Can whales acquire legal personality? Law firms are breaking new ground

It has been described as a groundbreaking step for environmental law and one inspired by the legacy of the late Maori king; It is also one created in the offices of a London law firm on the Thames – the one-time world capital of the whale oil industry. This, of course, is the development of the groundbreaking new bill that grants legal personality to whales and other cetaceans.

The initiative, which will help governments grant such status to whales and other cetaceans, is not only guided by the teachings of Tūheitia Pōtatau Te Wherowhero VII – the late Maori King – and the historic Ocean Declaration Agreement signed earlier this year was signed, but also comes with the opportunity to “redefine humanity’s relationship with the entire natural world.”

The proposed law is called “Te Mana o Te Tohorā” (which translates to “the enduring power of whales”) and provides an opportunity for nations to adopt similar legislation and contribute to a global movement that recognizes the rights of nature.

Developed by the Pacific Whale Fund in collaboration with Simmons & Simmons London and Ocean Vision Legal, the law aims to set a new global benchmark for environmental protection. The framework focuses on the concept of a “legal person” – an entity whose status is recognized within the justice system, a status traditionally reserved for people, community organizations and businesses.

“Te Mana o Te Tohorā provides a compelling model for how natural rights frameworks can be used to protect the ocean and recognize the interconnectedness of all living things,” said Michelle Bender, natural rights expert at Ocean Vision Legal who helped draft the bill . “By integrating Indigenous values ​​and perspectives, the bill provides innovative solutions to protect whales and their habitats, while recognizing the critical role of Indigenous peoples and local communities as stewards of the ocean.

“Te Mana o Te Tohorā shows how we can create more effective, fair and holistic legal frameworks by drawing on centuries of indigenous wisdom.”

Drafted as a pro bono initiative supported by London lawmakers Simmons & Simmons, the bill helps highlight changing perspectives on the UK’s long and difficult history with cetaceans. It is a contradictory and legendary story based on the fact that London was once considered a central hub of the British whale oil industry.

The introduction of the law represents a bridge between the Pacific and the UK in a powerful act of reconciliation, said Maori conservationist Mere Takoko, chief executive of the Pacific Whale Fund.

“In the past, European powers, including Britain, have decimated whale populations in the Pacific. “The presentation of Te Mana o Te Tohorā in the capital is a significant step towards recognizing this past, reconciling with our history and forging a new path of collaboration to protect the oceans,” Takoko said.

“And where whale oil once lit the streets (of London), the bill sets out a path to respect and protect these sea giants that Maori consider ancestral. Our goal is to create a global change in the way we perceive and protect whales.”