Legal Protection for Whales: Capabilities, Entitlements, and Culture

Wichert, Rachel Nussbaum; Nussbaum, Martha C.

doi:10.1007/978-3-319-66568-9_5

Cited by 19 publications

(2 citation statements)

References 5 publications

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“…Subjects of justice are also groups and collectives and categories within these groups, including class (Bullard, 1990), race (Bullard, 1994), genders, countries (Graness, 2015), states of development (Scobie, 2013), indigenous peoples (Schroeder, 2010), etc. There is arguably a hierarchy between subjects, depending on their qualities, instrumental and intrinsic worth (Northcott, 2016), self‐awareness and legal standing (Wichert and Nussbaum, 2017). Some subjects are agents with power (Dellas et al, 2011) and authority (Biermann et al, 2010; Dellas et al, 2011) within governance structures and communities.…”

Section: Environmental Justice Framework For Preamblesmentioning

confidence: 99%

Treaty Preambles and The Environmental Justice Gap

Scobie

2021

Global Policy

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Global environmental architectures have the potential to reduce inequalities, however, legal, and political procedures and structures may also increase injustices and disempowerment. Multilateral environmental agreements create large regimes over some of the most expansive planetary systems. Contracting states list the purposes, motivations and considerations that led them to conclude legally binding agreements in treaty preambles that are an interpretive tool, a declaration of context, motivation, and intent of the contracting states or parties. This study produces an environmental justice conceptual framework that references the scholarship on environmental justice and environmental governance, outlines the elements required to introduce environmental justice debates into treaty preambles, and gives an example of its application to determine whether the preambles include justice concepts. The preambles selected are from treaties with broad geographic and subject matter scope: they regulate oceans, climate, and biodiversity, the transport of waste, mercury pollution, migratory and endangered species, and wetlands. Using the environmental justice conceptual framework, the study found a justice gap between how justice is addressed in justice debates and literatures and the stated intent of the contracting parties in the preambles. The conclusions support the literature that argues that multilateral environmental agreements (MEAs) are ahistorical as regards the moral responsibility that lies at the heart of the definitions of justice.

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Section: Environmental Justice Framework For Preamblesmentioning

confidence: 99%

Treaty Preambles and The Environmental Justice Gap

Scobie

2021

Global Policy

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“…Especially during earlier eras of limited communication and transportation opportunities, local communities developed diets based on scarce resources, skills and knowledge (Nuttall et al 2005). The whale, rich in energy and protein, was fundamental to the subsistence of many communities, and its cultural significance is testified by appearances in myths, legends and indigenous traditions (Wichert and Nussbaum 2017).…”

Section: Community Cohesiveness and Cultural Identitymentioning

confidence: 99%

Reflections on the ecosystem services of whales and valuing their contribution to human well-being

Cook

Malinauskaitė

Davíðsdóttir

et al. 2020

Ocean & Coastal Management

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Questioning Customs and Traditions in Culinary Ethics: the Case of Cruel and Environmentally Damaging Food Practices

Létourneau

Pigeon

2023

Food ethics

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Culinary traditions and food practices are at the center of our daily lives and therefore constitute an important part of culture. Whether they are part of significant rituals or simply routinely enacted, they tell us something about the way we relate to each other and to the non-human world. In other words, food practices have an ethical dimension. Our paper focuses on the possibility to make objective ethical assessments of problematic cultural practices rooted in culinary traditions as a reply to arguments associated with an ethical relativism according to which cultures produce ethical systems that are self-validating and therefore that cannot be criticized objectively. Drawing from examples involving animal cruelty and production methods harmful to the environment, we argue that it is possible to judge ethically questionable food practices from an objectivist standpoint inspired by moral progress, in contrario to a relativist point of view. Following a short discussion of ethical relativism, we present the outline of an acceptability test for questionable food practices and use it to analyse the case of the dog meat industry in South Korea.

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Legal Protection for Whales: Capabilities, Entitlements, and Culture

Cited by 19 publications

References 5 publications

Treaty Preambles and The Environmental Justice Gap

Treaty Preambles and The Environmental Justice Gap

Reflections on the ecosystem services of whales and valuing their contribution to human well-being

Questioning Customs and Traditions in Culinary Ethics: the Case of Cruel and Environmentally Damaging Food Practices

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