Cultural Influences on the Law of the Sea History, Legacy, and Future Prospects

Cultural norms underpin oceans law and policy, shaping rules for everything from maritime shipping to deep seabed mining. The doctrine of freedom of the seas, for instance, is an expression of Western European notions of liberty as much as it reflects geopolitical interests. Similarly, Latin American concepts of dependency theory and anti-colonialism support expansive coastal state rights, while envisioning ocean resources as the 'common heritage' of mankind reflects African communitarianism. The East Asian belief in Confucian social hierarchy reflects deference to authority, stability, and structure. Drawing on evidence from the origins of civilization to the present, this volume examines how cultural norms have impacted international maritime law. It brings together an expert cast of contributors - representing both the Global South and North - to explore how different regions culturally express and understand the law of the sea. Its chapters offer a breadth of perspectives on major elements of the law of the sea, including marine environmental protection, marine resource conservation, sustainable development, maritime security, and freedom of navigation.

1 - Introduction: Cultural Geography and the Law of the Sea
2 - Western Europe
3 - Eastern Europe
4 - Russia
5 - East Asia
6 - South Asia
7 - Africa
8 - South America
9 - North America
10 - Oceania
11 - Conclusion: Historical Legacies and Future Prospects

James Kraska is Charles H. Stockton Chair of International Maritime Law at the US Naval War College and Visiting Professor of Law and John Harvey Gregory Lecturer on World Organization at Harvard Law School, where he teaches International Law of the Sea. He has taught at the University of the Philippines College of Law, Gujarat National Law University, and Duke University Nicholas School of the Environment, and served as a Guest Investigator at the Marine Policy Center, Woods Hole Oceanographic Institute. He is a retired a US Navy judge advocate. Hayoun Ryou-Ellison is Assistant Professor at the College of International Security Affairs at the National Defense University in Washington, DC. She previously taught at Howard University, the Catholic University of America, and Virginia Commonwealth University. She was a non-resident fellow at the Korea Institute for Maritime Strategy (KIMS) from 2022 to 2024. Previously, she worked in New Delhi, India, where she was an Associate Fellow at the Observer Research Foundation, a Visiting Fellow at the Institute of Peace and Conflict Studies, and a Visiting Scholar at the Institute for Defence Studies and Analyses.