Indigenous Transnational Environmental Justice: The Case of Aotearoa

Abstract

The recent signing of He Whakaputanga Moana (2024; The Declaration for the Ocean) marks a watershed moment in cetacean protectionism and Indigenous rights across the Pacific. This treaty provides cetaceans, including sperm whales and Hector's dolphins, legal personhood and creates new ways to safeguard these culturally important animals. It represents one of the first examples of contemporary Indigenous transnational autonomy across the Pacific, and demonstrates that many communities are reinstating control of their traditional lands and waters. This article reimagines contemporary environmental policy through the treaty, specifically focusing on Aotearoa’s Māori communities, and critically examines its wider impacts. The discussion highlights He Whakaputanga Moana's key role in fostering species justice, despite significant challenges enforcing the treaty and protecting marine mammals. Moreover, the authors argue this agreement represents a burgeoning and crucial space for Indigenous governance in the region, and promotes innovative environmental responses that focus on cultural relativism.

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Except where otherwise noted, content in this journal is licensed under a Creative Commons Attribution 4.0 International License.
Published: 2026-03-02
Pages:69 to 82
Section:Special Issue: Voices from Oceania
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How to Cite
Whitehead, J. and Doornbos, E. (2026) “Indigenous Transnational Environmental Justice: The Case of Aotearoa”, International Journal for Crime, Justice and Social Democracy, 15(1), pp. 69-82. doi: 10.5204/ijcjsd.4186.

Author Biographies

Nottingham Trent University
 United Kingdom

John is Senior Lecturer of Criminology at Nottingham Trent University. His work focuses on Indigenous autonomy and the importance of customary justice practices, and traditional leaders and their role in decolonising the Global South.

Nottingham Trent University
 United Kingdom

Elliot Doornbos is a Senior Lecturer of Criminology in the Criminal Justice Department at Nottingham Trent University, with research interests in green criminology, species justice and transnational organised crime. He is currently studying for his doctorate in whale shark fin trafficking and enforcement challenges.