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International Court Rules Japan’s ‘Research’ Whaling Illegal in Landmark Case

In a stunning victory for the whales, the International Court of Justice (ICJ) in The Hague announced their binding decision today in the landmark case of Australia v. Japan, ruling that Japan’s JARPA II whaling program in the Antarctic is not for scientific purposes and ordering that all permits given under JARPA II be revoked. The news was applauded and celebrated by Sea Shepherd Conservation Society USA and Sea Shepherd Australia, both of which have directly intervened against Japanese whalers in the Southern Ocean.

Greenpeace International is another organization that has been campaigning against whaling for more than 30 years. In this 1992 photo Greenpeace protested against the factory ship Nisshin Maru in the Southern Ocean. © Greenpeace / Robin Culley

Representing Sea Shepherd in the courtroom to hear the historic verdict were Captain Alex Cornelissen, executive director of Sea Shepherd Global and Geert Vons, director of Sea Shepherd Netherlands. They were accompanied by Sea Shepherd Global’s Dutch legal counsel.

The case against Japan was heard by the ICJ in July of last year to decide whether Japan is in breach of its international obligations in implementing the JARPA II “research” program in the Southern Ocean, and to demand that Japan cease implementation of JARPA II and revoke any related permits until Japan can make assurances that their operations conform with international law.

In a vote of 12 to four, the ICJ ruled that the scientific permits granted by Japan for its whaling program were not scientific research as defined under International Whaling Commission regulations. It ordered that Japan revoke the scientific permits given under JARPA II and refrain from granting any further permits under that program.

Greenpeace witnesses the killing of whales in the Southern Ocean by the Yushin Maru and the Kyo Maru No.1 ships of the Japanese whaling fleet, and the transfer of the whales to the Nisshin Maru factory ship in 2005. © Greenpeace / Jeremy Sutton-Hibbert

Prior to the verdict, there had been some speculation that the ICJ would not permit the hunting of endangered fin and humpback whales, but it would compromise and allow the hunting of minke whales. However, it has been Sea Shepherd’s contention all along that—no matter the species—no whales should be killed, especially in a sanctuary. Sanctuary means “a place of refuge or safety; a nature reserve” where animals are protected. To allow killing in an internationally designated sanctuary is to make a mockery of international agreements made by those countries who established the sanctuary in 1994. At that time, 23 countries supported the agreement and Japan was the only International Whaling Commission (IWC) member to oppose it.

Even the Ambassador from Japan to the U.S., Kenichiro Sasae, during a public meeting in Los Angeles in Dec. 2013 attended by representatives of Sea Shepherd USA, had this to say about whales and whaling: “As an individual, I like whales and if you go out and see the whales, there is no reason for us to kill this lovely animal. But it’s history and it’s politics, I would say. There are a small number of Japanese people still trying to get this won. But mainstream Japanese are not eating whale anymore.” At the same meeting, Ambassador Sasae stated that Japan will abide by the ICJ ruling.

Members of the International Court of Justice. Photo credit: ICJ

“With today’s ruling, the ICJ has taken a fair and just stance on the right side of history by protecting the whales of the Southern Ocean Whale Sanctuary and the vital marine ecosystem of Antarctica, a decision that impacts the international community and future generations,” said Captain Alex Cornelissen of Sea Shepherd Global.

Sea Shepherd Conservation Society’s international volunteer crew stood on the frontlines in the hostile and remote waters of Antarctica for eight years and then Sea Shepherd Australia took up that gauntlet for the last two years and will keep confronting Japanese whalers in Antarctica until we can once and for all bring an end to the killing in this internationally designated “safety zone” for whales.

Over the years, Sea Shepherd has been the only organization to directly intervene against Japan’s illegal commercial whaling conducted under the guise of research, with their claims of research globally questioned. Indeed, Sea Shepherd has been the only thing standing between majestic whales and the whalers’ harpoons, as these internationally protected species—many of them pregnant—migrate through Antarctic waters each year.

