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

This chapter explores the interaction between the law of the sea and the law pertaining to the rights of indigenous peoples. It argues that the powers that the United Nations Convention on the Law of the Sea (LOSC) affords to States must be exercised in a manner that is consistent with the rights of indigenous peoples in relation to marine areas. The LOSC also expressly recognizes that in some cases State powers and rights might be exercised only in accordance with other norms of international law. The chapter examines the interaction between the LOSC and the rights of indigenous peoples with respect to the use of marine spaces. There is ample authority to support the application of human rights norms to marine spaces where the context requires. It is possible that Article 7(5) of the LOSC may allow a coastal State to rely on indigenous use patterns to support a more extensive claim of internal waters.