An Overview of the Interaction Between Human Rights and the Law of the Sea: Toward the Humanization of Maritime Law

Human rights violations at sea often remain less visible than those occurring on land, and therefore, receive limited attention from the international community. However, the protection of human rights must extend to the seas with equal force. The growing interaction between human rights law and the law of the sea has provided the foundation for the humanization of maritime law. One contributing factor to the fragmentation of international law is the emergence of self-contained and highly specialized regimes. Among these are the law of the sea and human rights law, each with distinct sources and enforcement mechanisms. Nevertheless, their intersection is both inevitable and necessary. This interaction can be viewed as an opportunity to strengthen international law and further consolidate the rule of law at sea. While the traditional purpose of the law of the sea has been to regulate relations among states, recent developments highlight the importance of recognizing the individual–state relationship in maritime contexts. This shift underscores the growing significance of human rights in shaping and humanizing the law of the sea.