The Rights of Indigenous Peoples to Marine Space and Marine Resources under International Law

Abstract

This thesis explores the extent to which international law recognizes and protects the customary rights of coastal indigenous peoples to marine space and marine resources. The thesis explores the principal instruments of the law of the sea and international human rights law pertaining to indigenous peoples as well as the relevant case law. The thesis also specifically examines those multilateral and bilateral treaties/agreements relating to the law of the sea – including agreements dealing with conservation and management of marine mammals and agreements relating to maritime boundary delimitation – that recognize and afford special arrangements for the recognition of traditional fishing rights of indigenous communities. It also uncovers the limitations of those instruments. The thesis demonstrates that exploiting all available openings in international human rights law and the law of the sea – including interpreting and applying existing rules and principles in an evolutionary manner – is a worthwhile strategy in advancing the rights of indigenous peoples in relation to marine space and marine resources. It also shows that an integrated approach to the law of the sea and international human rights law affords enhanced recognition of indigenous rights to marine space and marine resources. This integrated approach creates a more respectful and pluralist understanding of the relationships between indigenous peoples and the State or States within which they live or practice such rights.