The article describes some common features of Indigenous sea cosmovisions (through examples from Oceania and the Arctic region), from which an understanding of ocean governance rooted in the interconnectedness of all life and the importance of protecting water and people emerges. Hence, the model of ocean (or water) connectivity is characterized by the understanding of ocean-human relationships as a continuum of connections between human and non-human elements. In line with the normative recognition of the sacredness of water, the interconnectedness of all life, and the importance of protecting the sea, Indigenous peoples’ law provides insights and implementation solutions for the restoration of marine ecosystems. This study aims to identify blind spots of the current law-of-the-sea regime, where marine ecological connectivity is not fully recognized as a foundational pillar of effective ocean protection. It also suggests approaches towards knowledge integration mechanisms that could minimize critical issues in ocean governance by enabling the enshrinement of Indigenous nature-oriented approaches within the law of the sea regulatory framework (especially focusing on the high seas’ regime). The work is structured into three main parts: a comprehensive overview of connectivity conceptualizations drawn from Indigenous cosmovisions; reflections on the model’s capability to address law-of-the-sea’s systemic challenges; and concluding reflections on possible future trajectories in law-of-the-sea that could encompass elements of the analyzed model.
The right to Permanent Sovereignty over Natural Resources (PSNR) emerged in the era of decolonization. As a reaction to the irresponsible exploitation of natural resources by colonial powers, peoples under colonial rule and newly independent developing states asserted the right to control and dispose of their own natural resources. The UN General Assembly recognized and reinforced these claims by adopting a series of resolutions relating to the right to PSNR so as to facilitate the process of decolonization. However, the subjects of the right to PSNR have expanded to include 'all peoples' due to legal developments in international law pertaining to the right to self-determination of peoples and other human rights standards. This article explores the contemporary application of the right to PSNR for indigenous peoples, by virtue of their being 'peoples', tracing various developments in international law relating to indigenous peoples since the inception of PSNR in the 1950s.
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