Interaction between the law of the sea and the rights of indigenous peoples

Enyew, Endalew Lijalem; Bankes, Nigel

doi:10.4324/9781003091196-7

Cited by 3 publications

(2 citation statements)

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“…Under the latter regime, everyday mobilities became governed by the economic rationale of states' Exclusive Economic Zones (EEZ), an area of 200 nautical miles (230 miles) beyond a nation's territorial sea, in which states retain exclusive rights to the exploration and exploitation of both living and non-living resources. Legally introduced to settle jurisdiction within bounded waters, indigenous people's rights have become entangled within the politics of states' territorial disputes and sea international regimes that barely recognize ancestral marine entitlements (Enyew & Bankes, 2022). The ocean justice literature consistently describes the environmental and social injustices experienced by coastal peoples within and beyond the EEZ, emphasizing the need for multi-scalar, transdisciplinary, and more-than-human ways of governing the oceans.…”

Section: Theoretical Vantagepointsmentioning

confidence: 99%

The Sea Unites Us but It Is Governed to Keep Us Apart: Restoring the Creole Afro-Indigenous Sea Mobilities in the Southwestern Caribbean.

Garcia Ch.

2024

Island Studies Journal

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Increasingly, marine governance advocates for ocean justice and, within it, the rights of coastal communities and indigenous people over the ocean space. Yet, international and state sea regimes strengthen border restrictions, impeding people’s mobilities and fracturing the sea interconnectedness. Against this backdrop and delving into the empirical data gathered through ethnographical research, the paper examines the intangible and the material sea (im)mobilities experienced by the Creole Afro-Indigenous communities in the Corn Islands and the San Andres Archipelago in the Southwestern Caribbean Sea. Through the lens of critical ocean geography and mobility studies, it reveals how the maritime boundary regimes and the frameworks of oceans territoriality have impacted indigenous island spatialities in the Nicaraguan-Colombian marine border area for the last decades, disrupting family and social connections, weakening the communities’ autonomy, and impeding food and provisions supply between the islands, thus threatening the indigenous rights with implications for ocean justice. The paper finally considers Creole Afro-Indigenous maritime activism’s prominent role in decolonizing marine governance in the Greater Caribbean region, suggesting the relevance of laws, norms, structures and ocean governance institutions to acknowledge and incorporate these alternative legalities.

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Section: Theoretical Vantagepointsmentioning

confidence: 99%

The Sea Unites Us but It Is Governed to Keep Us Apart: Restoring the Creole Afro-Indigenous Sea Mobilities in the Southwestern Caribbean.

Garcia Ch.

2024

Island Studies Journal

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“…They call for recognition of fishing rights of some indigenous groups, such as the Saami people in Norway, the Maori in New Zealand, and Chagossian in the Chagos Archipelago, since they have property rights over their territories including coastal areas under UNDRIP (Toki, 2010). 94 The law of the sea scholars suggest that "the coastal State can and should exercise its authority in relation to these resource rights in a way that also fulfills its obligations under international human rights law as it pertains to indigenous peoples" (Enyew and Bankes, 2022). Some sociocultural scholars additionally point out that, "the framework for solving maritime disputes together with the existing body of rules and policies concerning coastal livelihood protection and the preservation of marine ecosystems, might require the judicial bodies to reconsider how such processes can take account of the environmental and human dimensions" (Chaves and Gupta, 2022).…”

Section: Whether Raizales' Fishing Rights Are Analogous To Indigenous...mentioning

confidence: 99%

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

Wang

Xu²

2023

Front. Mar. Sci.

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With respect to the Nicaragua v. Colombia case in 2022, whether Colombian fishermen in the San Andrés Archipelago, particularly the Raizales, have traditional fishing rights in the Nicaraguan Exclusive Economic Zone (EEZ) is one of controversial issues. Since Colombia is not a party to the United Nations Convention on the Law of the Sea (UNCLOS), the International Court of Justice (the Court or the ICJ) embodied customary international law as applicable law. It adopted a two-step method to examine Colombian claims and found that their fishermen did not enjoy traditional fishing rights. The Court found that affidavits of Colombian fishermen as major evidence were too sparse to prove the existence of a long-standing fishing practice. In light of a series of statements from the Nicaraguan President, there was a neither express nor implied recognition of traditional fishing rights of Colombian fishermen. This study reviews the ICJ’s judgment from three aspects. First, the paper will evaluate the Court’s (in)flexibility about the time requirement when examining the spanning period of a long-standing practice relating to traditional fishing activities. Second, concerning whether or in which circumstances the traditional fishing rights of a particular community can survive the establishment of the EEZ of another State, the Court found it unnecessary to examine this issue, the paper will also appraise potential legal impacts at this regard. Third, the Court did not identify Colombian claims of traditional fishing rights as indigenous rights, particularly for the Raizales. An increasing number of scholars of the law of the sea call for applying human rights norms to UNCLOS provisions, but the Court takes a cautious attitude in this regard. The paper will make more comments on the interaction between human rights law and the law of the sea.

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Role of the Indigenous Exceptions in International Economic Law for Effective Protection of Indigenous Peoples’ Rights and Interests: A Case Study of Mexico – GE Corn Dispute under the USMCA

Kobayashi

2024

Polar Science

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Interaction between the law of the sea and the rights of indigenous peoples

Cited by 3 publications

References 0 publications

The Sea Unites Us but It Is Governed to Keep Us Apart: Restoring the Creole Afro-Indigenous Sea Mobilities in the Southwestern Caribbean.

The Sea Unites Us but It Is Governed to Keep Us Apart: Restoring the Creole Afro-Indigenous Sea Mobilities in the Southwestern Caribbean.

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

Role of the Indigenous Exceptions in International Economic Law for Effective Protection of Indigenous Peoples’ Rights and Interests: A Case Study of Mexico – GE Corn Dispute under the USMCA

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