Japan says whaling dispute is 'unfortunate'

Japan has formally expressed its disappointment at Australia's threat to drag it before an international court over its continued whaling in the Southern Ocean.

The key trading partner's foreign minister, Katsuya Okada, said at a joint press conference with Australian counterpart Stephen Smith that it was an "extremely unfortunate" course of action.

"That's because our view is that these matters should be discussed thoroughly within the International Whaling Commission," he said.

Prime Minister Kevin Rudd last week said that Australia would begin legal action against the Japanese by November if diplomatic efforts to halt the slaughter of whales failed.

Mr Okada said through an interpreter in Perth today that Japan believed it had a legal right to carry out whaling and would "represent its case" should it be called upon to do so.

He stopped short of admitting that the court action would harm Australian-Japanese relations.

Mr Smith said Australia would seek a diplomatic solution to the issue immediately by making representations to the International Whaling Commission

"The Australian Government has thought very carefully about this issue and in the last week or so has come to the conclusion that Australia will pursue before the IWC a proposal that would see whaling in the Southern Ocean phased out over a reasonable period of time," he said.

"That is a position that we will put to the IWC in the very near future, potentially as early as tomorrow."

The two foreign ministers also held talks on the non proliferation of nuclear weapons.

Earlier today, a group of Sea Shepherd activists staged a silent protest in the presence of Mr Okada as he attended a wreath-laying ceremony at the State War Memorial in Kings Park.

"Should action become a reality Japan will seek to represent its case with the IWC that its activities are legal."

While the views of Australia and Japan on whaling were different both foreign ministers said the issue should not jeopardise the strong bilateral relationship the two countries enjoy.

Mr Smith said the Australian government had thought very carefully about the issue and had come to the conclusion Australia would pursue a proposal with the IWC to see whaling in the Great Southern Ocean phased out over a "reasonable period of time".

"And that is a position that we will put to the International Whaling Commission in the very near future, potentially as early as tomorrow," Mr Smith said.

Mr Smith said he hoped to reach an agreement with Japan on the issue but both he and Prime Minister Kevin Rudd had made it clear if not Australia will seek arbitration in the International Court of Justice.

Mr Rudd met with Mr Okada in Sydney on Saturday when the issue of whaling was discussed.