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The law of the sea and the exercise of free speech and protest rights

Caddell, Richard 2022. The law of the sea and the exercise of free speech and protest rights. Matz-Luck, Nele, Jensen, Oystein and Johansen, Elise, eds. The Law of the Sea: Normative Context and Interactions with other Legal Regimes, Routledge, pp. 202-225. (10.4324/9781003091196-9)
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This chapter considers the interaction between international maritime regulation and human rights law, with specific reference to the purported exercise of free speech and protest rights at sea. Protest activities provide a vivid and compelling context through which to reflect upon the role of particular human rights entitlements within the wider fabric of the law of the sea. The chapter also considers the adjudication of maritime protest within international human rights forums. In the meantime, protest will remain a regular occurrence in ocean space, and one that will continue to test the boundaries of the acceptable exercise of navigational entitlements. The chapter outlines the applicable rules governing protest activity at sea as applied under the framework of the United Nations Convention on the Law of the Sea (LOSC). The decision in the Castle John was light on substantive detail and has been considered by commentators to be a retrograde step in the post-LOSC application of piracy at sea.

Item Type: Book Section
Date Type: Published Online
Status: Published
Schools: Law
Publisher: Routledge
ISBN: 9781003091196
Date of First Compliant Deposit: 4 August 2022
Date of Acceptance: 16 June 2022
Last Modified: 05 Aug 2022 10:15

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