Critical Race Theory and the Law of the Sea: Bringing CRT ‘Offshore’

This article argues for the urgent need to bring critical race theory (CRT) into conversation with the international law of the sea (ILOS). CRT recognises race and law as inextricably linked, interrogating how legal systems create and uphold racial subordination. While CRT scholarship has expanded from its origins in the United States into international law, it has yet to explicitly engage with the sea. Taking literally Penelope Andrews’ 2000 call to ‘take CRT offshore’, this article underscores the importance of bringing CRT and ILOS into dialogue, highlighting three reasons why race, law and the sea must be examined together. First, race distinctly shapes experiences at sea, in ways compounded by, but not reducible to, other forces such as empire and capitalism. Second, in structuring protections and power at sea, ILOS may entrench racial subordination despite appearing neutral. Finally, the sea is a unique physical and legal space, with differences from land that demand critical attention. The article therefore calls for placing race on the agenda of ILOS, and the sea on the agenda of CRT, to expose how the law may uphold racial power offshore.