Asian neighbors concerned by the nonsustainability of current growth models. Japan also deploys financial and technological resources that make a leadership bid credible.

4. JAPAN IS UNIQUELY SITUATED FOR GLOBAL OCEAN POLICY LEADERSHIP

The masking function of conciliatory foreign policy statements should certainly not be underestimated but Japanese scholars argue that Japan can no longer expect to avoid the political requirements of great economic power, but must seriously confront and make a positive stand on major international issues. Its recently proclaimed public rhetoric of internationalization reflects the new political reality.[14] Moreover, the views expressed by Mr. Miyazawa and others reflect a real and growing national concern in government, the state bureaucracy, and society with ecological values and outcomes in favor of a three-fold harmony between economic growth, energy, and the environment.[15]

5. CBMs LEAD TO JAPANESE LEADERSHIP

Benjamin Self, security expert, INVESTIGATING CONFIDENCE-BUILDING MEASURES IN THE ASIA-PACIFIC REGION, May 1999, p. 48-49.

Japan can use CBMs to establish greater control over its own security, by shifting from its famously reactive mode to positive leadership. Leadership of this type can enhance Japan’s voice on security issues on the regional and global level, lending power to its calls for disarmament and abolition of weapons of mass destruction. By using CBMs to assume more responsibility for regional security, Japan will also begin to overcome its subordination to the United States in Japan’s own security affairs. The fear that this might threaten the Alliance is misplaced, since the United States has called on Japan to increase security dialogue with its neighbors. In fact, a stronger Alliance will emerge when Japan can take more responsibility for security in the region.

VARIOUS ACTIONS WILL INCREASE JAPANESE LEADERSHIP

1. ECONOMIC POSITIONING WILL BOOST JAPAN’S GLOBAL LEADERSHIP

Yoichi Funabashi, Washington Bureau Chief for Asahi Shimbun, “Introduction: Japan’s International Agenda for the 1990s,” JAPAN’S INTERNATIONAL AGENDA, 1994, p. 11-12.

Japan must establish its self-image in the world. It must express its cherished values and self-enlightened interests. Yet a new self-image projection should not be radical; rather, a conscious effort should be made to develop it incrementally. Japan’s unorthodox power portfolio (“economic giant and military dwarf”) should not be viewed as an unstable and transitional phenomenon. On the contrary, the portfolio’s very nature gives Japan a golden opportunity to define its power and role in the radically changing world of the 1990s. The changing nature of power in the increasingly interdependent world will upgrade economic and technological capacity, educational quality, and the developmental model effect in which Japan excels. The widespread perception that the Gulf War, after all, underscores the supremacy of military power as the ultimate power element should not alter Japan’s new strategy of being a global civilian power. Japan should search for various avenues of enhancing political power based on economic strength, not military might, in order to stimulate a new perception of the changing nature of power in the world community and the recognition that Japan should be accepted as a prototype of the global civilian power.

2. DEVELOPMENT ASSISTANCE BOOSTS JAPANESE GLOBAL LEADERSHIP

Tomoko Fujisaki, Japan Research and Training Institute, “Japan as Top Donor,” PACIFIC AFFAIRS, Winter 1996, p. 519.

A vacuum left by the withdrawal of other major donors offers Japan the opportunity to assume a leadership role in defining a new paradigm for development assistance. The recent promotion of “software aid” can be seen as a strategic shift in Japan’s ODA. Software aid is defined as assistance for “human resource development and institutional building” in economic and social development. It involves providing information and knowledge, often in forms such as training and policy advice, as opposed to “hardware aid,” involving provision of physical construction and equipment. This new policy direction to promote software aid can be seen as an instrument for Japan to express a vision of development assistance in the post-cold war era to the international community.

3. CBMs BOOST JAPANESE LEADERSHIP
Benjamin Self, security expert, INVESTIGATING CONFIDENCE-BUILDING MEASURES IN THE ASIA-PACIFIC REGION, May 1999, p. 49.

With leadership and commitment, Japan can develop a repertoire of CBMs that binds together its military capability and its security philosophy, that connects its UN role and its role in the Alliance, and explain these to its neighbors. But without this leadership, Japan will continue to tolerate the contradictions that undermine its credibility, and the inevitable expansion of its security role will likely provoke greater suspicion and distrust.

