The Australian government said on Friday it would file formal charges against Japan before the International Court of Justice (ICJ) over Tokyo's continued hunting activities that kills hundreds of whales a year in the name of scientific research.

Australia's Environment Protection Minister Peter Garrett said the charges would be filed as early as next week, as Canberra abandons its diplomatic approach over Japan's whaling activities. Australia had long threatened to sue Japan over the issue.

Garrett said: "We want to see an end to whales being killed in the name of science in the Southern Ocean. Today's announcement of legal action shows the government is taking steps to bring a permanent end to whaling in the Southern Ocean."

Japanese Fisheries Minister Hirotaka Akamatsu reacted swiftly with Australia's threat and described the move as "very disappointing." He added that Japan's "research" was approved under the rules of an international moratorium on commercial whaling.

Australia's Foreign Minister Stephen Smith was frustrated over the lack of progress in finding a diplomatic solution over the whaling row with Japan. Australia has been lobbying before the International Whaling Commission (IWC) to ban all whaling activities.

"The Australian government has not taken this decision lightly," said Smith.

"But recent statements by whaling countries in the commission have provided Australia with little cause for hope that our serious commitment to conservation of the world's whales will be reflected in any potential IWC compromise agreement," he added.

However, Smith downplayed the effect of this latest move on the diplomatic relationship between Australia and Japan. Tokyo remains the number two top export markets of Australia.