Addressing the Challenges of Applying Human Rights Law at Sea

Abstract It is now generally accepted that human rights law applies at sea, yet uncertainty remains as to how it operates within the maritime domain. The United Nations Convention on the Law of the Sea contains few references to the treatment of individuals and many of the central concepts of the law of the sea that are reflected in it—such as functional zones of maritime jurisdiction, flag State jurisdiction and the freedoms of the seas—present challenges to the effective application of human rights law. Moreover, human rights law was developed with a terrestrial focus, making its application at sea equally problematic. This article argues that before practical solutions can be proposed to address this conflict of regimes, it needs to be recognised that human rights law does not apply at sea in the same way that it applies on land: the practical realities of the maritime environment shape the scope and content of rights. It argues that there is a need to clarify what constitutes a genuine human rights issue in the maritime domain, distinguishing these from other forms of poor treatment or regulatory non-compliance. It examines how the law of the sea and human rights law might interact more effectively, considering both conceptual and contextual adjustments necessary for realistic and enforceable protection of human rights in the maritime domain.