Navigating maritime law, law of the sea and human rights protection to inform climate adaptation

Abstract

In ‘From survival cannibalism to climate politics: Rethinking Regina vs Dudley and Stephens’, Itamar Mann argues inter alia that survival cannibalism and the duty to rescue at sea can inform how to approach climate politics (Mann, p 1). In this piece, I will address this claim through maritime law, the law of the sea and human rights law perspectives. In particular, I will argue that the criminalisation of survival cannibalism is justified on grounds of protection of the fundamental right to life. Survival cannibalism is presented here as a ‘practice’ or ‘custom of the sea’ rather than a maritime custom or ‘bottom-up customary law’ (Mann, pp 4–6). I will suggest an alternative model of sacrifice accompanied by a system of redress grounded in the maritime custom of general average to inform the commonist lifeboat model proposed. In this process that starts at the inner circle before moving to the outer circle where the customary duty to rescue at sea is examined, class dynamics will be briefly considered. The environment will be the last element examined through the Teitiota case. Human rights concerns inform the overall approach taken in an effort to affirm and advance fundamental principles in addressing climate adaptation.

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