“Though Japan’s unrelenting harpoons have continued to drive many species of whales toward extinction, Sea Shepherd is hopeful that in the wake of the ICJ’s ruling, it is whaling that will be driven into the pages of the history books,” Cornelissen said.

Greenpeace ship MY Esperanza tries to hinder the shooting and eventual transfer of a minke whale by the Yushin Maru No.2 catcher ship in 2005. © Greenpeace / Kate Davison

“Despite the moratorium on commercial whaling, Japan has continued to claim the lives of thousands of the gentle giants of the sea in a place that should be their safe haven,” said Sea Shepherd Founder, Captain Paul Watson. “Sea Shepherd and I, along with millions of concerned people around the world, certainly hope that Japan will honor this ruling by the international court and leave the whales in peace.”

Sea Shepherd Global will have the ships prepared to return to the Southern Ocean in Dec. 2014 should Japan choose to ignore this ruling. If the Japanese whaling fleet returns, Sea Shepherd crew will be there to uphold this ruling against the pirate whalers of Japan.

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By Sherry H-Y. Chou, Aarti Sarwal and Neha S. Dangayach

The patient in the case report (let's call him Tom) was 54 and in good health. For two days in May, he felt unwell and was too weak to get out of bed. When his family finally brought him to the hospital, doctors found that he had a fever and signs of a severe infection, or sepsis. He tested positive for SARS-CoV-2, the virus that causes COVID-19 infection. In addition to symptoms of COVID-19, he was also too weak to move his legs.

When a neurologist examined him, Tom was diagnosed with Guillain-Barre Syndrome, an autoimmune disease that causes abnormal sensation and weakness due to delays in sending signals through the nerves. Usually reversible, in severe cases it can cause prolonged paralysis involving breathing muscles, require ventilator support and sometimes leave permanent neurological deficits. Early recognition by expert neurologists is key to proper treatment.

We are neurologists specializing in intensive care and leading studies related to neurological complications from COVID-19. Given the occurrence of Guillain-Barre Syndrome in prior pandemics with other corona viruses like SARS and MERS, we are investigating a possible link between Guillain-Barre Syndrome and COVID-19 and tracking published reports to see if there is any link between Guillain-Barre Syndrome and COVID-19.

Some patients may not seek timely medical care for neurological symptoms like prolonged headache, vision loss and new muscle weakness due to fear of getting exposed to virus in the emergency setting. People need to know that medical facilities have taken full precautions to protect patients. Seeking timely medical evaluation for neurological symptoms can help treat many of these diseases.

What Is Guillain-Barre Syndrome?

Guillain-Barre syndrome occurs when the body's own immune system attacks and injures the nerves outside of the spinal cord or brain – the peripheral nervous system. Most commonly, the injury involves the protective sheath, or myelin, that wraps nerves and is essential to nerve function.

Without the myelin sheath, signals that go through a nerve are slowed or lost, which causes the nerve to malfunction.

To diagnose Guillain-Barre Syndrome, neurologists perform a detailed neurological exam. Due to the nerve injury, patients often may have loss of reflexes on examination. Doctors often need to perform a lumbar puncture, otherwise known as spinal tap, to sample spinal fluid and look for signs of inflammation and abnormal antibodies.

Studies have shown that giving patients an infusion of antibodies derived from donated blood or plasma exchange – a process that cleans patients' blood of harmful antibodies - can speed up recovery. A very small subset of patients may need these therapies long-term.

The majority of Guillain-Barre Syndrome patients improve within a few weeks and eventually can make a full recovery. However, some patients with Guillain-Barre Syndrome have lingering symptoms including weakness and abnormal sensations in arms and/or legs; rarely patients may be bedridden or disabled long-term.

Guillain-Barre Syndrome and Pandemics

As the COVID-19 pandemic sweeps across the globe, many neurologic specialists have been on the lookout for potentially serious nervous system complications such as Guillain-Barre Syndrome.

Though Guillain-Barre Syndrome is rare, it is well known to emerge following bacterial infections, such as Campylobacter jejuni, a common cause of food poisoning, and a multitude of viral infections including the flu virus, Zika virus and other coronaviruses.

Studies showed an increase in Guillain-Barre Syndrome cases following the 2009 H1N1 flu pandemic, suggesting a possible connection. The presumed cause for this link is that the body's own immune response to fight the infection turns on itself and attacks the peripheral nerves. This is called an "autoimmune" condition. When a pandemic affects as many people as our current COVID-19 crisis, even a rare complication can become a significant public health problem. That is especially true for one that causes neurological dysfunction where the recovery takes a long time and may be incomplete.

The first reports of Guillain-Barre Syndrome in COVID-19 pandemic originated from Italy, Spain and China, where the pandemic surged before the U.S. crisis.

Though there is clear clinical suspicion that COVID-19 can lead to Guillain-Barre Syndrome, many important questions remain. What are the chances that someone gets Guillain-Barre Syndrome during or following a COVID-19 infection? Does Guillain-Barre Syndrome happen more often in those who have been infected with COVID-19 compared to other types of infections, such as the flu?

The only way to get answers is through a prospective study where doctors perform systematic surveillance and collect data on a large group of patients. There are ongoing large research consortia hard at work to figure out answers to these questions.

Understanding the Association Between COVID-19 and Guillain-Barre Syndrome

While large research studies are underway, overall it appears that Guillain-Barre Syndrome is a rare but serious phenomenon possibly linked to COVID-19. Given that more than 10.7 million cases have been reported for COVID-19, there have been 10 reported cases of COVID-19 patients with Guillain-Barre Syndrome so far – only two reported cases in the U.S., five in Italy, two cases in Iran and one from Wuhan, China.

It is certainly possible that there are other cases that have not been reported. The Global Consortium Study of Neurological Dysfunctions in COVID-19 is actively underway to find out how often neurological problems like Guillain-Barre Syndrome is seen in hospitalized COVID-19 patients. Also, just because Guillain-Barre Syndrome occurs in a patient diagnosed with COVID-19, that does not imply that it was caused by the virus; this still may be a coincident occurrence. More research is needed to understand how the two events are related.

Due to the pandemic and infection-containment considerations, diagnostic tests, such as a nerve conduction study that used to be routine for patients with suspected Guillain-Barre Syndrome, are more difficult to do. In both U.S. cases, the initial diagnosis and treatment were all based on clinical examination by a neurological experts rather than any tests. Both patients survived but with significant residual weakness at the time these case reports came out, but that is not uncommon for Guillain-Barre Syndrome patients. The road to recovery may sometimes be long, but many patients can make a full recovery with time.

Though the reported cases of Guillain-Barre Syndrome so far all have severe symptoms, this is not uncommon in a pandemic situation where the less sick patients may stay home and not present for medical care for fear of being exposed to the virus. This, plus the limited COVID-19 testing capability across the U.S., may skew our current detection of Guillain-Barre Syndrome cases toward the sicker patients who have to go to a hospital. In general, the majority of Guillain-Barre Syndrome patients do recover, given enough time. We do not yet know whether this is true for COVID-19-related cases at this stage of the pandemic. We and colleagues around the world are working around the clock to find answers to these critical questions.

Sherry H-Y. Chou is an Associate Professor of Critical Care Medicine, Neurology, and Neurosurgery, University of Pittsburgh.

Aarti Sarwal is an Associate Professor, Neurology, Wake Forest University.

Neha S. Dangayach is an Assistant Professor of Neurology and Neurosurgery, Icahn School of Medicine at Mount Sinai.

Disclosure statement: Sherry H-Y. Chou receives funding from The University of Pittsburgh Clinical Translational Science Institute (CTSI), the National Institute of Health, and the University of Pittsburgh School of Medicine Dean's Faculty Advancement Award. Sherry H-Y. Chou is a member of Board of Directors for the Neurocritical Care Society. Neha S. Dangayach receives funding from the Bee Foundation, the Friedman Brain Institute, the Neurocritical Care Society, InCHIP-UConn Center for mHealth and Social Media Seed Grant. She is faculty for emcrit.org and for AiSinai. Aarti Sarwal does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Reposted with permission from The Conversation.


