CIL Research Associate Amiel Ian Valdez‘s article titled ‘Balancing the Indigenous Peoples’ Ancestral Sea Rights, and the State’s Obligation to Protect and Preserve the Marine Environment: A Comparative Study of the Philippine and Australian Approaches‘ has just been published by the Asia-Pacific Journal on Human Rights and the Law (Brill Nijhoff), Volume 23 (2022), 47-99.

In this article, Amiel argues that there is sufficient basis for the recognition of an ancestral sea under the core human rights instruments, particularly through the lens of the indigenous peoples’ right to self-determination, right to enjoy or manifest culture, and right to protect their means of subsistence. He further argues that the State has a positive obligation to promote the realisation of ancestral rights, despite the Law of the Sea regime’s strong position on State sovereignty and sovereign rights, as well as a State duty in protecting and preserving the marine environment condition. Hence, Amiel proposes that there should be greater recognition of the role of indigenous peoples in managing the marine ecosystem of their ancestral seas.

The online copy will be available at https://brill.com/aphu