China’s maritime militias, human rights, and the law of the sea: contested norms in a shifting international legal order

Loefflad, E. and Kapogianni, V. ORCID: https://orcid.org/0000-0002-6512-9054 (2024) China’s maritime militias, human rights, and the law of the sea: contested norms in a shifting international legal order. In: Leucci, P. (ed.) Humanity across the waves - rethinking the law of the sea through a human rights lens. ASCOMARE Yearbook on the Law of the Sea, 4. Luglio Editore, Trieste, pp. 189-221. ISBN 9788868034115

Abstract/Summary

While many have studied the international legal dimensions of South China Sea disputes, few have explored the intersection of human rights and the law of the sea. Yet, this perspective is crucial – especially given China’s claims that its maritime militia fishermen, who controversially advance its maritime strategy, have suffered human rights abuses. Using this issue to theorise the broader relationship between human rights and the law of the sea, we examine Chinese maritime militias through a comparative international law framework. On the one hand, existing legal doctrine – including the United Nations Convention on the Law of the Sea and its implementing agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction – provides strong grounds to critique China’s maritime militia strategy. On the other hand, these militias can be framed as agents of China’s ‘ecological civilisation’ agenda, confronting climate change and advancing human rights under the law of the sea. Ultimately, the Chinese maritime militia question offers deep insights into intersecting legal regimes amid global norm contestations.

Item Type	Book or Report Section
URI	https://centaur.reading.ac.uk/id/eprint/124375
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law
Publisher	Luglio Editore
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