Preventing the impending slaughter of Humpback whales presents Mr Rudd with an opportunity to walk proudly on the world stage whilst restoring Australia’s reputation as a conservation-minded nation.

Hiring a former P&O cruise ship and sending down aircraft is okay. But Australians wants to see the killing stopped, not monitored.

Mr Rudd needs to convene an emergency meeting of key international lawyers who have extensively researched the legal options available nder the relevant conventions. The possibility of seeking an emergency injunction in the International Law of the Sea Tribunal has considerable support with many international experts.

The Howard government consistently refused to table legal advice on which his government based its “do nothing” policy. Malcolm Turnbull made many speeches indicating legal action would not succeed without producing one shred of evidence to support these statements.

Both the Howard and Rudd governments have been provided with extensive legal advice which indicate action can be taken against Japan. A dialogue needs to be undertaken urgently, focussed on the best international legal strategy.

Another tactic would be for Australia to raise the issue of Japanese whaling in the Southern Ocean Sanctuary at Antarctic Treaty System (ATS)meetings. Incredibly, these meetings, focussed on the Antarctic marine ecosystem, never discuss Japanese whaling or whales.

This self-imposed censorship, enforced by Contracting Governments and accepted by some NGOs, has ensured that a raft of legal action available under the ATS has never been instigated.

In mounting a legal challenge against Japan, the Rudd government would signal to the world that international conventions designed to protect oceans and marine resources must be enforced. If any global warming convention is to work, then the existing agreements must be made effective.

Soon the whaling fleet will reach Antarctica. There is not a moment to lose.