Year: 2026
Type: article
Abstract: This article explores the unique legal and moral standing of whales within the framework of ocean justice, with particular attention to the ocean as a space of rights for whales. Whales occupy a distinct position among animals, reflected both in philosophical discourse and international legal instruments. They possess extraordinary capacities that give them interests in the enjoyment of rights. They consequently have moral rights that can ground legal rights, such as the right to life, right to be free from torture, freedom of movement and right to cetacean culture. International law primarily approaches animals through species protection or welfare considerations. Significant developments have taken place in domestic jurisdictions toward the recognition of animal rights, which may indicate how international law will continue to develop. In particular, the international law on whales has seen significant developments from sustainable utilisation to extensive species protection and now a growing emphasis on animal welfare and non-lethal research methods. The International Whaling Commission’s moratorium on commercial whaling and soft law declarations concerning non-lethal research methods, coupled with dynamic interpretation of the UN Convention on the Law of the Sea suggest that whales enjoy protection that is unparalleled in the non-human animal kingdom. This protection is both direct, prohibiting their harvesting, and indirect, requiring protection of their habitats. This evolution suggests that whales have acquired simple animal rights consistent with the right to be free from unnecessary suffering and right to humane treatment. Moreover, their current level of protection closely resembles the right to cetacean life indicative of ocean justice, suggesting that whales are leading the charge in the development of international animal law.
Source: Marine Policy
Author: Snjólaug Árnadóttir
Institution: Reykjavík University
Language: English
Topic: Animal Law and Welfare
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $4,260
OpenAlex ID: W7169868189