Cetacean Cultural Rights: A Third Generation of Rights at Sea

Authors

David Peña-Guzmán, San Francisco State University

First Page

83

Abstract

This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that cetaceans meet these three criteria and thus the law should recognize cetaceans' third-generation rights. Finally, the Article reflects on what the third-generation rights of cetaceans might look like in practice and how incorporating them into domestic and international law could improve human's relationship with cetaceans in the future.

Recommended Citation

David Peña-Guzmán, Cetacean Cultural Rights: A Third Generation of Rights at Sea, 27 Animal L. Rev. 83 (2021).
Available at: https://lawcommons.lclark.edu/alr/vol27/iss1/5