The law of the sea

Endalew Lijalem Enyew

Chapter 39 in Research Handbook on Third World Approaches to International Law (TWAIL), 2025, pp 463-483 from Edward Elgar Publishing

Abstract: This chapter critically explores the limits and possibilities of the law of the sea in addressing the concerns and special circumstances of Third World States (TWS) and peoples, both from a historical perspective and selected contemporary developments. The historical side of the chapter highlights the early conceptualization of the doctrine of the freedom of the sea and the evolving impacts it imposed on TWS and peoples, as well as canvasses the roles and influences of TWS in the adoption of the LOSC and the creation of new legal-spatial architecture of the ocean space. The chapter further highlights current debates on two key issues of the law of the sea, namely (i) climate change-induced sea-level rise and some novel approaches that Small Island Developing States have adopted to protect their maritime interests, and (ii) the governance of marine genetic resources under the recently adopted BBNJ Agreement.

Keywords: Third World States; Law of the sea; Sea level rise; Maritime zones; Marine genetic resources; Biological diversity beyond national jurisdiction (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789901511
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