1st Edition
Indigenous Peoples, Marine Space and Resources, and International Law The Interaction Between International Human Rights Law and the Law of the Sea
This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.
Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.
The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
Part I Setting the Stage: Introduction and Historical Overview 1. Setting the Stage 2. The Evolution of International Law in Relation to the Rights of Indigenous Peoples to Lands, Marine Space, and Natural Resources: A Historical Sketch Part II International Human Rights Law and the Rights of Indigenous Peoples to Lands, Marine Space and Natural Resources 3. International Human Rights Law and Indigenous Peoples: Norms Relevant to the Rights to Lands and Natural Resources 4. Application of International Human Rights Law to the Rights of Indigenous Peoples in Relation to Marine Space and Marine Resources Part III Law of the Sea and its Interaction with the Rights of Indigenous Peoples 5. Rights and Obligations of Coastal States with Respect to Marine Living Resources under the Law of the Sea 6. Interaction between the Human Rights of Indigenous Peoples and the Law of the Sea 7. The Rights of Indigenous Peoples to Harvest Marine Mammals 8. Beyond International Maritime Boundaries: Traditional Fishing Rights of Indigenous Peoples within Maritime Zones of Other States 9. Conclusions
Biography
Endalew Lijalem Enyew is a senior Researcher at the Norwegian Centre for the Law of the Sea, Faculty of Law, UiT-The Arctic University of Norway. Endalew holds a PhD in Law from Uit-The Artic Univeristy of Norway in 2020, an MPhil in Peace and Conflict Transformation from University of Tromsø in 2013, LLMin in Business Law from Addis Ababa University in 2011, and LLB from Hawassa University in 2009.