4. DEVELOPMENT ASSISTANCE BOOSTS JAPANESE GLOBAL LEADERSHIP

Dennis Yasutomo, professor at Smith College, THE NEW MULTILATERALISM OF JAPAN’S FOREIGN AID POLICY, 1995, p. 26.

Finally, aid critics refuse to acknowledge a new development in ODA policy – the use of ODA to define Japan’s role in the world. Because of suspect motives and the obsession with only the negative impact of ODA, critics cannot argue that foreign aid serves a positive role as Japan’s contribution to the international community. However, this belief forms the core of recent aid proponents’ literature. These writers grapple with the road Japan will travel into the twenty-first century and conclude that ODA fits perfectly into the emerging Japanese aspiration for an international role that combines globalization and politicization through nonmilitary means. ODA has a role to play as a diplomatic tool that combines Japan’s national strengths – finance, technology, knowledge, and human resources.

JAPANESE SOFT POWER

1. JAPANESE DEVELOPMENT AID IS KEY TO SOFT POWER

THE DAILY YOMIURI, “New ODA Policy Must Fit the Times,” July 18, 1999, p. np.

There is no doubt that Japan will be able to serve its own interest by aiding other countries in Asia and elsewhere in their pursuit of peace and growth. In this sense, it is extremely important for the nation to continue aiding developing countries in an effective and efficient manner, while keeping in mind the limitations of its own troubled coffers. There is every reason to believe this will be so, if Japan's ODA programs constitute a central pillar of its foreign policy.

2. JAPAN’S SOFT POWER COMES FROM DEVELOPMENT ASSISTANCE

Reinhard Drifte, professor of Japanese Studies at University of Newcastle, JAPAN’S FOREIGN POLICY IN THE 1990s: FROM ECONOMIC SUPERPOWER TO WHAT POWER?, 1996, p. 110.

Japan’s power as an international financier and investor is enhanced by its position as the world’s biggest donor of ODA. In 1992 Japan provided 18 per cent of all ODA in the world. This allows Japan to satisfy to some extent the outside demands for more international burden sharing, but also provides opportunities to influence economically as well as politically the fate of the Third World.

JAPANESE LEADERSHIP IS VITAL FOR THE WORLD

3. JAPANESE LEADERSHIP WILL PROMOTE WORLD PEACE

Charles Overby, professor at Ohio University, “A Quest for Peace,” JAPAN QUARTERLY, April/June 1994, p. 154.

For the first time in history, a major power has in its constitution universal principles that represent the pat to the 21st century and beyond to which all nations should aspire. I hope Japan’s leaders can be persuaded to proclaim that these are Japan’s most cherished and important principles and to uphold Japan’s leadership as a nation of conscientious affirmation. Japan can demonstrate these principles through alternative service, as its fair contribution to world peace and justice, without using military force.

4. JAPANESE LEADERSHIP WILL BOOST THEIR ECONOMY

Roger Buckley, professor of history of international relations at the International Christian University, JAPAN TODAY, 1998, p. 200.

Japan, however, should be able to flourish through continuing its global inward investment strategies and by its skills in converting advanced technological research into new consumer products. The repatriation of profits and dividends earned abroad is expected to be sufficient to ensure the nation’s prosperity, as it confronts the costs of welfare and pension payments to its ageing population.

5. JAPANESE ENVIRONMENTAL LEADERSHIP TRANSLATES TO OVERALL LEADERSHIP

Japanese environmentalism cannot of course be separated from the long-entrenched inhibitions to leadership per se. State and society have not resolved the conflicting demands on Japan's place in the community of nations and its habitual cultural exclusiveness makes it difficult for spokesmen to articulate transcendental values that would appeal to the non-material instincts of other peoples. It has failed to build upon its Buddhist ethical foundations to articulate a modern theory of environmental sustainability (but then neither has any other nation).

6. A STRONG JAPAN DETERS CHINESE HEGEMONY

The Economist, December 5, 1998, p. np.

