State Jurisdiction that arise from the

following fact situation.

The Facts:

The Japanese-registered whaling vessel Nisshin Maru, with 35 Japanese

crew members on board, sailed to Australasian waters in December 2016.

New Zealand has a large and very vocal anti-whaling lobby. On 15

December 2006 six members of a small radical anti-whaling group calling

themselves the Real Rainbow Warriors set sail in a small boat heading in the

direction of the Nisshin Maru. That night, the Nisshin Maru caught fire in

international waters after an explosion caused by a home-made explosive

device apparently thrown on board from the same boat in which the Real

Rainbow Warriers set sail earlier in the day. The Ross

Two crew members on the Nisshin Maru were killed during the explosion and

the ship was badly damaged. The Japanese government asked the New

Zealand government to allow entry to a New Zealand port for the Nisshin

Maru to carry out repairs, and insisted that the New Zealand authorities must

find and prosecute those responsible for the explosion. New Zealand refuses

entry to the ship not just because it is a whaling vessel and New Zealand is

opposed to whaling, but also because the ship is damaged and has a lot of

'very nasty chemicals on board'.

The damaged Nisshin Maru was forced to head for Australia. Unfortunately,

unusually rough and stormy weather caused the ship to break up and the

crew were forced to abandon the vessel. Australian coast guard authorities

launched a rescue attempt and were able to rescue all crew except two who

drowned in international waters.

In February 2017 New Zealand and Australian maritime police working

together uncovered the identity of the six persons responsible for the

explosion and fire on the Nisshin Maru. Two members of the crew hold dual

Australian-UK citizenship, two hold PNG citizenship and two are New Zealand

nationals. All are now in custody in Australia.

Japan now wants the Australian government to prosecute the six suspects to

the full extent of the law, or alternatively, to facilitate the extradition of the six

accused to stand trial in Japan.

You are a legal consultant working in the Australian Department of Foreign

Affairs. Write Memorandum of Advice to the Minister of Foreign Affairs

addressing the position of each of the six detainees. Your answer

should detail Australia's rights and responsibilities in relation to each of

the detainees.

Word limit: 200-400words.