Indigenous Peoples, Marine Space and Resources, and International Law

Book excerpt: 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.