A Review of the International Tribunal for the Law of the Sea from a Human Rights Perspective
Year: 2025
Type: article
Abstract: The presence of ships and individuals at sea raises critical questions regarding the compliance of coastal and port states with fundamental human rights obligations, particularly in situations involving the detention of vessels or when individuals face peril at sea. Among the most significant domains of international law addressing these concerns is the law of the sea. Although the law of the sea has evolved alongside maritime activity for centuries, limited attention has historically been devoted to the applicability and enforcement of human rights norms in maritime contexts. Nevertheless, key instruments, most notably the United Nations Convention on the Law of the Sea (UNCLOS), explicitly recognize the relevance of human rights at sea. Scholars and commentators have emphasized that certain provisions of UNCLOS embody human rights principles, yet these have often been underutilized in practice. While the identification and implementation of human rights obligations within the maritime legal framework remain complex and challenging, UNCLOS nevertheless affirms specific human rights duties in several of its provisions. A fundamental question persists: do individuals at sea possess enforceable human rights, and do states bear an unequivocal duty to protect and ensure the realization of these rights? This article critically examines human rights considerations within UNCLOS and analyzes the jurisprudence of the International Tribunal for the Law of the Sea, elucidating the extent to which human rights obligations are recognized and enforced in maritime law.
Author: Prof. Dr. Mohammad Ekram YAWAR1*, Muaiyid Rasooli2
Language: English
Subfield: Management, Monitoring, Policy and Law
Field: Environmental Science
Domain: Physical Sciences
Open Access status: green
OpenAlex ID: W7105861958
FWCI:
Cites:
Cited by:
Related to: