UDTR Global Rights of Nature Radar

Ocean as a space of rights for whales

Identification

Public canonical key

doi:10.1016/j.marpol.2026.107200

Authors

Snjólaug Árnadóttir

Reported year

2026

Reported language

en

Source type

article

First detected

2026-11-09T19:14:45.216887+00:00

Last metadata observation

2026-11-10T13:56:29.748380+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Reykjavík University

Documentary abstract — original language

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.

Identifiers

OPENALEX

W7169868189

DOI

10.1016/j.marpol.2026.107200

Documentary context

Documentary family

Scholarship

Source-reported types

article

Natural entities mentioned

Ocean · Sea · Species

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.1016/j.marpol.2026.107200
• OpenAlex · https://openalex.org/W7169868189

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w2035615674 · CITES
• openalex:w2072300695 · CITES
• openalex:w2086380543 · CITES
• openalex:w2094645899 · CITES
• openalex:w2106784902 · CITES
• openalex:w2127024051 · CITES
• openalex:w2132281957 · CITES
• openalex:w2153418948 · CITES
• openalex:w2165677705 · CITES
• Representing Non-Human Interests · CITES
• openalex:w2754411807 · CITES
• openalex:w2784648599 · CITES
• openalex:w2806231026 · CITES
• openalex:w2914007996 · CITES
• openalex:w2972211790 · CITES
• openalex:w3038018871 · CITES
• openalex:w3090313642 · CITES
• openalex:w3090356336 · CITES
• Editorial: Animal rights: interconnections with human rights and the environment · CITES
• The conceptual challenges of invasive alien species to non-human rights · CITES

0 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.