ABSTRACT

This book explored the international legal framework applicable to the rights of indigenous peoples to marine space and marine resources through three research questions. It demonstrates that, unlike the pre-classical and classical periods of international law, indigenous peoples have acquired a unique status in contemporary international law. The book emphasizes that international human rights law applies equally to both terrestrial and marine areas. It clearly shows that there is no compelling reason to treat marine spaces and resources – that have been integral to the economic survival, spiritual, and cultural life of indigenous peoples for centuries – differently from terrestrial areas and terrestrial natural resources. The book acknowledges that the practice of UN human rights treaty monitoring bodies and regional human rights courts and commissions in interpreting and applying general norms to the specific contexts of the rights of indigenous peoples to marine space and marine resources is limited.