In the longer term, relations between China and Japan promise to be among the region’s prickliest. Many in China think it will soon be able to take its rightful position as East Asia’s economic and political superpower, and that the country standing most clearly in its way is Japan. Another, plausible view is that Asia’s next big problem is Chinese economic collapse, with possible consequences for internal political stability and rising nationalism. Either way, an important ingredient of regional stability is for Japan to stand firm: to make it clear that it is not going to be pushed around.

BOOKCHIN CRITIQUES

1. BOOKCHIN’S VIEWS OFFER NO WAY TO RESOLVE DISPUTES

Michael Albert, author and activist, ASSESSING LIBERTARIAN MUNICIPALISM, November, 1999, accessed May 10, 2003, http://www.zmag.org/lmdebate.htm

Why are noted anarchists proposing political institutions? Isn't that contrary to abolishing the state? Only if you accept "the interchangeability of politics with Statecraft," replies Bookchin, and advocate throwing out the baby with the bathwater. So libertarian municipalism instead proposes "large general meetings in which all the citizens of a given area meet, deliberate, and make decisions on matters of common concern." And it notes that "if the political potential of the municipality is to be fulfilled, community life must be rescaled to……a manageable size." The decision-making assemblies must contain everyone in the municipality and "meet at regular intervals, perhaps every month at first, and later weekly, with additional meetings as people [see] fit." Given their modest size, these assemblies "could meet in an auditorium, theatre, courtyard, hall, park, or even a church-indeed in any local facility that was sufficiently large to hold all the concerned citizens of the municipality." Insofar as libertarian municipalism is a vision for a new type polity, in addition to wondering why the authors don't discuss mechanisms for adjudicating disputes (the kind of thing that now leads to law suits) and handling difficult problems of enforcement-I also wonder why they feel that each citizen needs to be directly involved, face-to-face, in all decisions. While the general thrust of the assembly vision seems positive, why must it be exclusive? Why is it unwise to use other decision-making mechanisms as well, when assemblies aren't optimal? I am not sure, for example, why libertarian municipalism feels that no means of representation can ever be designed to function compatibly with popular assemblies, preserving democracy but functioning better in situations that transcend small group concerns.

2. Glorification of wilderness is bad

Joni Adamson, assistant professor at the University of Arizona, American Indian Literature, Environmental Justice and Ecocriticism, 2001, p. 16-17.

In Literature, Nature, and Other, a critical examination of the field of nature writing and ecocriticism, Patrick Murphy observes that several recent anthologies of nature writing acknowledge a “strong sense of the power of nature in “Native American mythic narratives,” but fail to provide any examples of those narratives or any examples of contemporary Native American writing, despite the fact that the Native American Authors Distribution Project catalog lists approximately five hundred titles by American Indian authors, comprising nonfiction, fiction, poetry, and storytelling. The effect of these editors’ decisions, according to Murphy, is to “create the impression that Indians have had nothing to say on their own and that they are saying and writing nothing today, literary or otherwise.”

ECO-CRITIQUE CAN CAUSE CHANGE FOR GOOD

CRITIQUE CAN CHANGE BUSINESS PRACTICES-MOMENTUM FOR A NEW ENVIRONMENTAL CONSCIOUSNESS EXISTS NOW

Kelly Strong, Professor of Business and International Business at Michigan Tech, BUSINESS AND SOCIETY, Vol 35, March 1996, p. np.

Concern over the environment is clearly on the rise again (Moore, Shetzer, and Stackman, 1992). Simultaneously, governmental bodies are increasing the regulations governing waste generation and disposal worldwide. In the face of such changes, business executives and managers will need to reexamine traditional ways of doing business to develop sustainable practices (Stead, Stead, and Zimmerer, 1993). However, the tools and techniques of business research and education are not compatible with emerging environmental concerns (Shrivastava and Hart, 1992). Alternatives created by a postmodern feminist perspective of ecological awareness, focusing on the embeddedness of organizations in the natural environment, will serve business educators and managers well in preparing for the future. Business researchers, particularly in the fields of business and society, and social issues in management, can use postmodern feminist critiques and ecological awareness concepts to generate new theories on the social responsibility of organizational conduct. Scholars interested in the study of business ethics can use ecological awareness and feminist critique to reframe ethical inquiries into the conduct of individual decision makers within organizations.

