SOAS Research Online

Abstract

Although scholars largely agree that the United Nations Convention on the Law of the Sea (UNCLOS) is a “living instrument”, the case law shows UNCLOS tribunals’ reluctance to fully engage with questions other than those strictly speaking regulated under the Convention. Amongst these are questions relating to the protection of marine biodiversity and human rights, which have frequently arisen in the context of UNCLOS disputes but received considerably little attention. This is particularly surprising, given the interconnected nature of the marine environment with biodiversity and ecosystems, and with the rights of the communities thriving on them. Against this background, the present paper unpacks the principle of systemic integration as discussed by the International Tribunal for the Law of the Sea in its 2024 Advisory Opinion, investigating two mechanisms regulating the relationship between UNCLOS and other international instruments, namely the rule of reference technique and Article 237 UNCLOS. Then, it shifts the focus onto international biodiversity law and international human rights law, critically assessing to what extent the Tribunal’s cautious approach to these two regimes was justified in the light of systemic integration. Finally, it offers some remarks on the prospects of litigating the conservation of marine biodiversity and the protection of human rights before UNCLOS international dispute settlement mechanisms.