the Normative Porosity of the UN Convention on the Law of the Sea: From "Human Rights at Sea" to the "Ocean-Climate Nexus"

Authors

Eduardo Cavalcanti de Mello Filho

Abstract

This article delves into the nexus between the 1982 U.N. Convention on the Law of the Sea (“UNCLOS”) and the broader international legal order, focusing on UNCLOS Article 287 tribunals with jurisdiction limited to disputes related to the Convention. The study categorizes three gateways through which external rules of international law influence the interpretation and application of UNCLOS: Renvoi provisions, systemic interpretation mechanisms, and systemic integration via Article 293(1). Considering recent studies highlighting UNCLOS as a “springboard for interaction,” this research synthesizes legal dogmatics with insights from the sociology of law and international relations theory. Mindful of the momentum experienced by the “human rights at sea” and the “ocean-climate nexus” movements, it offers a comprehensive understanding of UNCLOS’s integrative limits, crucial for maintaining its delicate balance amid evolving legal complexities, especially in the context of its compulsory dispute settlement system.

Volume

34

Issue

1

Recommended Citation

Cavalcanti de Mello Filho, Eduardo (2025) "the Normative Porosity of the UN Convention on the Law of the Sea: From "Human Rights at Sea" to the "Ocean-Climate Nexus"," Minnesota Journal of International Law: Vol. 34: Iss. 1, Article 2.
Available at: https://scholarship.law.umn.edu/minn-jrnl-intl-law/vol34/iss1/2