ECOFEMINISM IS GOOD

1.ECOFEMINISM IS NOT ESSENTIALIST- IT FOCUSES ON ONTOLOGY ONLY IN AN EFFORT TO RESHAPE THE POLITICAL

Melissa Clarke teaches in the philosophy department at The College of Saint Rose, National Women's Studies Association Journal 2001 P. 210

The Good-Natured Feminist by Catriona Sandilands is quintessential reading for anyone who usually thinks of ecofeminism as attempting to link "woman" (often equated with "mothering") and "nature" in an essentializing way. In the first of the book's two parts, Sandilands discusses early ecofeminist tendencies to prioritize such ontological claims over political ones. She argues that the ecofeminist focus on an ontology of woman/nature identity is actually a political attempt to expose the traditional connection between domination of women and nature. Ecofeminists have used identity to gain access to the public arena in the same way cultural feminists did. Likewise, she argues, ecofeminists have tried to establish an identity for nature in an effort to expose the root causes of domination and denial of political representation of the environment in the same way environmental philosophers did. However, Sandilands recognizes that, along with feminists in general, some ecofeminists are beginning to realize the limits of identity politics and are further realizing that delimiting the woman/nature connection to a very particular characterization can never fully capture the range of women's experiences. In addition, it restricts nature to representation as a domesticated feminine subject. Sandilands invites us to consider that any subject in the political realm, whether it be woman, nature, or other, is inevitably more than any singular form of representation can [End Page 211] capture. Attempts at identity politics, no matter how well intentioned, marginalize those who do not fit the descriptions that are produced, and speaking for all women and/or nature is authoritarian and undemocratic. Identity politics is inevitably limited in its ability to lead to democracy. Sandilands maintains that this is why ecofeminism needs to move beyond its initial focus on woman/nature identification to questions of political construction.

2.ECOFEMINISM IS CONTRIBUTING TO AN INTELLECTUAL REIGN OF TERROR

Luc Ferry, Professor of Philosophy, the Sorbonne, THE NEW ECOLOGICAL ORDER,

1995, p. 118.

Salleh's thesis, which is representative of that of the entire movement, is that the hatred of women, which ipso facto brings about that of nature, is one of the principal mechanisms governing the actions of men (of "males") and, thus, the whole of Western/patriarchal culture. It would be wrong, seen from

Europe, to think that this is simply a fantasy, one of those hyperboles characteristic of fringe groups, which we ourselves had abundant experience with in the 1960s. For ecofeminism is beginning to occupy a less than negligible place in the heart of American feminism and beyond: it is omnipresent in universities, where it strongly contributes to the reign of intellectual terror exercised in the name of political correctness and the right to be different - the demand for which evolves easily into a demand for a difference in rights.

MILITARY SONAR EVIDENCE

THERE SHOULD BE AN ENVIRONMENTAL IMPACT STATEMENT ON SONAR USE

1. THE NAVY HAS NOT PREPARED A ENVIRONMENTAL IMPACT STATEMENT ON ITS SONAR

WASHINGTON POST, April 15, 2002, p. A3.

But environmental groups are highly skeptical, especially because they contend the Navy conducted secret sonar testing and initiated deployment without preparing a required environmental impact statement. The new system uses 18 sets of speakers to send out sounds -- at decibel levels comparable to those of a jet taking off -- for more than a minute at a time.

THE MILITARIES OF OTHER COUNTRIES WILL INEVITABLY USE SONAR

1. FRANCE AND RUSSIA ARE DEPLOYING LOW-FREQUENCY SONARS

WASHINGTON POST, April 15, 2002, p. A3.

The debate is complicated further by the likelihood that loud and far-reaching sonar is being developed by other countries. Navy officials have said that France and Russia have deployed similar low-frequency sonars, and

environmental groups say many other nations are working on them, too. This creates the possibility of wide-scale sonar proliferation, and of whales and dolphins being bombarded by sound waves from many directions.

POLITICS EVIDENCE

1. REPUBLICANS AND THE EXECUTIVE OPPOSE CONTROLS ON LOW-FREQUENCY SONAR

Christine Keyser, NQA, IN THESE TIMES, December 23, 2003, p. 3

Environmentalists hope they will prevail against the Navy when the case comes to trial next June. However, given the current climate in Washington, they fear the Bush administration and Republican-controlled Congress will intercede and exempt the Navy and the rest of the military from environmental laws on grounds of national security. "The scuttlebutt we've heard from within the Navy is that this is a precedent case," says Mark Palmer, co-director of Earth Island Institute's International Marine Mammal Project. "They look on it as, if we succeed in stopping LFA sonar on sound pollution, environmentalists will go after them on any other ocean sounds they do."

