Australia Prime Minister Kevin Rudd recently commented that if Japan's new government continue its annual scientific research whaling program, he will have no hesitation in taking international legal action. The Prime Minister made the remarks during a brief stopover in Japan on his way to UN climate change talks in Copenhagen.

How serious Minister Rudd is about this however is another matter as it could seriously damage Australia's Japan trade relationship and glacial negotiations on a free trade pact. Japan was Australia's top export destination in 2008, with two-way trade worth $58 billion. Canberra also maintained a $25 billion trade surplus on the back of coal and iron ore exports. Japanese Prime Minister Yukio Hatoyama came to power in August promising a shift in Japan's domestic and international policies, but Foreign Minister Katsuya Okada said that did not include the annual whale cull.

Some legal experts believe the Japanese cull is in breach of several international laws and treaties, including the Antarctic Treaty System and the Convention on International Trade in Endangered Species. Australia has previously sent a customs ship to Antarctica to gather evidence for an international court challenge. Japan's whaling fleet is now en route to the Southern Ocean to harpoon up to 935 minke whales and 50 fin whales.