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Unity Task Forces formed by presumptive Democratic presidential nominee Joe Biden and Sen. Bernie Sanders unveiled sweeping party platform recommendations Wednesday that—while falling short of progressive ambitions in a number of areas, from climate to healthcare—were applauded as important steps toward a bold and just policy agenda that matches the severity of the moment.

"We've moved the needle a lot, especially on environmental justice and upping Biden's ambition," said Sunrise Movement co-founder and executive director Varshini Prakash, a member of the Biden-Sanders Climate Task Force. "But there's still more work to do to push Democrats to act at the scale of the climate crisis."

The climate panel—co-chaired by Rep. Alexandria Ocasio-Cortez (D-N.Y.) and former Secretary of State John Kerry—recommended that the Democratic Party commit to "eliminating carbon pollution from power plants by 2035," massively expanding investments in clean energy sources, and "achieving net-zero greenhouse gas emissions for all new buildings by 2030."

In a series of tweets Wednesday night, Ocasio-Cortez—the lead sponsor of the House Green New Deal resolution—noted that the Climate Task Force "shaved 15 years off Biden's previous target for 100% clean energy."

"Of course, like in any collaborative effort, there are areas of negotiation and compromise," said the New York Democrat. "But I do believe that the Climate Task Force effort meaningfully and substantively improved Biden's positions."

 

The 110 pages of policy recommendations from the six eight-person Unity Task Forces on education, the economy, criminal justice, immigration, climate change, and healthcare are aimed at shaping negotiations over the 2020 Democratic platform at the party's convention next month.

Sanders said that while the "end result isn't what I or my supporters would've written alone, the task forces have created a good policy blueprint that will move this country in a much-needed progressive direction and substantially improve the lives of working families throughout our country."

"I look forward to working with Vice President Biden to help him win this campaign," the Vermont senator added, "and to move this country forward toward economic, racial, social, and environmental justice."

Biden, for his part, applauded the task forces "for helping build a bold, transformative platform for our party and for our country."

"I am deeply grateful to Bernie Sanders for working with us to unite our party and deliver real, lasting change for generations to come," said the former vice president.

On the life-or-death matter of reforming America's dysfunctional private health insurance system—a subject on which Sanders and Biden clashed repeatedly throughout the Democratic primary process—the Unity Task Force affirmed healthcare as "a right" but did not embrace Medicare for All, the signature policy plank of the Vermont senator's presidential bid.

Instead, the panel recommended building on the Affordable Care Act by establishing a public option, investing in community health centers, and lowering prescription drug costs by allowing the federal government to negotiate prices. The task force also endorsed making all Covid-19 testing, treatments, and potential vaccines free and expanding Medicaid for the duration of the pandemic.

"It has always been a crisis that tens of millions of Americans have no or inadequate health insurance—but in a pandemic, it's potentially catastrophic for public health," the task force wrote.

Dr. Abdul El-Sayed, a former Michigan gubernatorial candidate and Sanders-appointed member of the Healthcare Task Force, said that despite major disagreements, the panel "came to recommendations that will yield one of the most progressive Democratic campaign platforms in history—though we have further yet to go."

 

Observers and advocacy groups also applauded the Unity Task Forces for recommending the creation of a postal banking system, endorsing a ban on for-profit charter schools, ending the use of private prisons, and imposing a 100-day moratorium on deportations "while conducting a full-scale study on current practices to develop recommendations for transforming enforcement policies and practices at ICE and CBP."

Marisa Franco, director of immigrant rights group Mijente, said in a statement that "going into these task force negotiations, we knew we were going to have to push Biden past his comfort zone, both to reconcile with past offenses and to carve a new path forward."

"That is exactly what we did, unapologetically," said Franco, a member of the Immigration Task Force. "For years, Mijente, along with the broader immigrant rights movement, has fought to reshape the narrative around immigration towards racial justice and to focus these very demands. We expect Biden and the Democratic Party to implement them in their entirety."

"There is no going back," Franco added. "Not an inch, not a step. We must only move forward from here."

Reposted with permission from Common Dreams.

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