2. CONGRESS SUPPORTS INCREASED OIL TANKER REGULATIONS

Beth Daley, staff writer, THE BOSTON GLOBE, May 25, 2003, p. B11

Massachusetts members of Congress have fired off an angry letter to the company responsible for last month's oil spill in Buzzards Bay, pledging to do everything they can to ensure that its barges do not contaminate the bay ever again. Relationships between Bouchard Transportation and the region's officials are quickly souring, with investigators having trouble getting basic information from the New York company whose barge spilled at least 98,000 gallons of heavy industrial fuel into the bay on April 27. The accident killed more than 350 birds, shut shellfish beds for weeks, and pushed ribbons of oil onto 53 miles of coastline that are still being scrubbed clean. "Bouchard's actions are making it absolutely certain that the US Congress focuses on barge safety," said Steve Schwadron, chief of staff for US Representative William D. Delahunt. The barge that leaked had a single hull, but federal law requires barges to have double hulls by 2005. The delegation wants the company to accelerate replacement.

BUSH POLITICAL POSITIONS

1. BUSH OPPOSES RENEWABLE ENERGY PROPOSALS PUSHED BY DEMOCRATS

Ronald Brownstein, national political correspondent for the Los Angeles Times, NEW YORK NEWSDAY, February 18, 2003, p. A17

Bush wants to restructure not only Medicare and Medicaid, but also Social Security, largely to increase their reliance on market forces and limit federal spending as the baby boom generation retires; almost all Democrats are lining up unwaveringly against each of those ideas. Bush wants to increase the production of oil from domestic sources, especially by drilling on public lands; Democrats such as Gephardt are promising a crash program to increase the availability of renewable energy sources such as solar power.

2. THE BUSH DOCTRINE CAUSES NORTH KOREA TO BACK DOWN

Michael Duffy and Nancy Gibbs, staff, TIME, October 28, 2002, p. 37

Whatever happens, they can-and probably will-argue that their hard line is working and that messages sent in one direction are being heard in another. Administration officials suggest Pyongyang was worried that Bush's doctrine of pre-emption might eventually be pointed in its direction. For most of the past two years, Bush hard-liners have refused to even talk to North Korea, believing that the Clinton policy of engagement was for suckers. Having confessed, the North Koreans are now subject to diplomatic pressure. "This is an Administration that was determined not to get into a dialogue with them," says Joseph Cirincione of the Carnegie Endowment for International Peace, "and the first time they do, they make a major breakthrough." For the hawks, the real lesson from North Korea is that treaties, communiques and compromises don't work when you are dealing with someone who will lie right through the signing ceremony-unless you have a gun in your hand.

3. A BELLIGERENT NORTH KOREA WOULD USE WEAPONS OF MASS DESTRUCTION

William Taylor, distinguished alumnus of the Center for Strategic and International Studies, and Eliot Walker, research analyst with the CSIS' Japan Chair. THE WASHINGTON TIMES, August 2, 2002

In the first few hours of a short-warning war, North Korea would inflict almost unbelievable damage to our South Korean and Japanese allies and the Americans in both countries. Why is this? North Korea has the fifth-largest military in the world with enormous numbers of long-range artillery pieces and multiple rocket launchers, mostly protected in underground facilities, and armed with chemical and biological warheads, within striking distance of metropolitan Seoul, South Korea's densely populated capital. Without moving, these weapons systems are capable of delivering up to 500,000 rounds per hour for several hours. Worse yet, the North has more than 500 surface-to-surface missiles of various types, many armed with chemical and biological warheads. We should recall here that the CIA has long estimated that North Korea has enough fissionable nuclear material to develop one or two nuclear weapons. Some of these missiles can cover all South Korea and Japan where there is no effective missile defense. There are more than 80,000 American civilian and military personnel in South Korea and another 100,000 in various parts of Japan. Hundreds of thousands of our allies and Americans would die.

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