The Future of the Oceans: The Role of Human Rights and International Environmental Law in Shaping the Law of the Sea

Abstract

The law which regulates the use of the oceans is one of the oldest branches of international law. It is consequently deeply rooted in traditional understandings of foundational principles, such as sovereignty, territory, and subjectivity. The multiplication of activities and of sea users emphasizes the importance of the legal framework and its tenants by increasingly requiring the law of the sea to interact, in particular, with international environmental law and human rights law. The present chapter compares the law of sea/international environmental law interaction with the law of the sea/human rights law interaction to identify factors and pathways that facilitate or hinder the impact of environmental law and human rights on the law of the sea. The analysis aims to offer tools to better understand how international environmental law and human rights law are shaping the present and future of ocean governance.