Ownership of the Oceans: Navigating Indigenous Rights and International Law

The question of who owns the oceans and the marine resources within them has long been a complex and contentious issue, particularly when it comes to the rights of indigenous peoples. A new book by Endalew Lijalem Enyew, a senior researcher at the Norwegian Centre for the Law of the Sea, delves into this multifaceted topic, examining the extent to which international law recognizes and protects the rights of indigenous peoples to marine spaces and resources.

Why this matters: The resolution of indigenous peoples' rights to marine spaces and resources has significant implications for the management of the world's oceans and the conservation of marine biodiversity. It also highlights the need for international cooperation and recognition of indigenous rights in the face of growing global challenges such as climate change and overfishing.

Enyew's book, titled "Indigenous Peoples' Rights to Marine Space and Marine Resources under International Law," addresses three main issues: the extent of international law's recognition and protection of indigenous peoples' rights to marine space and resources, the interaction between the law of the sea and international human rights law pertaining to these rights, and the limitations of the law of the sea regime on coastal states' capacity to recognize and implement indigenous peoples' rights to marine space and resources.

The book is divided into three parts. Part I sets the stage by introducing the topic and providing a historical overview of the evolution of international law in relation to indigenous peoples' rights to lands, marine space, and natural resources. Part II examines international human rights law and its application to indigenous peoples' rights to these spaces and resources.

Part III delves into the law of the sea and its interaction with the rights of indigenous peoples. It analyzes the rights and obligations of coastal states with respect to marine living resources under the law of the sea and explores the interaction between human rights of indigenous peoples and the law of the sea. Specific topics are discussed, such as the rights of indigenous peoples to harvest marine mammals and traditionalfishing rightswithin maritime zones of other states.

Enyew brings a wealth of expertise to this subject matter. He holds a PhD in Law from UiT-The Arctic University of Norway, an MPhil in Peace and Conflict Transformation from the University of Tromsø, an LLM in Business Law from Addis Ababa University, and an LLB from Hawassa University. His book provides a comprehensive examination of a complex issue that sits at the intersection of indigenous rights, international law, and the governance of marine resources.

As debates over the ownership and stewardship of the world's oceans continue, Enyew's book offers a timely and in-depth analysis of the legal frameworks that shape the rights of indigenous peoples to marine spaces and resources. It navigates the complex interplay between international human rights law and the law of the sea, shedding light on a critical yet often overlooked aspect ofocean governance.

Key Takeaways

• New book examines indigenous peoples' rights to marine spaces and resources under international law.
• Resolution of indigenous rights has implications for ocean management and marine biodiversity conservation.
• Book explores interaction between law of the sea and international human rights law.
• Author Endalew Lijalem Enyew brings expertise in law, peace, and conflict transformation.
• Book provides timely analysis of legal frameworks shaping indigenous rights to marine resources.