Lessons on Ocean Governance through the Historic Management of Indigenous Coastal Territories: The Short Comings of Modern Maritime Legislation in the Search for an Equitable Ocean Future

Abstract

The oceans cover a 70% of our planet and play a key role in environmental, economic, and cultural activities for communities around the world. However, access to ocean resources is not equitable. It is often small, minority communities that are excluded from the decision-making processes that impact them the most. Among the most vulnerable stakeholders in the face of ocean change are coastal indigenous communities. Given recent initiatives to promote global ocean equity, this study investigated the impacts of the United Nations Convention on the Law of the Sea (UNCLOS) on narratives of maritime indigenous governance around the world. A comparative case-study analysis of indigenous legislation in international straits in Australia and Canada aimed to determine whether future ocean equity initiatives should take a bottom-up approach to indigenous maritime rights or whether reformation of international legislation is necessary. Study findings demonstrated that while Australian and Canadian approaches to indigenous governance varied, UNCLOS uniformly hindered the ability of indigenous communities to take part in governance of coastal space. With a state centric approach to ocean governance, UNCLOS consistently supported the omission of indigenous stakeholders from the decision-making process. As a result, this study recommends the amendment of UNCLOS to recognize and empower indigenous peoples to take control of their traditional lands. Additionally, this study encourages the reinforcement of regional governance infrastructure in international straits to promote the implementation tailored management strategies for these vulnerable coastal areas.