International Human Rights Law and the Rights of Indigenous Peoples in Relation to Marine Space and Resources

Enyew, Endalew Lijalem

doi:10.5040/9781509928675.ch-002

Cited by 3 publications

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“…Recourse to 'custom' by colonial authorities could also be a means to contain legal claims by Indigenous groups by refusing to recognise claims as 'customary'. This is particularly pertinent as colonial administrations may have been willing to accommodate existing and imagined tenure rights on land-whether collective or individual ownership-but marine tenure was less translatable to colonial legal systems (Allen et al 2019;Enyew 2019). Dominion over foreshore areas was claimed by the state while the high seas remained unownable, and neither could accommodate Indigenous claims to propertied rights over marine areas (Curran et al 2020).…”

Section: Constructing 'Customary' Law Indigeneity and 'Traditional' Usage Rightsmentioning

confidence: 99%

European colonisation, law, and Indigenous marine dispossession: historical perspectives on the construction and entrenchment of unequal marine governance

Wilson

2021

Maritime Studies

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European colonisation played a fundamental role in Indigenous marine dispossession and the entrenchment of unequal and state-dominated marine governance regimes across diverse bodies of water. This article charts this process, utilising examples from waters and communities across the globe that experienced disparate forms of European colonisation and marine dispossession. These examples span between the sixteenth and twenty-first centuries and traverse waters from the Caribbean to Oceania. This long historical context is necessary to interrogating how colonisation has produced unequal access to marine space, resources, and decision-making in different ways through different methods across time and space, which continues to this day. One of the article’s main contentions is that marine dispossession played out vastly differently across each locale and that it is only with deep and highly localised historical study that the heterogenous impacts and ongoing legacies of colonisation on the marine rights, governance, and access of specific Indigenous Peoples and local communities can begin to be grappled with. While the rights of Indigenous Peoples and local communities to marine spaces and resources have received some affirmation within recent international legal instruments, including the protection of customary marine tenure and access to aquatic resources, there continues to be key constraints surrounding the definitions, representations, and jurisdictions of Indigenous or ‘customary’ marine rights as they have been codified or ‘recognised’ within national and interstate frameworks. This has led to fundamental challenges that need to be navigated time and time again in order to attain, claim, or protect Indigenous and ‘customary’ marine jurisdictions. As this article outlines, the emergence of these issues is intrinsically tied to the colonisation of terrestrial and marine spaces. To understand these ongoing struggles, we need to pay close attention to the deep entanglements of law, colonialism, and marine rights in the past and present.

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Section: Constructing 'Customary' Law Indigeneity and 'Traditional' Usage Rightsmentioning

confidence: 99%

European colonisation, law, and Indigenous marine dispossession: historical perspectives on the construction and entrenchment of unequal marine governance

Wilson

2021

Maritime Studies

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Old Sea, New Ice: sea ice geoengineering and indigenous rights in Arctic Ocean governance

Chuffart,

Cooper,

Wood-Donnelly

et al. 2023

The Polar Journal

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European Colonisation, Law, and Indigenous Marine Dispossession

Wilson

2021

SSRN Journal

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International Human Rights Law and the Rights of Indigenous Peoples in Relation to Marine Space and Resources

Cited by 3 publications

References 0 publications

European colonisation, law, and Indigenous marine dispossession: historical perspectives on the construction and entrenchment of unequal marine governance

European colonisation, law, and Indigenous marine dispossession: historical perspectives on the construction and entrenchment of unequal marine governance

Old Sea, New Ice: sea ice geoengineering and indigenous rights in Arctic Ocean governance

European Colonisation, Law, and Indigenous Marine Dispossession

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