The law of the sea and the exercise of free speech and protest rights

This chapter considers the interaction between international maritime regulation and human rights law, with specific reference to the purported exercise of free speech and protest rights at sea. Protest activities provide a vivid and compelling context through which to reflect upon the role of particular human rights entitlements within the wider fabric of the law of the sea. The chapter also considers the adjudication of maritime protest within international human rights forums. In the meantime, protest will remain a regular occurrence in ocean space, and one that will continue to test the boundaries of the acceptable exercise of navigational entitlements. The chapter outlines the applicable rules governing protest activity at sea as applied under the framework of the United Nations Convention on the Law of the Sea (LOSC). The decision in the Castle John was light on substantive detail and has been considered by commentators to be a retrograde step in the post-LOSC application of piracy at sea