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Editor:
Listen to the podcast with Nilufer Oral on 'Climate Change, Oceans and Gender'
In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive.
See inside the book.
In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive.
See inside the book.
Editor:
Listen to the podcast with Nilufer Oral on 'Climate Change, Oceans and Gender'
In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive.
See inside the book.
In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive.
See inside the book.
Author:
Abstract
Shipping is an industry in which women have a limited role. Most work on passenger and cruise ships and only a few are masters or officers, while the vast majority are enlisted as ratings and other personnel. These occupations increase the vulnerability of women seafarers, and are added to the difficulties women face when searching to find work on ship or when they are effectively enlisted. Instances of harassment, including sexual harassment, are informally discussed but victims seldom complain officially. The Maritime Labour Convention (MLC) has the ambition to be an international maritime labour code, and it includes some gender-related provisions, including both general clauses of equality and non-discrimination, few rather obvious provisions concerning separate accommodation and sanitary facilities on board ships; and considerations relating to maternity with respect to social security benefits and leave entitlement. The chapter discusses the value of the explicit clauses of the MLC as well as the potential for developing gender awareness in the maritime labour sector through the use of the compliance and enforcement provisions of the MLC.
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Abstract
The chapter discusses how international laws and policies can be translated into ‘good practices’ at a national level for the successful integration of women in the maritime sector. So-called ‘good practices’ are exercised for the implementation of laws and practices and considered as ‘good’ and ‘effective’ in a given situation. Although general concerns, including equal opportunities and equal pay, are shared worldwide, the notion of ‘good practices’ vary by country. Similarly, the national priorities in achieving gender equality may not be the same from one country to another. The chapter first identifies where interventions are necessary to ensure that actions and policies are effective. In this respect, the use of Gender-Sensitive Indicators (GSI) and Gender-Based Analysis (GBA) is a good starting point to facilitate the process of implementing the international laws and policies at a national level. In addition, the chapter addresses the significance of cultural differences when designing maritime strategies addressing gender inequality. Finally, the chapter calls for greater international engagement with countries which have not ratified the key legal instruments.
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Abstract
Climate change has traditionally been associated with the atmosphere. However, the important nexus between climate change and the ocean has gained increased recognition in the past few years. Climate change and the oceans brings into play two important but separate regimes: the 1992 United Nations Framework Convention on Climate Change (UNFCCC) and the 2015 Paris Agreement on Climate Change. UNCLOS was negotiated a decade before the 1992 UNFCCC. UNCLOS does address gender issues and it was not until the 2015 Paris Agreement that any acknowledgment was given to the place of gender in climate change. Specifically, the preamble of the Paris Agreement calls upon Parties, when taking action to address climate change, to “respect, promote and consider their respective obligations” inter alia “gender equality and empowerment of women. The chapter will provide a brief overview the relationship between climate change and oceans, looking at the existing climate change regime, disaster regime and law of the sea regime, and then examine the place of gender in relation to climate change and oceans in these respective regimes. The chapter will show that there is an imbalanced treatment of gender among the UNFCCC climate change regime, the disaster regime and that of the UNCLOS regime.
Abstract
In the opening sequence of her Nexus Lecture, Borgese was quick to acknowledge an almost life-long preoccupation of hers with the “problem of being a woman in our Western culture”. Furthermore, she considered that the Oceans would serve as a “great laboratory for the making of a new world order” and, as such, presented an opportunity for utopian ideas of world governance to be “tested in the arena of real politics”. This approach came to characterize Borgese’s subsequent contributions to the law of the sea. If in the context of the LOSC a community based approach ultimately prevailed over more State-centric attitudes, this was to be properly construed as the reflection of a much grander ideal. Borgese, in fact, celebrated the LOSC as a promise of a new socio-political map. Most relevantly, however, in her own final analysis of the “years of [her] life”, Borgese reaffirmed her unwavering belief that “the new emphasis on community and on cooperation, coupled with technological developments, will also enhance a new gender balance”. This chapter delves into the above as well as trace Borgese’s immense contribution to the development of the Law of the Sea as we know it today, including her contribution through the Pacem in Maribus series of conferences and the establishment of the International Ocean Institute.
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Abstract
Feminist approaches to international law commence with a series of structural bias accounts of the international order but have increasingly narrowed to focus on women’s issues and/or specific sub-disciplines of international law, such as collective security and international criminal law. However, no feminist study of the law of the sea currently exists. This chapter adopts for the first time feminist approaches to international law and feminism post-humanism to tests the relevance of feminist analyses on law of the sea, taking contemporary critical accounts of the global order, the rise of expertise and the role of techniques of governance as useful starting points for a critical feminist inquiry. The chapter highlights four key sights where such conversations might be productive: participation at sea, vulnerabilities at sea, security at sea and in discussions of global governance regimes. Configuring gender as a means of analysis into the law of sea requires sustained and thoughtful encounters between feminists, law makers and experts. Through the provision of a feminist, post-humanist, analysis of the law of the sea this research contributes to understandings of the contemporary global order and to the changing dynamics of global governance on gender issues.
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Abstract
The depletion of marine living resources and the need for their conservation are among the most pressing tasks faced by international law of the sea. While the failure to properly manage marine living resources may be due to States’ lack of will to take appropriate conservation measures, structural limitations of existing rules of international law and conceptual narratives about nature foster harmful and unsustainable behaviours. This chapter builds on feminist post-humanism to unpack disciplinary assumptions about nature that underpin international law, and offers a critical analysis of the legal system surrounding marine living resource management. The chapter argues that international law of the sea is structured in a way that systematically reinforces patters of environmental degradation, for its genealogy rests on the concepts of anthropocentrism, androcentrism and epistemological mechanisms of exclusion whereby certain humans and the natural ecosystem are systematically disadvantaged. The chapter discusses the legal foundations of the law of the sea framework and analyses the most relevant international instruments and integrative approaches governing marine living resources management. In relation to the latter, the chapter queries whether the ecosystem approach could aptly represent a trope for a posthumanist manifesto in the international law of the sea.
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Abstract
The 2030 Agenda for Sustainable Development recognizes that the realization of Sustainable Development Goal 5 on gender equality and the empowerment of women and girls will make a crucial contribution to progress across all the other Goals, including Goal 14 on the conservation and sustainable use of the oceans, seas and marine resources. However, thus far, gender issues have generally been overlooked in the various ocean sectors and activities. This Chapter examines how gender equality and the empowerment of women relate to the law of the sea and ocean governance. It first presents an overview of progress achieved in realizing gender equality generally, and then focuses on gender-related challenges and vulnerabilities in the ocean context. On this basis, it reviews the existing legal and policy framework to address inequalities, focussing in particular on human rights incorporated in law of the sea instruments, on the fisheries sector, on the protection of refugees, migrants and trafficked persons, and on safe and decent working conditions on board ships. Finally, the chapter identifies the key factors for creating an enabling environment for the consideration of gender issues, in particular gender equality and the empowerment of women.
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