Human Rights at Sea and the Law of the Sea

Abstract

We must note that it is through the principle of interState sharing that the law of the sea was instituted, making individual interests eventually laid to rest. That is to say, individuals are deprived of locus Standi because only on behalf of States can a matter be brought before the International Tribunal for the Law of the Sea. However, International Courts and Tribunal called to settle disputes under UNCLOS are bound by article 293 of the Convention under which the law applicably consists of the said Convention and other rules of international law not incompatible with it.

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

“…In recent years, "the question of the application of human rights to the maritime sphere has risen sharply up the agenda" (Whomersley, 2023). International scholars in the law of the sea have examined how rules and norms under international human rights are applied in the law of the sea (Papanicolopulu, 2014;Ndiaye, 2019;Petrig and Bo, 2019;Maguire, 2020;Papastavridis, 2020;Haines, 2021;Klein, 2022;Petrig, 2022). One of academic focuses is the interaction between the law of the sea and indigenous peoples.…”

Búsqueda y salvamento en el mar: a caballo entre el deber de socorro y los intereses de los Estados ribereños

“…The avenues for claims are summarised in the next table: In preparing the procedural aspects it may be worthwhile to consult doctrinal aspects of human rights specifically related to the law of the sea (Cacciaguidi-Fahy, 2018;Ndiaye, 2019;Treves, 2010). For the international law related to migrant smuggling see (Gallagher &David, 2014), 586 and(Attard, 2020) and the UNODC document: Model Law Against Smuggling of Migrants 587 containing mandatory and optional "provisions that the Protocol requires or recommends that States introduce in their domestic legislation" (p. 1).…”