Abstract
LL.M. (Human Rights Law)
Figures released recently by the South African Department of Environmental Affairs indicate that rhino are being poached in South Africa at an alarmingly high rate, meaning that they are being used like a never-ending commercial resource. It has been debated in South Africa that, if legal trade in rhino horn were to be introduced, it may be a solution to curbing rhino poaching. There are animal rights views that condemn the use and exploitation of nonhuman animals for the financial gain of human beings, one of the foremost rights views being that of Tom Regan. In his view, he proposes ways in which nonhuman animals can be perceived as more than just commercial resources. He elaborates on how nonhuman animals can be regarded as beings in their own right with a unique value that entitles them to respectful treatment and, at the very least, protection from harm and cruel treatment. Analyses and arguments made in this dissertation are not rooted in what the economic consequences of having trade in rhino horn would be. They are rooted in morality and in law to demonstrate why trade should be seen as a solution that is a last resort to curbing rhino poaching. The first chapter of this dissertation concerns itself with unpacking the central tenets and principles of Regan’s rights view in the context of how nonhuman animals can be regarded as beings rather than resources. The second chapter provides an analysis of approaches in environmental ethics that are relevant for preserving the rhino for future generations and how this could be achieved with reference to Regan’s rights view. The third chapter deals with the application of Regan’s rights view to legal and illegal trade in rhino horn. This will also include evaluation of plausible methods for securing rhino horn that are available in the event that legal trade in rhino horn is accepted as a solution to the current rhino poaching situation in South Africa.