Property Rights at Sea - Prof Richard Barnes

Lecture summary: Property is a fundamental legal institution governing the use of things: who may own what, how and why. Given that such questions extend to a wide range of natural resources essential to human well-being, such as food, water and shelter, then it is reasonable to assume that human rights should play an important role in shaping property rights discourse and practice. And yet this assumption is somewhat misplaced. The relationship between property and human rights and property remains relatively underdeveloped in both practice and academic literature, and virtually non-existent when we move to the maritime domain. In this paper, I explore and question the role that property and human rights can and should play in the maritime domain. I outline how such rights arise and are protected under human rights instruments, before exploring how they might inform the moral and legal distribution of resources. In particular, I focus on how we might balance individual rights and public interests that arise in respect of property, and how these are informed by the nature of the oceans as a commons.

Richard Barnes is Professor of International Law at the University of Lincoln and Adjunct Professor of Law at the Norwegian Centre for the Law of the Sea, the University of Tromsø. His current research focuses on the human right to property, ocean commons, and the BBNJ Agreement. He is widely published in the fields of international law and law of the sea. Property Rights and Natural Resources (2009), won the SLS Birks Book Prize for Outstanding Legal Scholarship. He has edited several collections of essays including Research Handbook on Plastics Regulation (2024), Frontiers in International Environmental Law. Oceans and Climate (2021), Research Handbook on Climate Change, Oceans and Coasts (2020), and The United Nations Convention on the Law of the Sea: A Living Instrument (2016). Professor Barnes a member of the ILA Committee on the Protection of People at Sea. He has acted as a consultant for the WWF, Oceana, ClientEarth, the European Parliament, the UK Department for Environment, Food and Rural Affairs. He has also provided advice to foreign ministries. He has appeared numerous times before Parliamentary select committees on matters related to law of the sea, fisheries and Brexit. He is on the Editorial Board of International and Comparative Law Quarterly, the International Journal of Marine and Coastal Law, the New Zealand Yearbook of International Law, the German Yearbook of International Law, and the Portuguese Yearbook of the Law of the Sea.