Animal Law Review

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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.

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