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19 Human Rights and the Law of the Sea

Irini Papanicolopulu

From: The IMLI Manual on International Maritime Law: Volume I: The Law of the Sea

Edited By: David J Attard, Malgosia Fitzmaurice, Norman A Martínez Gutiérrez

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 05 August 2021

Right to life — Equality before the law — Right to fair trial — Right to liberty and security of person — Right to work — Freedom of expression — Right to social security — Freedom of association — Right to adequate standard of living — Right to liberty of movement — Freedom of thought, conscience, and religion — UNCLOS (UN Convention on the Law of the Sea) — Exclusive economic zone — Ships / vessels — Pollution — Flag state — High seas — Territorial sea — Specific treaties — Treaties, binding force — Customary international law
In a 2010 judgment concerning State activities on the high seas, the European Court of Human Rights (ECtHR) remarked that ‘the special nature of the maritime environment relied upon by the Government in the instant case cannot justify an area outside the law where ships’ crews are covered by no legal system capable of affording them enjoyment of the rights and guarantees protected’ by the European Convention on Human Rights.1 How is it that the sea should be defined as ‘an area outside the law’, when the existence of legal rules in this field has been affirmed...
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