Transformation of the law of the sea into an equitable legal order: international solidarity for ocean commons

Alla Pozdnakova

Chapter 17 in Research Handbook on International Solidarity and the Law, 2024, pp 366-398 from Edward Elgar Publishing

Abstract: Alla Pozdnakova analyses the role and relevance of solidarity in the regulation of marine resources under the law of the sea. She argues that the recognition of solidarity as a universal, overarching principle of law can contribute to a paradigm shift in the law of the sea, transforming it from a state-centric regime to an international legal order founded on international community interests. Recognition of solidarity as a fundamental value and an overarching principle of the law of the sea is necessary for the transformation of the law of the sea into an equitable and just legal order. The reach and approach to solidarity for marine resources under UNCLOS is largely influenced by the ‘zonal’ approach to state jurisdiction and sovereign rights to marine resources, with considerable variations in the degree of inclusiveness (boundaries), foundations, goals, and the degree of collective orientation required by the law of the sea. While solidarity may become a transformative force for the ocean commons regime, the conceptual framework for solidarity is still in its early stages of development. Conceptualization of solidarity with regard to ocean commons as a human right would also be a desirable development, even if too revolutionary as the law of the sea stands at the moment. The discussion shows that the increasing support for the human right to a healthy environment may, however, pave the way for the recognition of a right to solidarity in the law of the sea.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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